II 

109TH CONGRESS 

1ST SESSION S. 1013 

To improve the allocation of grants through the Department of Homeland 

Security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2005 

Mrs. FEINSTEIN (for herself, Mr. CORNYN, Mr. LAUTENBERG, Mrs. 

HUTCHISON, Mrs. BOXER, Mr. CORZINE, Mr. SCHUMER, Mrs. CLINTON, 

Mr. NELSON of Florida, and Mr. KENNEDY) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To improve the allocation of grants through the Department 

of Homeland Security, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Funding Our Risks With Appropriate Resource Dis6 bursement Act of 2005’’ or the ‘‘Homeland Security FOR7 WARD Funding Act of 2005’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 
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Sec. 1. Short title; table of contents. 

Sec. 2. Risk-based funding for homeland security. 

Sec. 3. Essential capabilities, task forces, and standards. 

Sec. 4. Effective administration of homeland security grants. 

Sec. 5. Implementation and definitions. 

1 SEC. 2. RISK-BASED FUNDING FOR HOMELAND SECURITY. 

2 (a) RISK-BASED FUNDING IN GENERAL.—The 

3 Homeland Security Act of 2002 (Public Law 107–296; 6 

4 U.S.C. 361 et seq.) is amended by adding at the end the 

5 following: 

6 ‘‘TITLE XVIII—RISK-BASED 

7 FUNDING FOR HOMELAND SE8 CURITY 

9 ‘‘SEC. 1801. RISK-BASED FUNDING FOR HOMELAND SECU10 RITY. 

11 ‘‘(a) RISK-BASED FUNDING.—The Secretary shall 

12 ensure that homeland security grants are allocated based 

13 on an assessment of threat, vulnerability, and consequence 

14 to the maximum extent practicable. 

15 ‘‘(b) COVERED GRANTS.—This title applies to grants 

16 provided by the Department to States, regions, or directly 

17 eligible tribes for the primary purpose of improving the 

18 ability of first responders to prevent, prepare for, respond 

19 to, or mitigate threatened or actual terrorist attacks, espe20 cially those involving weapons of mass destruction, and 

21 grants provided by the Department for improving home22 land security, including the following: 
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1 ‘‘(1) STATE HOMELAND SECURITY GRANT PRO2 GRAM.—The State Homeland Security Grant Pro3 gram of the Department, or any successor to such 

4 grant program. 

5 ‘‘(2) URBAN AREA SECURITY INITIATIVE.—The 

6 Urban Area Security Initiative of the Department, 

7 or any successor to such grant program. 

8 ‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN9 TION PROGRAM.—The Law Enforcement Terrorism 

10 Prevention Program of the Department, or any suc11 cessor to such grant program. 

12 ‘‘(4) CITIZEN CORPS PROGRAM.—The Citizen 

13 Corps Program of the Department, or any successor 

14 to such grant program. 

15 ‘‘(c) EXCLUDED PROGRAMS.—This title does not 

16 apply to or otherwise affect the following Federal grant 

17 programs or any grant under such a program: 

18 ‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed19 eral grant program that is not administered by the 

20 Department. 

21 ‘‘(2) FIRE GRANT PROGRAMS.—The fire grant 

22 programs authorized by sections 33 and 34 of the 

23 Federal Fire Prevention and Control Act of 1974 

24 (15 U.S.C. 2229, 2229a). 
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1 ‘‘(3) EMERGENCY MANAGEMENT PLANNING

2 AND ASSISTANCE ACCOUNT GRANTS.—The Emer3 gency Management Performance Grant program and 

4 the Urban Search and Rescue Grants program au5 thorized by title VI of the Robert T. Stafford Dis6 aster Relief and Emergency Assistance Act (42 

7 U.S.C. 5195 et seq.), the Departments of Veterans 

8 Affairs and Housing and Urban Development, and 

9 Independent Agencies Appropriations Act, 2000 

10 (113 Stat. 1047 et seq.), and the Earthquake Haz11 ards Reduction Act of 1977 (42 U.S.C. 7701 et 

12 seq.). 

13 ‘‘(d) EFFECT ON COVERED GRANTS.—Nothing in 

14 this Act shall be construed to require the elimination of 

15 a covered grant program.’’. 

16 (b) COVERED GRANT ELIGIBILITY AND CRITERIA.— 

17 The Homeland Security Act of 2002 (Public Law 107– 

18 296; 6 U.S.C. 361 et seq.), as amended by subsection (a), 

19 is amended by adding at the end the following: 

20 ‘‘SEC. 1802. COVERED GRANT ELIGIBILITY AND CRITERIA. 

21 ‘‘(a) GRANT ELIGIBILITY.— 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) GENERAL ELIGIBILITY.—Except as 

24 provided in subparagraphs (B) and (C), any 
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1 State, region, or directly eligible tribe shall be 

2 eligible to apply for a covered grant. 

3 ‘‘(B) URBAN AREA SECURITY INITIA4 TIVE.—Only a region shall be eligible to apply 

5 for a grant under the Urban Area Security Ini6 tiative of the Department, or any successor to 

7 such grant program. 

8 ‘‘(C) STATE HOMELAND SECURITY GRANT

9 PROGRAM.—Only a State shall be eligible to 

10 apply for a grant under the State Homeland 

11 Security Grant Program of the Department, or 

12 any successor to such grant program. 

13 ‘‘(2) OTHER GRANT APPLICANTS.— 

14 ‘‘(A) IN GENERAL.—Grants provided by 

15 the Department for improving homeland secu16 rity, including to seaports, airports, and other 

17 transportation facilities, shall be allocated as 

18 described in section 1801(a). 

19 ‘‘(B) CONSIDERATION.—Such grants shall 

20 be considered, to the extent determined appro21 priate by the Secretary, pursuant to the proce22 dures and criteria established in this title, ex23 cept that the eligibility requirements of para24 graph (1) shall not apply. 

25 ‘‘(3) CERTIFICATION OF REGIONS.— 
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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 certify a geographic area as a region if— 

3 ‘‘(i) the geographic area meets the cri4 teria under section 1807(10)(B) and (C); 

5 and 

6 ‘‘(ii) the Secretary determines, based 

7 on an assessment of threat, vulnerability, 

8 and consequence, that certifying the geo9 graphic area as a region under this title is 

10 in the interest of national homeland secu11 rity. 

12 ‘‘(B) EXISTING URBAN AREA SECURITY

13 INITIATIVE AREAS.—Notwithstanding subpara14 graphs (B) and (C) of section 1807(10), a geo15 graphic area that, on or before the date of en16 actment of the Homeland Security FORWARD 

17 Funding Act of 2005, was designated as a high18 threat urban area for purposes of the Urban 

19 Area Security Initiative, shall be certified by 

20 the Secretary as a region unless the Secretary 

21 determines, based on an assessment of threat, 

22 vulnerability, and consequence, that certifying 

23 the geographic area as a region is not in the in24 terest of national homeland security. 
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1 ‘‘(b) GRANT CRITERIA.—In awarding covered grants, 

2 the Secretary shall assist States, local governments, and 

3 operators of airports, ports, or similar facilities in achiev4 ing, maintaining, and enhancing the essential capabilities 

5 established by the Secretary under section 1803. 

6 ‘‘(c) STATE HOMELAND SECURITY PLANS.— 

7 ‘‘(1) SUBMISSION OF PLANS.—The Secretary 

8 shall require that any State applying to the Sec9 retary for a covered grant shall submit to the Sec10 retary a 3-year State homeland security plan that— 

11 ‘‘(A) demonstrates the extent to which the 

12 State has achieved the essential capabilities 

13 that apply to the State; 

14 ‘‘(B) demonstrates the needs of the State 

15 necessary to achieve, maintain, or enhance the 

16 essential capabilities that apply to the State; 

17 ‘‘(C) includes a prioritization of such needs 

18 based on threat, vulnerability, and consequence 

19 assessment factors applicable to the State; 

20 ‘‘(D) describes how the State intends— 

21 ‘‘(i) to address such needs at the city, 

22 county, regional, tribal, State, and inter23 state level, including a precise description 

24 of any regional structure the State has es25 tablished for the purpose of organizing 
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1 homeland security preparedness activities 

2 funded by covered grants; 

3 ‘‘(ii) to use all Federal, State, and 

4 local resources available for the purpose of 

5 addressing such needs; and 

6 ‘‘(iii) to give particular emphasis to 

7 regional planning and cooperation, includ8 ing the activities of multijurisdictional 

9 planning agencies governed by local offi10 cials, both within its jurisdictional borders 

11 and with neighboring States; 

12 ‘‘(E) is developed in consultation with and 

13 subject to appropriate comment by local govern14 ments within the State; and 

15 ‘‘(F) with respect to the emergency pre16 paredness of first responders, addresses the 

17 unique aspects of terrorism as part of a com18 prehensive State emergency management plan. 

19 ‘‘(2) APPROVAL BY SECRETARY.—The Sec20 retary may not award any covered grant to a State 

21 unless the Secretary has approved the applicable 

22 State homeland security plan. 

23 ‘‘(d) CONSISTENCY WITH STATE PLANS.—The Sec24 retary shall ensure that each covered grant is used to sup25 plement and support, in a consistent and coordinated 
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1 manner, the applicable State homeland security plan or 

2 plans. 

3 ‘‘(e) APPLICATION FOR GRANT.— 

4 ‘‘(1) IN GENERAL.—Except as otherwise pro5 vided in this subsection, any State, region, directly 

6 eligible tribe, or operator of an airport, port, or simi7 lar facility may apply for a covered grant by submit8 ting to the Secretary an application at such time, in 

9 such manner, and containing such information as is 

10 required under this subsection, or as the Secretary 

11 may reasonably require. 

12 ‘‘(2) DEADLINES FOR APPLICATIONS AND

13 AWARDS.—All applications for covered grants shall 

14 be submitted at such time as the Secretary may rea15 sonably require for the fiscal year for which they are 

16 submitted. The Secretary shall award covered grants 

17 pursuant to all approved applications for such fiscal 

18 year as soon as practicable, but not later than 

19 March 1 of such year. 

20 ‘‘(3) AVAILABILITY OF FUNDS.—All funds 

21 awarded by the Secretary under covered grants in a 

22 fiscal year shall be available for obligation through 

23 the end of the subsequent fiscal year. 
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1 ‘‘(4) MINIMUM CONTENTS OF APPLICATION.— 

2 The Secretary shall require that each applicant in3 clude in its application, at a minimum— 

4 ‘‘(A) the purpose for which the applicant 

5 seeks covered grant funds and the reasons why 

6 the applicant needs the covered grant to meet 

7 the essential capabilities for terrorism prepared8 ness within the State, region, or directly eligible 

9 tribe or at the airport, port, or similar facility 

10 to which the application pertains; 

11 ‘‘(B) a description of how, by reference to 

12 the applicable State homeland security plan or 

13 plans under subsection (c), the allocation of 

14 grant funding proposed in the application, in15 cluding, where applicable, the amount not 

16 passed through under section 1806(g)(1), would 

17 assist in fulfilling the essential capabilities spec18 ified in such plan or plans; 

19 ‘‘(C) a statement of whether a mutual aid 

20 agreement applies to the use of all or any por21 tion of the covered grant funds; 

22 ‘‘(D) if the applicant is a State, a descrip23 tion of how the State plans to allocate the cov24 ered grant funds to regions, local governments, 

25 and Indian tribes; 
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1 ‘‘(E) if the applicant is a region— 

2 ‘‘(i) a precise geographical description 

3 of the region and a specification of all par4 ticipating and nonparticipating local gov5 ernments within the geographical area 

6 comprising that region; 

7 ‘‘(ii) a specification of what govern8 mental entity within the region will admin9 ister the expenditure of funds under the 

10 covered grant; 

11 ‘‘(iii) a designation of a specific indi12 vidual to serve as regional liaison; and 

13 ‘‘(iv) a description of how the govern14 mental entity administering the expendi15 ture of funds under the covered grant 

16 plans to allocate the covered grant funds to 

17 States, local governments, and Indian 

18 tribes; 

19 ‘‘(F) a capital budget showing how the ap20 plicant intends to allocate and expend the cov21 ered grant funds; and 

22 ‘‘(G) if the applicant is a directly eligible 

23 tribe, a designation of a specific individual to 

24 serve as the tribal liaison. 

25 ‘‘(5) REGIONAL APPLICATIONS.— 
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1 ‘‘(A) RELATIONSHIP TO STATE APPLICA2 TIONS.—A regional application— 

3 ‘‘(i) shall be coordinated with an ap4 plication submitted by the State or States 

5 of which such region is a part; 

6 ‘‘(ii) shall supplement and avoid dupli7 cation with such State application; and 

8 ‘‘(iii) shall address the unique regional 

9 aspects of such region’s terrorism pre10 paredness needs beyond those provided for 

11 in the application of such State or States. 

12 ‘‘(B) OPPORTUNITY FOR STATE REVIEW

13 AND COMMENT.— 

14 ‘‘(i) IN GENERAL.—To ensure coordi15 nation with an application submitted by a 

16 State or States, an applicant that is a re17 gion shall submit its application to each 

18 State within the boundaries of which any 

19 part of such region is located for review. 

20 Before awarding any covered grant to a re21 gion, the Secretary shall provide an oppor22 tunity to each State within the boundaries 

23 of which any part of such region is located 

24 to comment to the Secretary on the con25 sistency of the region’s application with the 
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1 State’s homeland security plan. Any such 

2 comments and the underlying regional ap3 plication shall be submitted to the Sec4 retary concurrently with the submission of 

5 the State and regional applications. 

6 ‘‘(ii) FINAL AUTHORITY.—The Sec7 retary shall have final authority to deter8 mine the consistency of any application of 

9 a region with the applicable State home10 land security plan or plans, and to approve 

11 any application of such region. The Sec12 retary shall notify each State within the 

13 boundaries of which any part of such re14 gion is located of the approval of an appli15 cation by such region. 

16 ‘‘(C) DISTRIBUTION OF REGIONAL

17 AWARDS.—If the Secretary approves a regional 

18 application, then the Secretary shall distribute 

19 a regional award to the State or States submit20 ting the applicable regional application under 

21 subparagraph (B), and each such State shall, 

22 not later than the end of the 45-day period be23 ginning on the date after receiving a regional 

24 award, pass through to the region all covered 

25 grant funds or resources purchased with such 
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1 funds, except those funds necessary for the 

2 State to carry out its responsibilities with re3 spect to such regional application; Provided 

4 That, in no such case shall the State or States 

5 pass through to the region less than 80 percent 

6 of the regional award. 

7 ‘‘(D) CERTIFICATIONS REGARDING DIS8 TRIBUTION OF GRANT FUNDS TO REGIONS.— 

9 Any State that receives a regional award under 

10 subparagraph (C) shall certify to the Secretary, 

11 by not later than 30 days after the expiration 

12 of the period described in subparagraph (C) 

13 with respect to the grant, that the State has 

14 made available to the region the required funds 

15 and resources in accordance with subparagraph 

16 (C). 

17 ‘‘(E) DIRECT PAYMENTS TO REGIONS.—If 

18 any State fails to pass through a regional 

19 award to a region as required by subparagraph 

20 (C) within 45 days after receiving such award 

21 and does not request or receive an extension of 

22 such period under section 1806(h)(2), the re23 gion may petition the Secretary to receive di24 rectly the portion of the regional award that is 
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1 required to be passed through to such region 

2 under subparagraph (C). 

3 ‘‘(F) REGIONAL LIAISONS.—A regional li4 aison designated under paragraph (4)(E)(iii) 

5 shall— 

6 ‘‘(i) coordinate with Federal, State, 

7 local, regional, and private officials within 

8 the region concerning terrorism prepared9 ness; 

10 ‘‘(ii) develop a process for receiving 

11 input from Federal, State, local, regional, 

12 and private sector officials within the re13 gion to assist in the development of the re14 gional application and to improve the re15 gion’s access to covered grants; and 

16 ‘‘(iii) administer, in consultation with 

17 State, local, regional, and private officials 

18 within the region, covered grants awarded 

19 to the region. 

20 ‘‘(6) TRIBAL APPLICATIONS.— 

21 ‘‘(A) SUBMISSION TO THE STATE OR

22 STATES.—To ensure the consistency required 

23 under subsection (d), an applicant that is a di24 rectly eligible tribe shall submit its application 

25 to each State within the boundaries of which 
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1 any part of such tribe is located for direct sub2 mission to the Department along with the appli3 cation of such State or States. 

4 ‘‘(B) OPPORTUNITY FOR STATE COM5 MENT.—Before awarding any covered grant to 

6 a directly eligible tribe, the Secretary shall pro7 vide an opportunity to each State within the 

8 boundaries of which any part of such tribe is lo9 cated to comment to the Secretary on the con10 sistency of the tribe’s application with the 

11 State’s homeland security plan. Any such com12 ments shall be submitted to the Secretary con13 currently with the submission of the State and 

14 tribal applications. 

15 ‘‘(C) FINAL AUTHORITY.—The Secretary 

16 shall have final authority to determine the con17 sistency of any application of a directly eligible 

18 tribe with the applicable State homeland secu19 rity plan or plans, and to approve any applica20 tion of such tribe. The Secretary shall notify 

21 each State within the boundaries of which any 

22 part of such tribe is located of the approval of 

23 an application by such tribe. 

24 ‘‘(D) TRIBAL LIAISON.—A tribal liaison 

25 designated under paragraph (4)(G) shall— 
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1 ‘‘(i) coordinate with Federal, State, 

2 and private sector officials to assist in the 

3 development of the application of such 

4 tribe and to improve the tribe’s access to 

5 covered grants; and 

6 ‘‘(ii) administer, in consultation with 

7 State, local, regional, and private officials, 

8 covered grants awarded to such tribe. 

9 ‘‘(E) LIMITATION ON THE NUMBER OF DI10 RECT GRANTS.—The Secretary may make cov11 ered grants directly to not more than 20 di12 rectly eligible tribes per fiscal year. 

13 ‘‘(F) TRIBES NOT RECEIVING DIRECT

14 GRANTS.—An Indian tribe that does not receive 

15 a grant directly under this section is eligible to 

16 receive funds under a covered grant from the 

17 State or States within the boundaries of which 

18 any part of such tribe is located, consistent with 

19 the homeland security plan of the State as de20 scribed in subsection (c). If a State fails to 

21 comply with section 1806(g)(1), the tribe may 

22 request payment under section 1806(h)(3) in 

23 the same manner as a local government. 

24 ‘‘(7) EQUIPMENT STANDARDS.—If an applicant 

25 for a covered grant proposes to upgrade or purchase, 
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1 with assistance provided under the grant, new equip2 ment or systems that do not meet or exceed any ap3 plicable national voluntary consensus standards es4 tablished by the Secretary under section 1805(a), 

5 the applicant shall include in the application an ex6 planation of why such equipment or systems will 

7 serve the needs of the applicant better than equip8 ment or systems that meet or exceed such standards. 

9 ‘‘(f) HOMELAND SECURITY GRANTS BOARD.— 

10 ‘‘(1) ESTABLISHMENT OF BOARD.—The Sec11 retary shall establish a Homeland Security Grants 

12 Board, consisting of— 

13 ‘‘(A) the Secretary; 

14 ‘‘(B) the Deputy Secretary of Homeland 

15 Security; 

16 ‘‘(C) the Under Secretary for Emergency 

17 Preparedness and Response; 

18 ‘‘(D) the Under Secretary for Border and 

19 Transportation Security; 

20 ‘‘(E) the Under Secretary for Information 

21 Analysis and Infrastructure Protection; 

22 ‘‘(F) the Under Secretary for Science and 

23 Technology; and 

24 ‘‘(G) the Director of the Office of State 

25 and Local Government Coordination. 
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1 ‘‘(2) CHAIRMAN.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall be 

3 the Chairman of the Board. 

4 ‘‘(B) EXERCISE OF AUTHORITIES BY DEP5 UTY SECRETARY.—The Deputy Secretary of 

6 Homeland Security may exercise the authorities 

7 of the Chairman, if the Secretary so directs. 

8 ‘‘(3) RISK-BASED RANKING OF GRANT APPLICA9 TIONS.— 

10 ‘‘(A) PRIORITIZATION OF GRANTS.—The 

11 Board— 

12 ‘‘(i) shall evaluate and annually 

13 prioritize all pending applications for cov14 ered grants based upon the degree to 

15 which they would, by achieving, maintain16 ing, or enhancing the essential capabilities 

17 of the applicants on a nationwide basis, 

18 lessen the threat to, vulnerability of, and 

19 consequences for persons and critical infra20 structure; and 

21 ‘‘(ii) in evaluating the threat to per22 sons and critical infrastructure for pur23 poses of prioritizing covered grants, shall 

24 give greater weight to threats of terrorism 
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1 based on their specificity and credibility, 

2 including any pattern of repetition. 

3 ‘‘(B) MINIMUM AMOUNTS.— 

4 ‘‘(i) IN GENERAL.—After evaluating 

5 and prioritizing grant applications under 

6 subparagraph (A), the Board shall ensure 

7 that, for each fiscal year, each State that 

8 has an approved State homeland security 

9 plan receives no less than 0.25 percent of 

10 the funds available for the State Homeland 

11 Security Grant Program, as described in 

12 section 1801(b)(1), for that fiscal year for 

13 purposes of implementing its homeland se14 curity plan in accordance with the 

15 prioritization of additional needs under 

16 subsection (c)(1)(C). 

17 ‘‘(ii) OTHER ENTITIES.—Notwith18 standing clause (i), the Board shall ensure 

19 that, for each fiscal year, American Samoa, 

20 the Commonwealth of the Northern Mar21 iana Islands, Guam, and the Virgin Islands 

22 each receive 0.08 percent of the funds 

23 available for the State Homeland Security 

24 Grant Program, as described in section 

25 1801(b)(1), for that fiscal year for pur-
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1 poses of implementing its homeland secu2 rity plan in accordance with the 

3 prioritization of additional needs under 

4 subsection (c)(1)(C). 

5 ‘‘(4) FUNCTIONS OF UNDER SECRETARIES.— 

6 The Under Secretaries referred to in paragraph (1) 

7 shall seek to ensure that the relevant expertise and 

8 input of the staff of their directorates are available 

9 to and considered by the Board.’’. 

10 SEC. 3. ESSENTIAL CAPABILITIES, TASK FORCES, AND 

11 STANDARDS. 

12 The Homeland Security Act of 2002 (Public Law 

13 107–296; 6 U.S.C. 361 et seq.), as amended by section 

14 2, is amended by adding at the end the following: 

15 ‘‘SEC. 1803. ESSENTIAL CAPABILITIES FOR HOMELAND SE16 CURITY. 

17 ‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPABILI18 TIES.— 

19 ‘‘(1) IN GENERAL.—For purposes of covered 

20 grants, the Secretary shall establish clearly defined 

21 essential capabilities for State and local government 

22 preparedness for terrorism, in consultation with— 

23 ‘‘(A) the Task Force on Essential Capabili24 ties established under section 1804; 
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1 ‘‘(B) the Under Secretaries for Emergency 

2 Preparedness and Response, Border and Trans3 portation Security, Information Analysis and 

4 Infrastructure Protection, and Science and 

5 Technology, and the Director of the Office of 

6 State and Local Government Coordination; 

7 ‘‘(C) the Secretary of Health and Human 

8 Services; 

9 ‘‘(D) other appropriate Federal agencies; 

10 ‘‘(E) State and local first responder agen11 cies and officials; and 

12 ‘‘(F) consensus-based standard making or13 ganizations responsible for setting standards 

14 relevant to the first responder community. 

15 ‘‘(2) DEADLINES.—The Secretary shall— 

16 ‘‘(A) establish essential capabilities under 

17 paragraph (1) within 30 days after receipt of 

18 the report under section 1804(b); and 

19 ‘‘(B) regularly update such essential capa20 bilities as necessary, but not less than every 3 

21 years. 

22 ‘‘(3) PROVISION OF ESSENTIAL CAPABILI23 TIES.—The Secretary shall ensure that a detailed 

24 description of the essential capabilities established 

25 under paragraph (1) is provided promptly to the 
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1 States and to Congress. The States shall make the 

2 essential capabilities available as necessary and ap3 propriate to local governments and operators of air4 ports, ports, and other similar facilities within their 

5 jurisdictions. 

6 ‘‘(b) OBJECTIVES.—The Secretary shall ensure that 

7 essential capabilities established under subsection (a)(1) 

8 meet the following objectives: 

9 ‘‘(1) SPECIFICITY.—The determination of es10 sential capabilities specifically shall describe the 

11 training, planning, personnel, and equipment that 

12 different types of communities in the Nation should 

13 possess, or to which they should have access, in 

14 order to meet the Department’s goals for terrorism 

15 preparedness based upon— 

16 ‘‘(A) the most current risk assessment 

17 available by the Directorate for Information 

18 Analysis and Infrastructure Protection of the 

19 threats of terrorism against the United States; 

20 ‘‘(B) the types of threats, vulnerabilities, 

21 geography, size, and other factors that the Sec22 retary has determined to be applicable to each 

23 different type of community; and 
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1 ‘‘(C) the principles of regional coordination 

2 and mutual aid among State and local govern3 ments. 

4 ‘‘(2) FLEXIBILITY.—The establishment of es5 sential capabilities shall be sufficiently flexible to 

6 allow State and local government officials to set pri7 orities based on particular needs, while reaching na8 tionally determined terrorism preparedness levels 

9 within a specified time period. 

10 ‘‘(3) MEASURABILITY.—The establishment of 

11 essential capabilities shall be designed to enable 

12 measurement of progress toward specific terrorism 

13 preparedness goals. 

14 ‘‘(4) COMPREHENSIVENESS.—The determina15 tion of essential capabilities for terrorism prepared16 ness shall be made within the context of a com17 prehensive State emergency management system. 

18 ‘‘(c) FACTORS TO BE CONSIDERED.— 

19 ‘‘(1) IN GENERAL.—In establishing essential ca20 pabilities under subsection (a)(1), the Secretary spe21 cifically shall consider the variables of threat, vulner22 ability, and consequences with respect to the Na23 tion’s population (including transient commuting 

24 and tourist populations) and critical infrastructure. 

25 Such consideration shall be based upon the most 
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1 current risk assessment available by the Directorate 

2 for Information Analysis and Infrastructure Protec3 tion of the threats of terrorism against the United 

4 States. 

5 ‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.— 

6 The Secretary specifically shall consider threats of 

7 terrorism against the following critical infrastructure 

8 sectors in all areas of the Nation, urban and rural: 

9 ‘‘(A) Agriculture. 

10 ‘‘(B) Banking and finance. 

11 ‘‘(C) Chemical industries. 

12 ‘‘(D) The defense industrial base. 

13 ‘‘(E) Emergency services. 

14 ‘‘(F) Energy. 

15 ‘‘(G) Food. 

16 ‘‘(H) Government. 

17 ‘‘(I) Postal and shipping. 

18 ‘‘(J) Public health. 

19 ‘‘(K) Information and telecommunications 

20 networks. 

21 ‘‘(L) Transportation. 

22 ‘‘(M) Water. 

23 The order in which the critical infrastructure sectors 

24 are listed in this paragraph shall not be construed 
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1 as an order of priority for consideration of the im2 portance of such sectors. 

3 ‘‘(3) TYPES OF THREAT.—The Secretary spe4 cifically shall consider the following types of threat 

5 to the critical infrastructure sectors described in 

6 paragraph (2), and to populations in all areas of the 

7 Nation, urban and rural: 

8 ‘‘(A) Biological threats. 

9 ‘‘(B) Nuclear threats. 

10 ‘‘(C) Radiological threats. 

11 ‘‘(D) Incendiary threats. 

12 ‘‘(E) Chemical threats. 

13 ‘‘(F) Explosives. 

14 ‘‘(G) Suicide bombers. 

15 ‘‘(H) Cyber threats. 

16 ‘‘(I) Any other threats based on proximity 

17 to specific past acts of terrorism or the known 

18 activity of any terrorist group. 

19 The order in which the types of threat are listed in 

20 this paragraph shall not be construed as an order of 

21 priority for consideration of the importance of such 

22 threats. 

23 ‘‘(4) CONSIDERATION OF ADDITIONAL FAC24 TORS.—In establishing essential capabilities under 

25 subsection (a)(1), the Secretary shall take into ac-
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1 count any other specific threat to a population (in2 cluding a transient commuting or tourist population) 

3 or critical infrastructure sector that the Secretary 

4 has determined to exist. 

5 ‘‘SEC. 1804. TASK FORCE ON ESSENTIAL CAPABILITIES. 

6 ‘‘(a) ESTABLISHMENT.—To assist the Secretary in 

7 establishing essential capabilities under section 

8 1803(a)(1), the Secretary shall establish an advisory body 

9 pursuant to section 871(a) not later than 60 days after 

10 the date of the enactment of this section, which shall be 

11 known as the Task Force on Essential Capabilities. 

12 ‘‘(b) REPORT.— 

13 ‘‘(1) IN GENERAL.—The Task Force shall sub14 mit to the Secretary, not later than 9 months after 

15 its establishment by the Secretary under subsection 

16 (a) and every 3 years thereafter, a report on its rec17 ommendations for essential capabilities for prepared18 ness for terrorism. 

19 ‘‘(2) CONTENTS.—The report shall— 

20 ‘‘(A) include a priority ranking of essential 

21 capabilities in order to provide guidance to the 

22 Secretary and to Congress on determining the 

23 appropriate allocation of, and funding levels for, 

24 first responder needs; 
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1 ‘‘(B) set forth a methodology by which any 

2 State or local government will be able to deter3 mine the extent to which it possesses or has ac4 cess to the essential capabilities that States and 

5 local governments having similar risks should 

6 obtain; 

7 ‘‘(C) describe the availability of national 

8 voluntary consensus standards, and whether 

9 there is a need for new national voluntary con10 sensus standards, with respect to first re11 sponder training and equipment; 

12 ‘‘(D) include such additional matters as 

13 the Secretary may specify in order to further 

14 the terrorism preparedness capabilities of first 

15 responders; and 

16 ‘‘(E) include such revisions to the contents 

17 of past reports as are necessary to take into ac18 count changes in the most current risk assess19 ment available by the Directorate for Informa20 tion Analysis and Infrastructure Protection or 

21 other relevant information as determined by the 

22 Secretary. 

23 ‘‘(3) CONSISTENCY WITH FEDERAL WORKING

24 GROUP.—The Task Force shall ensure that its rec25 ommendations for essential capabilities are, to the 
29 

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1 extent feasible, consistent with any preparedness 

2 goals or recommendations of the Federal working 

3 group established under section 319F(a) of the Pub4 lic Health Service Act (42 U.S.C. 247d–6(a)). 

5 ‘‘(4) COMPREHENSIVENESS.—The Task Force 

6 shall ensure that its recommendations regarding es7 sential capabilities for terrorism preparedness are 

8 made within the context of a comprehensive State 

9 emergency management system. 

10 ‘‘(5) PRIOR MEASURES.—The Task Force shall 

11 ensure that its recommendations regarding essential 

12 capabilities for terrorism preparedness take into ac13 count any capabilities that State or local officials 

14 have determined to be essential and have undertaken 

15 since September 11, 2001, to prevent or prepare for 

16 terrorist attacks. 

17 ‘‘(c) MEMBERSHIP.— 

18 ‘‘(1) IN GENERAL.—The Task Force shall con19 sist of 35 members appointed by the Secretary, and 

20 shall, to the extent practicable, represent a geo21 graphic and substantive cross section of govern22 mental and nongovernmental first responder dis23 ciplines from the State and local levels, including as 

24 appropriate— 
30 

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1 ‘‘(A) members selected from the emergency 

2 response field, including fire service and law en3 forcement, hazardous materials response, emer4 gency medical services, and emergency manage5 ment personnel (including public works per6 sonnel routinely engaged in emergency re7 sponse); 

8 ‘‘(B) health scientists, emergency and in9 patient medical providers, and public health 

10 professionals, including experts in emergency 

11 health care response to chemical, biological, ra12 diological, and nuclear terrorism, and experts in 

13 providing mental health care during emergency 

14 response operations; 

15 ‘‘(C) experts from Federal, State, and local 

16 governments, and the private sector, rep17 resenting standards-setting organizations, in18 cluding representation from the voluntary con19 sensus codes and standards development com20 munity, particularly those with expertise in first 

21 responder disciplines; and 

22 ‘‘(D) State and local officials with exper23 tise in terrorism preparedness, subject to the 

24 condition that if any such official is an elected 

25 official representing 1 of the 2 major political 
31 

•S 1013 IS

1 parties, an equal number of elected officials 

2 shall be selected from each such party. 

3 ‘‘(2) COORDINATION WITH THE DEPARTMENT

4 OF HEALTH AND HUMAN SERVICES.—In the selec5 tion of members of the Task Force who are health 

6 professionals, including emergency medical profes7 sionals, the Secretary shall coordinate the selection 

8 with the Secretary of Health and Human Services. 

9 ‘‘(3) EX OFFICIO MEMBERS.—The Secretary 

10 and the Secretary of Health and Human Services 

11 shall each designate 1 or more officers of their re12 spective Departments to serve as ex officio members 

13 of the Task Force. One of the ex officio members 

14 from the Department of Homeland Security shall be 

15 the designated officer of the Federal Government for 

16 purposes of subsection (e) of section 10 of the Fed17 eral Advisory Committee Act (5 App. U.S.C.). 

18 ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY COM19 MITTEE ACT.—Notwithstanding section 871(a), the Fed20 eral Advisory Committee Act (5 U.S.C. App.), including 

21 subsections (a), (b), and (d) of section 10 of such Act, 

22 and section 552b(c) of title 5, United States Code, shall 

23 apply to the Task Force. 
32 

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1 ‘‘SEC. 1805. NATIONAL STANDARDS FOR FIRST RESPONDER 

2 EQUIPMENT AND TRAINING. 

3 ‘‘(a) EQUIPMENT STANDARDS.— 

4 ‘‘(1) IN GENERAL.—The Secretary, in consulta5 tion with the Under Secretaries for Emergency Pre6 paredness and Response and Science and Tech7 nology and the Director of the Office of State and 

8 Local Government Coordination, shall, not later 

9 than 6 months after the date of enactment of this 

10 section, support the development of, promulgate, and 

11 update as necessary national voluntary consensus 

12 standards for the performance, use, and validation 

13 of first responder equipment for purposes of section 

14 1802(e)(7). Such standards— 

15 ‘‘(A) shall be, to the maximum extent prac16 ticable, consistent with any existing voluntary 

17 consensus standards; 

18 ‘‘(B) shall take into account, as appro19 priate, new types of terrorism threats that may 

20 not have been contemplated when such existing 

21 standards were developed; 

22 ‘‘(C) shall be focused on maximizing inter23 operability, interchangeability, durability, flexi24 bility, efficiency, efficacy, portability, sustain25 ability, and safety; and 
33 

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1 ‘‘(D) shall cover all appropriate uses of the 

2 equipment. 

3 ‘‘(2) REQUIRED CATEGORIES.—In carrying out 

4 paragraph (1), the Secretary shall specifically con5 sider the following categories of first responder 

6 equipment: 

7 ‘‘(A) Thermal imaging equipment. 

8 ‘‘(B) Radiation detection and analysis 

9 equipment. 

10 ‘‘(C) Biological detection and analysis 

11 equipment. 

12 ‘‘(D) Chemical detection and analysis 

13 equipment. 

14 ‘‘(E) Decontamination and sterilization 

15 equipment. 

16 ‘‘(F) Personal protective equipment, in17 cluding garments, boots, gloves, and hoods, and 

18 other protective clothing. 

19 ‘‘(G) Respiratory protection equipment. 

20 ‘‘(H) Interoperable communications, in21 cluding wireless and wireline voice, video, and 

22 data networks. 

23 ‘‘(I) Explosive mitigation devices and ex24 plosive detection and analysis equipment. 

25 ‘‘(J) Containment vessels. 
34 

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1 ‘‘(K) Contaminant-resistant vehicles. 

2 ‘‘(L) Such other equipment for which the 

3 Secretary determines that national voluntary 

4 consensus standards would be appropriate. 

5 ‘‘(b) TRAINING STANDARDS.— 

6 ‘‘(1) IN GENERAL.—The Secretary, in consulta7 tion with the Under Secretaries for Emergency Pre8 paredness and Response and Science and Tech9 nology and the Director of the Office of State and 

10 Local Government Coordination, shall support the 

11 development of, promulgate, and regularly update as 

12 necessary national voluntary consensus standards for 

13 first responder training carried out with amounts 

14 provided under covered grant programs, that will en15 able State and local government first responders to 

16 achieve optimal levels of terrorism preparedness as 

17 quickly as practicable. Such standards shall give pri18 ority to providing training to— 

19 ‘‘(A) enable first responders to prevent, 

20 prepare for, respond to, and mitigate terrorist 

21 threats, including threats from chemical, bio22 logical, nuclear, and radiological weapons and 

23 explosive devices capable of inflicting significant 

24 human casualties; and 
35 

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1 ‘‘(B) familiarize first responders with the 

2 proper use of equipment, including software, 

3 developed pursuant to the standards established 

4 under subsection (a). 

5 ‘‘(2) REQUIRED CATEGORIES.—In carrying out 

6 paragraph (1), the Secretary specifically shall in7 clude the following categories of first responder ac8 tivities: 

9 ‘‘(A) Regional planning. 

10 ‘‘(B) Joint exercises. 

11 ‘‘(C) Intelligence collection, analysis, and 

12 sharing. 

13 ‘‘(D) Emergency notification of affected 

14 populations. 

15 ‘‘(E) Detection of biological, nuclear, radi16 ological, and chemical weapons of mass destruc17 tion. 

18 ‘‘(F) Such other activities for which the 

19 Secretary determines that national voluntary 

20 consensus training standards would be appro21 priate. 

22 ‘‘(3) CONSISTENCY.—In carrying out this sub23 section, the Secretary shall ensure that such training 

24 standards are consistent with the principles of emer25 gency preparedness for all hazards. 
36 

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1 ‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA2 TIONS.—In establishing national voluntary consensus 

3 standards for first responder equipment and training 

4 under this section, the Secretary shall consult with rel5 evant public and private sector groups, including— 

6 ‘‘(1) the National Institute of Standards and 

7 Technology; 

8 ‘‘(2) the National Fire Protection Association; 

9 ‘‘(3) the National Association of County and 

10 City Health Officials; 

11 ‘‘(4) the Association of State and Territorial 

12 Health Officials; 

13 ‘‘(5) the American National Standards Insti14 tute; 

15 ‘‘(6) the National Institute of Justice; 

16 ‘‘(7) the Inter-Agency Board for Equipment 

17 Standardization and Interoperability; 

18 ‘‘(8) the National Public Health Performance 

19 Standards Program; 

20 ‘‘(9) the National Institute for Occupational 

21 Safety and Health; 

22 ‘‘(10) ASTM International; 

23 ‘‘(11) the International Safety Equipment Asso24 ciation; 
37 

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1 ‘‘(12) the Emergency Management Accredita2 tion Program; 

3 ‘‘(13) the National Domestic Preparedness Con4 sortium; and 

5 ‘‘(14) to the extent the Secretary considers ap6 propriate, other national voluntary consensus stand7 ards development organizations, other interested 

8 Federal, State, and local agencies, and other inter9 ested persons. 

10 ‘‘(d) COORDINATION WITH SECRETARY OF HHS.— 

11 In establishing any national voluntary consensus stand12 ards under this section for first responder equipment or 

13 training that involve or relate to health professionals, in14 cluding emergency medical professionals, the Secretary 

15 shall coordinate activities under this section with the Sec16 retary of Health and Human Services.’’. 

17 SEC. 4. EFFECTIVE ADMINISTRATION OF HOMELAND SECU18 RITY GRANTS. 

19 (a) USE OF GRANT FUNDS AND ACCOUNTABILITY.— 

20 The Homeland Security Act of 2002 (Public Law 107– 

21 296; 6 U.S.C. 361 et seq.), as amended by sections 2 and 

22 3, is amended by adding at the end the following: 
38 

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1 ‘‘SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY RE2 QUIREMENTS. 

3 ‘‘(a) IN GENERAL.—A covered grant may be used 

4 for— 

5 ‘‘(1) purchasing, upgrading, or maintaining 

6 equipment, including computer software, to enhance 

7 terrorism preparedness and response; 

8 ‘‘(2) exercises to strengthen terrorism prepared9 ness and response; 

10 ‘‘(3) training for prevention (including detec11 tion) of, preparedness for, or response to attacks in12 volving weapons of mass destruction, including train13 ing in the use of equipment and computer software; 

14 ‘‘(4) developing or updating response plans; 

15 ‘‘(5) establishing or enhancing mechanisms for 

16 sharing terrorism threat information; 

17 ‘‘(6) systems architecture and engineering, pro18 gram planning and management, strategy formula19 tion and strategic planning, life-cycle systems de20 sign, product and technology evaluation, and proto21 type development for terrorism preparedness and re22 sponse purposes; 

23 ‘‘(7) additional personnel costs resulting from— 

24 ‘‘(A) elevations in the threat alert level of 

25 the Homeland Security Advisory System by the 

26 Secretary, or a similar elevation in threat alert 
39 

•S 1013 IS

1 level issued by a State, region, or local govern2 ment with the approval of the Secretary; 

3 ‘‘(B) travel to and participation in exer4 cises and training in the use of equipment and 

5 on prevention activities; 

6 ‘‘(C) the temporary replacement of per7 sonnel during any period of travel to and par8 ticipation in exercises and training in the use of 

9 equipment and on prevention activities; and 

10 ‘‘(D) participation in information, inves11 tigative, and intelligence-sharing activities spe12 cifically related to terrorism prevention; 

13 ‘‘(8) the costs of equipment (including software) 

14 required to receive, transmit, handle, and store clas15 sified information; 

16 ‘‘(9) target hardening to reduce the vulner17 ability of high-value targets, as determined by the 

18 Secretary; 

19 ‘‘(10) protecting critical infrastructure against 

20 potential attack by the addition of barriers, fences, 

21 gates, and other such devices, except that the cost 

22 of such measures may not exceed the greater of— 

23 ‘‘(A) $1,000,000 per project; or 

24 ‘‘(B) such greater amount as may be ap25 proved by the Secretary, which may not exceed 
40 

•S 1013 IS

1 10 percent of the total amount of the covered 

2 grant; 

3 ‘‘(11) the costs of commercially available inter4 operable communications equipment (which, where 

5 applicable, is based on national, voluntary consensus 

6 standards) that the Secretary, in consultation with 

7 the Chairman of the Federal Communications Com8 mission, deems best suited to facilitate interoper9 ability, coordination, and integration between and 

10 among emergency communications systems, and that 

11 complies with prevailing grant guidance of the De12 partment for interoperable communications; 

13 ‘‘(12) educational curricula development for 

14 first responders to ensure that they are prepared for 

15 terrorist attacks; 

16 ‘‘(13) training and exercises to assist public ele17 mentary and secondary schools in developing and 

18 implementing programs to instruct students regard19 ing age-appropriate skills to prepare for and respond 

20 to an act of terrorism; 

21 ‘‘(14) paying of administrative expenses directly 

22 related to administration of the grant, except that 

23 such expenses may not exceed 3 percent of the 

24 amount of the grant; and 
41 

•S 1013 IS

1 ‘‘(15) other appropriate activities as determined 

2 by the Secretary. 

3 ‘‘(b) PROHIBITED USES.—Funds provided as a cov4 ered grant may not be used— 

5 ‘‘(1) to supplant State or local funds that have 

6 been obligated for a homeland security or other first 

7 responder-related project; 

8 ‘‘(2) to construct buildings or other physical fa9 cilities, except for— 

10 ‘‘(A) activities under section 611 of the 

11 Robert T. Stafford Disaster Relief and Emer12 gency Assistance Act (42 U.S.C. 5196); and 

13 ‘‘(B) upgrading facilities to protect 

14 against, test for, and treat the effects of biologi15 cal agents, which shall be included in the home16 land security plan approved by the Secretary 

17 under section 1802(c); 

18 ‘‘(3) to acquire land; or 

19 ‘‘(4) for any State or local government cost20 sharing contribution. 

21 ‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing in this 

22 section shall be construed to preclude State and local gov23 ernments from using covered grant funds in a manner 

24 that also enhances first responder preparedness for emer25 gencies and disasters unrelated to acts of terrorism, if 
42 

•S 1013 IS

1 such use assists such governments in achieving essential 

2 capabilities for terrorism preparedness established by the 

3 Secretary under section 1803. 

4 ‘‘(d) REIMBURSEMENT OF COSTS.—In addition to 

5 the activities described in subsection (a), a covered grant 

6 may be used to provide a reasonable stipend to paid-on7 call or volunteer first responders who are not otherwise 

8 compensated for travel to or participation in training cov9 ered by this section. Any such reimbursement shall not 

10 be considered compensation for purposes of rendering 

11 such a first responder an employee under the Fair Labor 

12 Standards Act of 1938 (29 U.S.C. 201 et seq.). 

13 ‘‘(e) ASSISTANCE REQUIREMENT.—The Secretary 

14 may not request that equipment paid for, wholly or in 

15 part, with funds provided as a covered grant be made 

16 available for responding to emergencies in surrounding 

17 States, regions, and localities, unless the Secretary under18 takes to pay the costs directly attributable to transporting 

19 and operating such equipment during such response. 

20 ‘‘(f) FLEXIBILITY IN UNSPENT HOMELAND SECU21 RITY GRANT FUNDS.—Upon request by the recipient of 

22 a covered grant, the Secretary may authorize the grantee 

23 to transfer all or part of funds provided as the covered 

24 grant from uses specified in the grant agreement to other 

25 uses authorized under this section, if the Secretary deter-
43 

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1 mines that such transfer is in the interests of homeland 

2 security. 

3 ‘‘(g) STATE, REGIONAL, AND TRIBAL RESPONSIBIL4 ITIES.— 

5 ‘‘(1) PASS-THROUGH.—The Secretary shall re6 quire a recipient of a covered grant that is a State 

7 to obligate or otherwise make available to local gov8 ernments, first responders, and other local groups, 

9 to the extent required under the State homeland se10 curity plan or plans specified in the application for 

11 the grant, not less than 80 percent of the grant 

12 funds, resources purchased with the grant funds 

13 having a value equal to at least 80 percent of the 

14 amount of the grant, or a combination thereof, by 

15 not later than the end of the 45-day period begin16 ning on the date the grant recipient receives the 

17 grant funds. 

18 ‘‘(2) CERTIFICATIONS REGARDING DISTRIBU19 TION OF GRANT FUNDS TO LOCAL GOVERNMENTS.— 

20 Any State that receives a covered grant shall certify 

21 to the Secretary, by not later than 30 days after the 

22 expiration of the period described in paragraph (1) 

23 with respect to the grant, that the State has made 

24 available for expenditure by local governments, first 
44 

•S 1013 IS

1 responders, and other local groups the required 

2 amount of grant funds pursuant to paragraph (1). 

3 ‘‘(3) QUARTERLY REPORT ON HOMELAND SECU4 RITY SPENDING.—Each recipient of a covered grant 

5 shall submit a quarterly report to the Secretary not 

6 later than 30 days after the end of each fiscal quar7 ter. Each such report shall include, for each recipi8 ent of a covered grant or a pass-through under para9 graph (1)— 

10 ‘‘(A) the amount obligated to that recipient 

11 in that quarter; 

12 ‘‘(B) the amount expended by that recipi13 ent in that quarter; and 

14 ‘‘(C) a summary description of the items 

15 purchased by such recipient with such amount. 

16 ‘‘(4) ANNUAL REPORT ON HOMELAND SECU17 RITY SPENDING.—Each recipient of a covered grant 

18 shall submit an annual report to the Secretary not 

19 later than 60 days after the end of each fiscal year. 

20 Each recipient of a covered grant that is a region 

21 shall simultaneously submit its report to each State 

22 of which any part is included in the region. Each re23 cipient of a covered grant that is a directly eligible 

24 tribe shall simultaneously submit its report to each 

25 State within the boundaries of which any part of 
45 

•S 1013 IS

1 such tribe is located. Each report shall include the 

2 following: 

3 ‘‘(A) The amount, ultimate recipients, and 

4 dates of receipt of all funds received under the 

5 grant during the previous fiscal year. 

6 ‘‘(B) The amount and the dates of dis7 bursements of all such funds expended in com8 pliance with paragraph (1) or pursuant to mu9 tual aid agreements or other sharing arrange10 ments that apply within the State, region, or di11 rectly eligible tribe, as applicable, during the 

12 previous fiscal year. 

13 ‘‘(C) How the funds were utilized by each 

14 ultimate recipient or beneficiary during the pre15 ceding fiscal year. 

16 ‘‘(D) The extent to which essential capa17 bilities identified in the applicable State home18 land security plan or plans were achieved, main19 tained, or enhanced as the result of the expend20 iture of grant funds during the preceding fiscal 

21 year. 

22 ‘‘(E) The extent to which essential capa23 bilities identified in the applicable State home24 land security plan or plans remain unmet. 
46 

•S 1013 IS

1 ‘‘(5) INCLUSION OF RESTRICTED ANNEXES.—A 

2 recipient of a covered grant may submit to the Sec3 retary an annex to the annual report under para4 graph (4) that is subject to appropriate handling re5 strictions, if the recipient believes that discussion in 

6 the report of unmet needs would reveal sensitive but 

7 unclassified information. 

8 ‘‘(6) PROVISION OF REPORTS.—The Secretary 

9 shall ensure that each annual report under para10 graph (4) is provided to the Under Secretary for 

11 Emergency Preparedness and Response and the Di12 rector of the Office of State and Local Government 

13 Coordination. 

14 ‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRATION

15 OF HOMELAND SECURITY GRANTS.— 

16 ‘‘(1) PENALTIES FOR DELAY IN PASSING

17 THROUGH LOCAL SHARE.—If a recipient of a cov18 ered grant that is a State fails to pass through to 

19 local governments, first responders, and other local 

20 groups funds or resources required by subsection 

21 (g)(1) within 45 days after receiving funds under 

22 the grant, the Secretary may— 

23 ‘‘(A) reduce grant payments to the grant 

24 recipient from the portion of grant funds that 
47 

•S 1013 IS

1 is not required to be passed through under sub2 section (g)(1); 

3 ‘‘(B) terminate payment of funds under 

4 the grant to the recipient, and transfer the ap5 propriate portion of those funds directly to local 

6 first responders that were intended to receive 

7 funding under that grant; or 

8 ‘‘(C) impose additional restrictions or bur9 dens on the recipient’s use of funds under the 

10 grant, which may include— 

11 ‘‘(i) prohibiting use of such funds to 

12 pay the grant recipient’s grant-related 

13 overtime or other expenses; 

14 ‘‘(ii) requiring the grant recipient to 

15 distribute to local government beneficiaries 

16 all or a portion of grant funds that are not 

17 required to be passed through under sub18 section (g)(1); or 

19 ‘‘(iii) for each day that the grant re20 cipient fails to pass through funds or re21 sources in accordance with subsection 

22 (g)(1), reducing grant payments to the 

23 grant recipient from the portion of grant 

24 funds that is not required to be passed 

25 through under subsection (g)(1), except 
48 

•S 1013 IS

1 that the total amount of such reduction 

2 may not exceed 20 percent of the total 

3 amount of the grant. 

4 ‘‘(2) EXTENSION OF PERIOD.—The Governor of 

5 a State may request in writing that the Secretary 

6 extend the 45-day period under section 

7 1802(e)(5)(E) or paragraph (1) for an additional 

8 15-day period. The Secretary may approve such a 

9 request, and may extend such period for additional 

10 15-day periods, if the Secretary determines that the 

11 resulting delay in providing grant funding to the 

12 local government entities that will receive funding 

13 under the grant will not have a significant detri14 mental impact on such entities’ terrorism prepared15 ness efforts. 

16 ‘‘(3) PROVISION OF NON-LOCAL SHARE TO

17 LOCAL GOVERNMENT.— 

18 ‘‘(A) IN GENERAL.—The Secretary may 

19 upon request by a local government pay to the 

20 local government a portion of the amount of a 

21 covered grant awarded to a State in which the 

22 local government is located, if— 

23 ‘‘(i) the local government will use the 

24 amount paid to expedite planned enhance25 ments to its terrorism preparedness as de-
49 

•S 1013 IS

1 scribed in any applicable State homeland 

2 security plan or plans; 

3 ‘‘(ii) the State has failed to pass 

4 through funds or resources in accordance 

5 with subsection (g)(1); and 

6 ‘‘(iii) the local government complies 

7 with subparagraph (B). 

8 ‘‘(B) SHOWING REQUIRED.—To receive a 

9 payment under this paragraph, a local govern10 ment must demonstrate that— 

11 ‘‘(i) it is identified explicitly as an ul12 timate recipient or intended beneficiary in 

13 the approved grant application; 

14 ‘‘(ii) it was intended by the grantee to 

15 receive a severable portion of the overall 

16 grant for a specific purpose that is identi17 fied in the grant application; 

18 ‘‘(iii) it petitioned the grantee for the 

19 funds or resources after expiration of the 

20 period within which the funds or resources 

21 were required to be passed through under 

22 subsection (g)(1); and 

23 ‘‘(iv) it did not receive the portion of 

24 the overall grant that was earmarked or 

25 designated for its use or benefit. 
50 

•S 1013 IS

1 ‘‘(C) EFFECT OF PAYMENT.—Payment of 

2 grant funds to a local government under this 

3 paragraph— 

4 ‘‘(i) shall not affect any payment to 

5 another local government under this para6 graph; and 

7 ‘‘(ii) shall not prejudice consideration 

8 of a request for payment under this para9 graph that is submitted by another local 

10 government. 

11 ‘‘(D) DEADLINE FOR ACTION BY SEC12 RETARY.—The Secretary shall approve or dis13 approve each request for payment under this 

14 paragraph by not later than 15 days after the 

15 date the request is received by the Department. 

16 ‘‘(i) REPORTS TO CONGRESS.—The Secretary shall 

17 submit an annual report to Congress by December 31 of 

18 each year— 

19 ‘‘(1) describing in detail the amount of Federal 

20 funds provided as covered grants that were directed 

21 to each State, region, and directly eligible tribe in 

22 the preceding fiscal year; 

23 ‘‘(2) containing information on the use of such 

24 grant funds by grantees; and 

25 ‘‘(3) describing— 
51 

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1 ‘‘(A) the Nation’s progress in achieving, 

2 maintaining, and enhancing the essential capa3 bilities established under section 1803(a) as a 

4 result of the expenditure of covered grant funds 

5 during the preceding fiscal year; and 

6 ‘‘(B) an estimate of the amount of expend7 itures required to attain across the United 

8 States the essential capabilities established 

9 under section 1803(a).’’. 

10 (b) SENSE OF CONGRESS REGARDING INTEROPER11 ABLE COMMUNICATIONS.— 

12 (1) FINDING.—Congress finds that— 

13 (A) many emergency response providers 

14 (as defined under section 2 of the Homeland 

15 Security Act of 2002 (6 U.S.C. 101), as amend16 ed by this Act) working in the same jurisdiction 

17 or in different jurisdictions cannot effectively 

18 and efficiently communicate with one another; 

19 and 

20 (B) their inability to do so threatens the 

21 public’s safety and may result in unnecessary 

22 loss of lives and property. 

23 (2) SENSE OF CONGRESS.—It is the sense of 

24 Congress that interoperable emergency communica25 tions systems and radios should continue to be de-
52 

•S 1013 IS

1 ployed as soon as practicable for use by the emer2 gency response provider community, and that up3 graded and new digital communications systems and 

4 new digital radios must meet prevailing national vol5 untary consensus standards for interoperability. 

6 (c) SENSE OF CONGRESS REGARDING CITIZEN

7 CORPS COUNCILS.— 

8 (1) FINDING.—Congress finds that Citizen 

9 Corps councils help to enhance local citizen partici10 pation in terrorism preparedness by coordinating 

11 multiple Citizen Corps programs, developing commu12 nity action plans, assessing possible threats, and 

13 identifying local resources. 

14 (2) SENSE OF CONGRESS.—It is the sense of 

15 Congress that individual Citizen Corps councils 

16 should seek to enhance the preparedness and re17 sponse capabilities of all organizations participating 

18 in the councils, including by providing funding to as 

19 many of their participating organizations as prac20 ticable to promote local terrorism preparedness pro21 grams. 

22 (d) REQUIRED COORDINATION.—The Secretary of 

23 Homeland Security shall ensure that there is effective and 

24 ongoing coordination of Federal efforts to prevent, prepare 

25 for, and respond to acts of terrorism and other major dis-
53 

•S 1013 IS

1 asters and emergencies among the divisions of the Depart2 ment of Homeland Security, including the Directorate of 

3 Emergency Preparedness and Response and the Office for 

4 State and Local Government Coordination and Prepared5 ness. 

6 (e) COORDINATION OF INDUSTRY EFFORTS.—Sec7 tion 102(f) of the Homeland Security Act of 2002 (Public 

8 Law 107–296; 6 U.S.C. 112(f)) is amended by striking 

9 ‘‘and’’ after the semicolon at the end of paragraph (6), 

10 by striking the period at the end of paragraph (7) and 

11 inserting ‘‘; and’’, and by adding at the end the following: 

12 ‘‘(8) coordinating industry efforts, with respect 

13 to functions of the Department of Homeland Secu14 rity, to identify private sector resources and capabili15 ties that could be effective in supplementing Federal, 

16 State, and local government agency efforts to pre17 vent or respond to a terrorist attack.’’. 

18 (f) STUDY REGARDING NATIONWIDE EMERGENCY

19 NOTIFICATION SYSTEM.— 

20 (1) STUDY.—The Secretary of Homeland Secu21 rity, in consultation with the heads of other appro22 priate Federal agencies and representatives of pro23 viders and participants in the telecommunications 

24 industry, shall conduct a study to determine whether 

25 it is cost effective, efficient, and feasible to establish 
54 

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1 and implement an emergency telephonic alert notifi2 cation system that will— 

3 (A) alert persons in the United States of 

4 imminent or current hazardous events caused 

5 by acts of terrorism; and 

6 (B) provide information to individuals re7 garding appropriate measures that may be un8 dertaken to alleviate or minimize threats to 

9 their safety and welfare posed by such events. 

10 (2) TECHNOLOGIES TO CONSIDER.—In con11 ducting the study under paragraph (1), the Sec12 retary shall consider the use of the telephone, wire13 less communications, and other existing communica14 tions networks to provide such notification. 

15 (3) REPORT.—Not later than 9 months after 

16 the date of enactment of this Act, the Secretary 

17 shall submit to Congress a report regarding the con18 clusions of the study conducted under paragraph 

19 (1). 

20 (g) STUDY OF EXPANSION OF AREA OF JURISDIC21 TION OF OFFICE OF NATIONAL CAPITAL REGION COORDI22 NATION.— 

23 (1) STUDY.—The Secretary of Homeland Secu24 rity, acting through the Director of the Office of Na25 tional Capital Region Coordination, shall conduct a 
55 

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1 study of the feasibility and desirability of modifying 

2 the definition of ‘‘National Capital Region’’ applica3 ble under section 882 of the Homeland Security Act 

4 of 2002 to expand the geographic area under the ju5 risdiction of the Office of National Capital Region 

6 Coordination. 

7 (2) FACTORS.—In conducting the study under 

8 paragraph (1), the Secretary shall analyze whether 

9 expanding the geographic area under the jurisdiction 

10 of the Office of National Region Coordination will— 

11 (A) promote coordination among State and 

12 local governments within the Region, including 

13 regional governing bodies, and coordination of 

14 the efforts of first responders; and 

15 (B) enhance the ability of such State and 

16 local governments and the Federal Government 

17 to prevent and respond to a terrorist attack 

18 within the Region. 

19 (3) REPORT.—Not later than 6 months after 

20 the date of the enactment of this Act, the Secretary 

21 shall submit a report to Congress on the study con22 ducted under paragraph (1), and shall include in the 

23 report such recommendations (including rec24 ommendations for legislation to amend section 882 
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1 of the Homeland Security Act of 2002) as the Sec2 retary considers appropriate. 

3 SEC. 5. IMPLEMENTATION; DEFINITIONS; TABLE OF CON4 TENTS. 

5 (a) TECHNICAL AND CONFORMING AMENDMENT.— 

6 Section 1014 of the USA PATRIOT ACT (42 U.S.C. 

7 3714) is amended— 

8 (1) by striking subsection (c)(3); 

9 (2) by redesignating subsection (c) as sub10 section (d); and 

11 (3) by inserting after subsection (b) the fol12 lowing: 

13 ‘‘(c) ADMINISTRATION.—Grants under this section 

14 shall be administered in accordance with title 18 of the 

15 Homeland Security Act of 2002.’’. 

16 (b) TEMPORARY LIMITATIONS ON APPLICATION.— 

17 (1) 1-YEAR DELAY IN APPLICATION.—The fol18 lowing provisions of title XVIII of the Homeland Se19 curity Act of 2002, as added by this Act, shall not 

20 apply during the 1-year period beginning on the date 

21 of enactment of this Act— 

22 (A) Subsections (b), (c), and (e)(4) (A) 

23 and (B) of section 1802; and 

24 (B) In section 1802(f)(3)(A)(i), the phrase 

25 ‘‘by achieving, maintaining, or enhancing the 
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1 essential capabilities of the applicants on a na2 tionwide basis,’’. 

3 (2) 2-YEAR DELAY IN APPLICATION.—The fol4 lowing provisions of title XVIII of the Homeland Se5 curity Act of 2002, as added by this Act, shall not 

6 apply during the 2-year period beginning on the date 

7 of enactment of this Act— 

8 (A) Subparagraphs (D) and (E) of section 

9 1806(g)(4); and 

10 (B) Section 1806(i)(3). 

11 (c) DEFINITIONS.— 

12 (1) TITLE XVIII.—The Homeland Security Act 

13 of 2002 (Public Law 107–296; 6 U.S.C. 361 et 

14 seq.), as amended by sections 2, 3, and 4, is amend15 ed by adding at the end the following: 

16 ‘‘SEC. 1807. DEFINITIONS. 

17 ‘‘In this title: 

18 ‘‘(1) BOARD.—The term ‘Board’ means the 

19 Homeland Security Grants Board established under 

20 section 1802(f). 

21 ‘‘(2) CONSEQUENCE.—The term ‘consequence’ 

22 means the assessment of the effect of a completed 

23 attack. 
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1 ‘‘(3) COVERED GRANT.—The term ‘covered 

2 grant’ means any grant to which this title applies 

3 under section 1801(b). 

4 ‘‘(4) DIRECTLY ELIGIBLE TRIBE.—The term 

5 ‘directly eligible tribe’ means any Indian tribe or 

6 consortium of Indian tribes that— 

7 ‘‘(A) meets the criteria for inclusion in the 

8 qualified applicant pool for self-governance that 

9 are set forth in section 402(c) of the Indian 

10 Self-Determination and Education Assistance 

11 Act (25 U.S.C. 458bb(c)); 

12 ‘‘(B) employs at least 10 full-time per13 sonnel in a law enforcement or emergency re14 sponse agency with the capacity to respond to 

15 calls for law enforcement or emergency services; 

16 and 

17 ‘‘(C)(i) is located on, or within 5 miles of, 

18 an international border or waterway; 

19 ‘‘(ii) is located within 5 miles of a facility 

20 designated as high-risk critical infrastructure 

21 by the Secretary; 

22 ‘‘(iii) is located within or contiguous to 1 

23 of the 50 largest metropolitan statistical areas 

24 in the United States; or 
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1 ‘‘(iv) has more than 1,000 square miles of 

2 Indian country, as that term is defined in sec3 tion 1151 of title 18, United States Code. 

4 ‘‘(5) ELEVATIONS IN THE THREAT ALERT

5 LEVEL.—The term ‘elevations in the threat alert 

6 level’ means any designation (including those that 

7 are less than national in scope) that raises the 

8 homeland security threat level to either the highest 

9 or second-highest threat level under the Homeland 

10 Security Advisory System referred to in section 

11 201(d)(7). 

12 ‘‘(6) EMERGENCY PREPAREDNESS.—The term 

13 ‘emergency preparedness’ shall have the same mean14 ing that term has under section 602 of the Robert 

15 T. Stafford Disaster Relief and Emergency Assist16 ance Act (42 U.S.C. 5195a). 

17 ‘‘(7) ESSENTIAL CAPABILITIES.—The term ‘es18 sential capabilities’ means the levels, availability, 

19 and competence of emergency personnel, planning, 

20 training, and equipment across a variety of dis21 ciplines needed to effectively and efficiently prevent, 

22 prepare for, and respond to acts of terrorism con23 sistent with established practices. 
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1 ‘‘(8) FIRST RESPONDER.—The term ‘first re2 sponder’ shall have the same meaning as the term 

3 ‘emergency response provider’ under section 2. 

4 ‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’ 

5 means any Indian tribe, band, nation, or other orga6 nized group or community, including any Alaskan 

7 Native village or regional or village corporation as 

8 defined in or established pursuant to the Alaskan 

9 Native Claims Settlement Act (43 U.S.C. 1601 et 

10 seq.), which is recognized as eligible for the special 

11 programs and services provided by the United States 

12 to Indians because of their status as Indians. 

13 ‘‘(10) REGION.—The term ‘region’ means any 

14 geographic area— 

15 ‘‘(A) certified by the Secretary under sec16 tion 1802(a)(3); 

17 ‘‘(B) consisting of all or parts of 2 or more 

18 counties, municipalities, or other local govern19 ments and including a city with a core popu20 lation exceeding 500,000 according to the most 

21 recent estimate available from the United 

22 States Census; and 

23 ‘‘(C) that, for purposes of an application 

24 for a covered grant— 
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1 ‘‘(i) is represented by 1 or more local 

2 governments or governmental agencies 

3 within such geographic area; and 

4 ‘‘(ii) is established by law or by agree5 ment of 2 or more such local governments 

6 or governmental agencies, such as through 

7 a mutual aid agreement. 

8 ‘‘(11) RISK-BASED FUNDING.—The term ‘risk9 based funding’ means the allocation of funds based 

10 on an assessment of threat, vulnerability, and con11 sequence. 

12 ‘‘(12) TASK FORCE.—The term ‘Task Force’ 

13 means the Task Force on Essential Capabilities es14 tablished under section 1804. 

15 ‘‘(13) THREAT.—The term ‘threat’ means the 

16 assessment of the plans, intentions, and capability of 

17 an adversary to implement an identified attack sce18 nario. 

19 ‘‘(14) VULNERABILITY.—The term ‘vulner20 ability’ means the degree to which a facility is avail21 able or accessible to an attack, including the degree 

22 to which the facility is inherently secure or has been 

23 hardened against such an attack.’’. 

24 (2) DEFINITION OF EMERGENCY RESPONSE

25 PROVIDERS.—Paragraph (6) of section 2 of the 
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1 Homeland Security Act of 2002 (Public Law 107– 

2 296; 6 U.S.C. 101(6)) is amended by striking ‘‘in3 cludes’’ and all that follows and inserting ‘‘includes 

4 Federal, State, and local governmental and non5 governmental emergency public safety, law enforce6 ment, fire, emergency response, emergency medical 

7 (including hospital emergency facilities), and related 

8 personnel, organizations, agencies, and authorities.’’. 

9 (d) TABLE OF CONTENTS.—Section 1(b) of the 

10 Homeland Security Act of 2002 (Public Law 107–296; 6 

11 U.S.C. 101 note) is amended in the table of contents by 

12 adding at the end the following: 

‘‘TITLE XVIII—RISK-BASED FUNDING FOR HOMELAND SECURITY 

‘‘Sec. 1801. Risk-based funding for homeland security. 

‘‘Sec. 1802. Covered grant eligibility and criteria. 

‘‘Sec. 1803. Essential capabilities for homeland security. 

‘‘Sec. 1804. Task Force on Essential Capabilities. 

‘‘Sec. 1805. National standards for first responder equipment and training. 

‘‘Sec. 1806. Use of funds and accountability requirements. 

‘‘Sec. 1807. Definitions.’’. 

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