II 

110TH CONGRESS 

1ST SESSION S. 74 

To ensure adequate funding for high-threat areas, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To ensure adequate funding for high-threat areas, 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. 

4 This Act may be cited as the ‘‘High Risk Protection 

5 Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘critical infrastructure’’ has the 

9 meaning given the term in section 2 of the Home10 land Security Act of 2002 (6 U.S.C. 101); 


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1 (2) the term ‘‘Department’’ means the Depart2 ment of Homeland Security; 

3 (3) the term ‘‘high-threat area’’ means an area 

4 determined to be a high-threat area under section 

5 3(a)(1); 

6 (4) the term ‘‘Secretary’’ means the Secretary 

7 of Homeland Security; and 

8 (5) the term ‘‘Urban Area Security Initiative 

9 Grant Program’’ means the Urban Area Security 

10 Initiative Grant Program administered by the De11 partment from funds appropriated for discretionary 

12 grants to high-threat, high-density urban areas. 

13 SEC. 3. FUNDING FOR THE URBAN AREA SECURITY INITIA14 TIVE GRANT PROGRAM. 

15 (a) IN GENERAL.— 

16 (1) ALLOCATION BASED ON RISK ONLY.—Not17 withstanding any other provision of law, amounts 

18 appropriated to the Department for the Urban Area 

19 Security Initiative Grant Program shall be allocated 

20 based solely on risk (which shall include an evalua21 tion of threats, vulnerabilities, and consequences and 

22 consideration of any previous terrorist attacks), as 

23 determined by the Secretary based on the consider24 ations listed in subparagraphs (A) and (B) of para25 graph (2). 


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1 (2) DETERMINATION OF HIGH-THREAT

2 AREAS.—In determining which areas qualify as high3 threat areas for the Urban Area Security Initiative 

4 Grant Program, the Secretary shall consider— 

5 (A) whether the area— 

6 (i) contains critical infrastructure, in7 cluding— 

8 (I) skyscrapers and large com9 mercial buildings; 

10 (II) transportation assets, includ11 ing rail and mass transit, bridges and 

12 tunnels, and airports; 

13 (III) commuting populations; 

14 (IV) a national monument or 

15 icon; 

16 (V) a nuclear power plant or 

17 nonpower reactor; 

18 (VI) a seaport; 

19 (VII) a chemical facility; 

20 (VIII) a military facility; 

21 (IX) a Federal facility; 

22 (X) a dam; 

23 (XI) a nonnuclear electric power 

24 plant; 


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1 (XII) a food or agriculture cen2 ter; 

3 (XIII) an oil or natural gas refin4 ery or pipeline; 

5 (XIV) a financial center; and 

6 (XV) a stadium or arena; and 

7 (ii) is located on an international bor8 der or coastline, including the number of 

9 border crossings; and 

10 (B) the population, population density, law 

11 enforcement investigative and enforcement ac12 tivity, and tourism in the area. 

13 (3) DETERMINATION OF ALLOCATION.—In allo14 cating amounts among high-threat areas for the 

15 Urban Area Security Initiative Grant Program, the 

16 Secretary shall evaluate all threats (including 

17 threats to national monuments and icons) and crit18 ical infrastructure vulnerabilities located in high19 threat areas using the considerations listed in sub20 paragraphs (A) and (B) of paragraph (2). 

21 (b) PEER REVIEW.—The Urban Area Security Initia22 tive Grant Program shall not be subject to the peer review 

23 process of the Department. 

24 (c) USE OF FUNDS.—Notwithstanding any other pro25 vision of law, funds made available under the Urban Area 


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1 Security Initiative Grant Program may be used for over2 time and other employment costs directly relating to the 

3 prevention of terrorist activities and any other activity de4 termined to be necessary by the Secretary. 

5 (d) REPORTING REGARDING GRANTS.—Not later 

6 than 30 days before making a final allocation of grants 

7 to high-threat areas under the Urban Area Security Initia8 tive Program, the Secretary shall submit to each Member 

9 of the Senate and the House of Representatives who rep10 resents a high-threat area a report regarding the proposed 

11 allocation of funds, including a description of the analysis 

12 of critical infrastructure used in making the proposed allo13 cation. 

14 SEC. 4. REPORTING REGARDING DETERMINATION AND 

15 EVALUATION. 

16 The Secretary shall submit a report to the Committee 

17 on Homeland Security and Government Affairs and the 

18 Committee on Appropriations of the Senate and the Com19 mittee on Homeland Security and the Committee on Ap20 propriations of the House of Representatives regarding 

21 the determination of high-threat areas, evaluation of 

22 threats, vulnerabilities, and consequences, and consider23 ation of any previous terrorist attacks under section 3(a). 

Æ 


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