3139 
and 
private 
officials, 
covered 
grants awarded to such tribe. 
ø‘‘(E) LIMITATION
ON
THE
NUMBER 
OF
DIRECT
GRANTS.—The 
Secretary 
may make covered grants directly to 
not more than 20 directly eligible 
tribes per fiscal year. 
ø‘‘(F) TRIBES NOT RECEIVING DIRECT 
GRANTS.—An Indian tribe that does 
not receive a grant directly under 
this section is eligible to receive 
funds under a covered grant from the 
State or States within the boundaries 
of which any part of such tribe is lo-
cated, consistent with the homeland 
security plan of the State as de-
scribed in subsection (c). If a State 
fails 
to 
comply 
with 
section 
1806(g)(1), the tribe may request pay-
ment under section 1806(h)(3) in the 
same manner as a local government. 
ø‘‘(7) EQUIPMENT STANDARDS.—If an ap-
plicant for a covered grant proposes to 
upgrade or purchase, with assistance 
provided under the grant, new equip-
3140 
ment or systems that do not meet or ex-
ceed any applicable national voluntary 
consensus standards established by the 
Secretary under section 1807(a), the ap-
plicant shall include in the application an 
explanation of why such equipment or 
systems will serve the needs of the appli-
cant better than equipment or systems 
that meet or exceed such standards. 
ø‘‘(f) FIRST RESPONDER GRANTS BOARD.— 
ø‘‘(1) ESTABLISHMENT
OF
BOARD.—The 
Secretary shall establish a First Re-
sponder Grants Board, consisting of— 
ø‘‘(A) the Secretary; 
ø‘‘(B) the Under Secretary for 
Emergency 
Preparedness 
and 
Re-
sponse; 
ø‘‘(C) the Under Secretary for 
Border and Transportation Security; 
ø‘‘(D) the Under Secretary for In-
formation Analysis and Infrastruc-
ture Protection; 
ø‘‘(E) the Under Secretary for 
Science and Technology; and
3141 
ø‘‘(F) the Director of the Office for 
Domestic Preparedness. 
ø‘‘(2) CHAIRMAN.— 
ø‘‘(A) IN GENERAL.—The Secretary 
shall be the Chairman of the Board. 
ø‘‘(B) EXERCISE OF AUTHORITIES BY 
DEPUTY SECRETARY.—The Deputy Sec-
retary of Homeland Security may ex-
ercise the authorities of the Chair-
man, if the Secretary so directs. 
ø‘‘(3) 
RANKING
OF
GRANT
APPLICA-
TIONS.— 
ø‘‘(A) PRIORITIZATION OF GRANTS.— 
The Board— 
ø‘‘(i) shall evaluate and annu-
ally prioritize all pending applica-
tions for covered grants based 
upon the degree to which they 
would, by achieving, maintaining, 
or enhancing the essential capa-
bilities of the applicants on a na-
tionwide basis, lessen the threat 
to, 
vulnerability 
of, 
and 
con-
sequences for persons and critical 
infrastructure; and
3142 
ø‘‘(ii) in evaluating the threat 
to persons and critical infrastruc-
ture for purposes of prioritizing 
covered grants, shall give greater 
weight to threats of terrorism 
based on their specificity and 
credibility, including any pattern 
of repetition. 
ø‘‘(B) 
MINIMUM
AMOUNTS.—After 
evaluating and prioritizing grant ap-
plications under subparagraph (A), 
the Board shall ensure that, for each 
fiscal year— 
ø‘‘(i) each of the States, other 
than the Virgin Islands, American 
Samoa, Guam, and the Northern 
Mariana Islands, that has an ap-
proved State homeland security 
plan receives no less than 0.25 
percent of the funds available for 
covered grants for that fiscal year 
for purposes of implementing its 
homeland security plan in accord-
ance with the prioritization of 
needs under subsection (c)(1)(C);
3143 
ø‘‘(ii) each of the States, other 
than the Virgin Islands, American 
Samoa, Guam, and the Northern 
Mariana Islands, that has an ap-
proved State homeland security 
plan and that meets one or both 
of the additional high-risk quali-
fying 
criteria 
under 
subpara-
graph (C) receives no less than 
0.45 percent of the funds available 
for covered grants for that fiscal 
year 
for 
purposes 
of 
imple-
menting its homeland security 
plan 
in 
accordance 
with 
the 
prioritization of needs under sub-
section (c)(1)(C); 
ø‘‘(iii) 
the 
Virgin 
Islands, 
American Samoa, Guam, and the 
Northern Mariana Islands each 
receives no less than 0.08 percent 
of the funds available for covered 
grants for that fiscal year for pur-
poses of implementing its ap-
proved State homeland security 
plan 
in 
accordance 
with 
the
3144 
prioritization of needs under sub-
section (c)(1)(C); and 
ø‘‘(iv) directly eligible tribes 
collectively receive no less than 
0.08 percent of the funds available 
for covered grants for such fiscal 
year for purposes of addressing 
the needs identified in the appli-
cations of such tribes, consistent 
with the homeland security plan 
of each State within the bound-
aries of which any part of any 
such tribe is located, except that 
this clause shall not apply with 
respect to funds available for a 
fiscal year if the Secretary re-
ceives less than 5 applications for 
such fiscal year from such tribes 
under subsection (e)(6)(A) or does 
not approve at least one such ap-
plication. 
ø‘‘(C) ADDITIONAL HIGH-RISK QUALI-
FYING CRITERIA.—For purposes of sub-
paragraph (B)(ii), additional high-risk 
qualifying criteria consist of—
3145 
ø‘‘(i) 
having 
a 
significant 
international land border; or 
ø‘‘(ii) 
adjoining 
a 
body 
of 
water 
within 
North 
America 
through which an international 
boundary line extends. 
ø‘‘(4) EFFECT OF REGIONAL AWARDS ON 
STATE MINIMUM.—Any regional award, or 
portion thereof, provided to a State 
under subsection (e)(5)(C) shall not be 
considered in calculating the minimum 
State award under paragraph (3)(B) of 
this subsection. 
ø‘‘(5) FUNCTIONS
OF
UNDER
SECRE-
TARIES.—The Under Secretaries referred 
to in paragraph (1) shall seek to ensure 
that the relevant expertise and input of 
the staff of their directorates are avail-
able to and considered by the Board. 
ø‘‘SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY RE-
QUIREMENTS. 
ø‘‘(a) IN GENERAL.—A covered grant may 
be used for— 
ø‘‘(1) purchasing or upgrading equip-
ment, including computer software, to en-
3146 
hance terrorism preparedness and re-
sponse; 
ø‘‘(2) exercises to strengthen ter-
rorism preparedness and response; 
ø‘‘(3) training for prevention (includ-
ing detection) of, preparedness for, or re-
sponse to attacks involving weapons of 
mass destruction, including training in 
the use of equipment and computer soft-
ware; 
ø‘‘(4) developing or updating response 
plans; 
ø‘‘(5) establishing or enhancing mech-
anisms for sharing terrorism threat infor-
mation; 
ø‘‘(6) systems architecture and engi-
neering, program planning and manage-
ment, strategy formulation and strategic 
planning, life-cycle systems design, prod-
uct and technology evaluation, and proto-
type development for terrorism prepared-
ness and response purposes; 
ø‘‘(7) additional personnel costs re-
sulting from—
3147 
ø‘‘(A) elevations in the threat alert 
level of the Homeland Security Advi-
sory System by the Secretary, or a 
similar elevation in threat alert level 
issued by a State, region, or local gov-
ernment with the approval of the Sec-
retary; 
ø‘‘(B) travel to and participation 
in exercises and training in the use of 
equipment and on prevention activi-
ties; 
ø‘‘(C) the temporary replacement 
of personnel during any period of 
travel to and participation in exer-
cises and training in the use of equip-
ment and on prevention activities; 
and 
ø‘‘(D) personnel engaged exclu-
sively in counterterrorism and intel-
ligence activities notwithstanding the 
date such personnel were hired; 
ø‘‘(8) the costs of equipment (includ-
ing software) required to receive, trans-
mit, handle, and store classified informa-
tion;
3148 
ø‘‘(9) protecting critical infrastruc-
ture against potential attack by the addi-
tion of barriers, fences, gates, and other 
such devices, except that the cost of such 
measures may not exceed the greater of— 
ø‘‘(A) $1,000,000 per project; or 
ø‘‘(B) such greater amount as may 
be approved by the Secretary, which 
may not exceed 10 percent of the 
total amount of the covered grant; 
ø‘‘(10) the costs of commercially avail-
able 
interoperable 
communications 
equipment (which, where applicable, is 
based on national, voluntary consensus 
standards) that the Secretary, in con-
sultation with the Chairman of the Fed-
eral Communications Commission, deems 
best suited to facilitate interoperability, 
coordination, and integration between 
and among emergency communications 
systems, and that complies with pre-
vailing grant guidance of the Department 
for interoperable communications;
3149 
ø‘‘(11) educational curricula develop-
ment for first responders to ensure that 
they are prepared for terrorist attacks; 
ø‘‘(12) training and exercises to assist 
public elementary and secondary schools 
in developing and implementing pro-
grams to instruct students regarding age- 
appropriate skills to prepare for and re-
spond to an act of terrorism; 
ø‘‘(13) paying of administrative ex-
penses directly related to administration 
of the grant, except that such expenses 
may not exceed 3 percent of the amount 
of the grant; 
ø‘‘(14) reimbursement for overtime 
and other fixed costs incurred for home-
land security purposes after September 
11, 2001; and 
ø‘‘(15) other appropriate activities as 
determined by the Secretary. 
ø‘‘(b) PROHIBITED USES.—Funds provided 
as a covered grant may not be used— 
ø‘‘(1) to supplant State or local funds; 
ø‘‘(2) to construct buildings or other 
physical facilities;
3150 
ø‘‘(3) to acquire land; or 
ø‘‘(4) for any State or local govern-
ment cost sharing contribution. 
ø‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing 
in this section shall be construed to preclude 
State and local governments from using cov-
ered grant funds in a manner that also en-
hances first responder preparedness for 
emergencies and disasters unrelated to acts of 
terrorism, if such use assists such govern-
ments in achieving essential capabilities for 
terrorism preparedness established by the 
Secretary under section 1803. 
ø‘‘(d) REIMBURSEMENT OF COSTS.—In addi-
tion to the activities described in subsection 
(a), a covered grant may be used to provide 
a reasonable stipend to paid-on-call or volun-
teer first responders who are not otherwise 
compensated for travel to or participation in 
training covered by this section. Any such re-
imbursement shall not be considered com-
pensation for purposes of rendering such a 
first responder an employee under the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et 
seq.).
3151 
ø‘‘(e) ASSISTANCE REQUIREMENT.—The Sec-
retary may not request that equipment paid 
for, wholly or in part, with funds provided as 
a covered grant be made available for re-
sponding to emergencies in surrounding 
States, regions, and localities, unless the Sec-
retary undertakes to pay the costs directly at-
tributable to transporting and operating such 
equipment during such response. 
ø‘‘(f) FLEXIBILITY
IN UNSPENT HOMELAND 
SECURITY GRANT FUNDS.—Upon request by the 
recipient of a covered grant, the Secretary 
may authorize the grantee to transfer all or 
part of funds provided as the covered grant 
from uses specified in the grant agreement to 
other uses authorized under this section, if 
the Secretary determines that such transfer is 
in the interests of homeland security. 
ø‘‘(g) STATE, REGIONAL, AND TRIBAL RE-
SPONSIBILITIES.— 
ø‘‘(1) PASS-THROUGH.—The Secretary 
shall require a recipient of a covered 
grant that is a State to obligate or other-
wise make available to local govern-
ments, first responders, and other local
3152 
groups, to the extent required under the 
State homeland security plan or plans 
specified in the application for the grant, 
not less than 80 percent of the grant 
funds, resources purchased with the 
grant funds having a value equal to at 
least 80 percent of the amount of the 
grant, or a combination thereof, by not 
later than the end of the 45-day period 
beginning on the date the grant recipient 
receives the grant funds. 
ø‘‘(2) COST SHARING.— 
ø‘‘(A) IN
GENERAL.—The Federal 
share of the costs of an activity car-
ried out with a covered grant to a 
State, region, or directly eligible tribe 
awarded after the 2-year period be-
ginning on the date of the enactment 
of this section shall not exceed 75 
percent. 
ø‘‘(B) INTERIM RULE.—The Federal 
share of the costs of an activity car-
ried out with a covered grant award-
ed before the end of the 2-year period 
beginning on the date of the enact-
3153 
ment of this section shall be 100 per-
cent. 
ø‘‘(C) IN-KIND MATCHING.—Each re-
cipient of a covered grant may meet 
the matching requirement under sub-
paragraph (A) by making in-kind con-
tributions of goods or services that 
are directly linked with the purpose 
for which the grant is made, includ-
ing, but not limited to, any necessary 
personnel overtime, contractor serv-
ices, administrative costs, equipment 
fuel and maintenance, and rental 
space. 
ø‘‘(3) CERTIFICATIONS
REGARDING
DIS-
TRIBUTION OF GRANT FUNDS TO LOCAL GOV-
ERNMENTS.—Any State that receives a cov-
ered grant shall certify to the Secretary, 
by not later than 30 days after the expira-
tion of the period described in paragraph 
(1) with respect to the grant, that the 
State has made available for expenditure 
by local governments, first responders, 
and other local groups the required
3154 
amount of grant funds pursuant to para-
graph (1). 
ø‘‘(4) QUARTERLY REPORT ON HOMELAND 
SECURITY
SPENDING.—The Federal share 
described in paragraph (2)(A) may be in-
creased by up to 2 percent for any State, 
region, or directly eligible tribe that, not 
later than 30 days after the end of each 
fiscal quarter, submits to the Secretary a 
report on that fiscal quarter. Each such 
report must include, for each recipient of 
a covered grant or a pass-through under 
paragraph (1)— 
ø‘‘(A) the amount obligated to that 
recipient in that quarter; 
ø‘‘(B) the amount expended by 
that recipient in that quarter; and 
ø‘‘(C) a summary description of 
the items purchased by such recipi-
ent with such amount. 
ø‘‘(5) ANNUAL REPORT ON HOMELAND SE-
CURITY
SPENDING.—Each recipient of a 
covered grant shall submit an annual re-
port to the Secretary not later than 60 
days after the end of each fiscal year.
3155 
Each recipient of a covered grant that is 
a region must simultaneously submit its 
report to each State of which any part is 
included in the region. Each recipient of 
a covered grant that is a directly eligible 
tribe must simultaneously submit its re-
port to each State within the boundaries 
of which any part of such tribe is located. 
Each report must include the following: 
ø‘‘(A) The amount, ultimate recipi-
ents, and dates of receipt of all funds 
received under the grant during the 
previous fiscal year. 
ø‘‘(B) The amount and the dates of 
disbursements of all such funds ex-
pended in compliance with para-
graph (1) or pursuant to mutual aid 
agreements or other sharing arrange-
ments that apply within the State, re-
gion, or directly eligible tribe, as ap-
plicable, during the previous fiscal 
year. 
ø‘‘(C) How the funds were utilized 
by each ultimate recipient or bene-
3156 
ficiary during the preceding fiscal 
year. 
ø‘‘(D) The extent to which essen-
tial capabilities identified in the ap-
plicable State homeland security plan 
or plans were achieved, maintained, 
or enhanced as the result of the ex-
penditure of grant funds during the 
preceding fiscal year. 
ø‘‘(E) The extent to which essen-
tial capabilities identified in the ap-
plicable State homeland security plan 
or plans remain unmet. 
ø‘‘(6) INCLUSION
OF
RESTRICTED
AN-
NEXES.—A recipient of a covered grant 
may submit to the Secretary an annex to 
the annual report under paragraph (5) 
that is subject to appropriate handling 
restrictions, if the recipient believes that 
discussion in the report of unmet needs 
would reveal sensitive but unclassified 
information. 
ø‘‘(7) PROVISION OF REPORTS.—The Sec-
retary shall ensure that each annual re-
port under paragraph (5) is provided to
3157 
the Under Secretary for Emergency Pre-
paredness and Response and the Director 
of the Office for Domestic Preparedness. 
ø‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRA-
TION OF HOMELAND SECURITY GRANTS.— 
ø‘‘(1) PENALTIES FOR DELAY IN PASSING 
THROUGH LOCAL SHARE.—If a recipient of a 
covered grant that is a State fails to pass 
through to local governments, first re-
sponders, and other local groups funds or 
resources required by subsection (g)(1) 
within 45 days after receiving funds 
under the grant, the Secretary may— 
ø‘‘(A) reduce grant payments to 
the grant recipient from the portion 
of grant funds that is not required to 
be passed through under subsection 
(g)(1); 
ø‘‘(B) terminate payment of funds 
under the grant to the recipient, and 
transfer the appropriate portion of 
those funds directly to local first re-
sponders that were intended to re-
ceive funding under that grant; or
3158 
ø‘‘(C) impose additional restric-
tions or burdens on the recipient’s 
use of funds under the grant, which 
may include— 
ø‘‘(i) prohibiting use of such 
funds to pay the grant recipient’s 
grant-related overtime or other 
expenses; 
ø‘‘(ii) requiring the grant re-
cipient to distribute to local gov-
ernment beneficiaries all or a por-
tion of grant funds that are not 
required to be passed through 
under subsection (g)(1); or 
ø‘‘(iii) for each day that the 
grant 
recipient 
fails 
to 
pass 
through funds or resources in ac-
cordance with subsection (g)(1), 
reducing grant payments to the 
grant recipient from the portion 
of grant funds that is not re-
quired 
to 
be 
passed 
through 
under subsection (g)(1), except 
that the total amount of such re-
duction may not exceed 20 per-
3159 
cent of the total amount of the 
grant. 
ø‘‘(2) EXTENSION OF PERIOD.—The Gov-
ernor of a State may request in writing 
that the Secretary extend the 45-day pe-
riod under section 1805(e)(5)(E) or para-
graph (1) for an additional 15-day period. 
The Secretary may approve such a re-
quest, and may extend such period for 
additional 15-day periods, if the Sec-
retary determines that the resulting 
delay in providing grant funding to the 
local government entities that will re-
ceive funding under the grant will not 
have a significant detrimental impact on 
such entities’ terrorism preparedness ef-
forts. 
ø‘‘(3) PROVISION
OF
NON-LOCAL
SHARE 
TO LOCAL GOVERNMENT.— 
ø‘‘(A) IN GENERAL.—The Secretary 
may upon request by a local govern-
ment pay to the local government a 
portion of the amount of a covered 
grant awarded to a State in which the 
local government is located, if—
3160 
ø‘‘(i) the local government will 
use the amount paid to expedite 
planned enhancements to its ter-
rorism preparedness as described 
in any applicable State homeland 
security plan or plans; 
ø‘‘(ii) the State has failed to 
pass through funds or resources 
in accordance with subsection 
(g)(1); and 
ø‘‘(iii) the local government 
complies with subparagraphs (B) 
and (C). 
ø‘‘(B) SHOWING
REQUIRED.—To re-
ceive a payment under this para-
graph, a local government must dem-
onstrate that— 
ø‘‘(i) it is identified explicitly 
as an ultimate recipient or in-
tended beneficiary in the ap-
proved grant application; 
ø‘‘(ii) it was intended by the 
grantee to receive a severable 
portion of the overall grant for a
3161 
specific purpose that is identified 
in the grant application; 
ø‘‘(iii) it petitioned the grant-
ee for the funds or resources after 
expiration of the period within 
which the funds or resources 
were 
required 
to 
be 
passed 
through under subsection (g)(1); 
and 
ø‘‘(iv) it did not receive the 
portion of the overall grant that 
was earmarked or designated for 
its use or benefit. 
ø‘‘(C) EFFECT
OF
PAYMENT.—Pay-
ment of grant funds to a local govern-
ment under this paragraph— 
ø‘‘(i) shall not affect any pay-
ment to another local government 
under this paragraph; and 
ø‘‘(ii) shall not prejudice con-
sideration of a request for pay-
ment under this paragraph that is 
submitted by another local gov-
ernment.
3162 
ø‘‘(D) DEADLINE FOR ACTION BY SEC-
RETARY.—The Secretary shall approve 
or disapprove each request for pay-
ment under this paragraph by not 
later than 15 days after the date the 
request is received by the Depart-
ment. 
ø‘‘(i) REPORTS
TO
CONGRESS.—The Sec-
retary shall submit an annual report to the 
Congress by December 31 of each year— 
ø‘‘(1) describing in detail the amount 
of Federal funds provided as covered 
grants that were directed to each State, 
region, and directly eligible tribe in the 
preceding fiscal year; 
ø‘‘(2) containing information on the 
use of such grant funds by grantees; and 
ø‘‘(3) describing— 
ø‘‘(A) the Nation’s progress in 
achieving, maintaining, and enhanc-
ing the essential capabilities estab-
lished under section 1803(a) as a re-
sult of the expenditure of covered 
grant funds during the preceding fis-
cal year; and
3163 
ø‘‘(B) an estimate of the amount of 
expenditures 
required 
to 
attain 
across the United States the essential 
capabilities established under section 
1803(a). 
ø‘‘SEC. 
1807. 
NATIONAL 
STANDARDS 
FOR 
FIRST 
RE-
SPONDER EQUIPMENT AND TRAINING. 
ø‘‘(a) EQUIPMENT STANDARDS.— 
ø‘‘(1) IN GENERAL.—The Secretary, in 
consultation with the Under Secretaries 
for Emergency Preparedness and Re-
sponse and Science and Technology and 
the Director of the Office for Domestic 
Preparedness, shall, not later than 6 
months after the date of enactment of 
this section, support the development of, 
promulgate, and update as necessary na-
tional voluntary consensus standards for 
the performance, use, and validation of 
first responder equipment for purposes 
of section 1805(e)(7). Such standards— 
ø‘‘(A) shall be, to the maximum ex-
tent practicable, consistent with any 
existing voluntary consensus stand-
ards;
3164 
ø‘‘(B) shall take into account, as 
appropriate, new types of terrorism 
threats that may not have been con-
templated when such existing stand-
ards were developed; 
ø‘‘(C) shall be focused on maxi-
mizing interoperability, interchange-
ability, 
durability, 
flexibility, 
effi-
ciency, efficacy, portability, sustain-
ability, and safety; and 
ø‘‘(D) shall cover all appropriate 
uses of the equipment. 
ø‘‘(2) REQUIRED
CATEGORIES.—In car-
rying out paragraph (1), the Secretary 
shall specifically consider the following 
categories of first responder equipment: 
ø‘‘(A) 
Thermal 
imaging 
equip-
ment. 
ø‘‘(B) 
Radiation 
detection 
and 
analysis equipment. 
ø‘‘(C) 
Biological 
detection 
and 
analysis equipment. 
ø‘‘(D) 
Chemical 
detection 
and 
analysis equipment.
3165 
ø‘‘(E) Decontamination and steri-
lization equipment. 
ø‘‘(F) Personal protective equip-
ment, 
including 
garments, 
boots, 
gloves, and hoods and other protec-
tive clothing. 
ø‘‘(G) 
Respiratory 
protection 
equipment. 
ø‘‘(H) Interoperable communica-
tions, including wireless and wireline 
voice, video, and data networks. 
ø‘‘(I) Explosive mitigation devices 
and explosive detection and analysis 
equipment. 
ø‘‘(J) Containment vessels. 
ø‘‘(K) Contaminant-resistant vehi-
cles. 
ø‘‘(L) Such other equipment for 
which the Secretary determines that 
national voluntary consensus stand-
ards would be appropriate. 
ø‘‘(b) TRAINING STANDARDS.— 
ø‘‘(1) IN GENERAL.—The Secretary, in 
consultation with the Under Secretaries 
for Emergency Preparedness and Re-
3166 
sponse and Science and Technology and 
the Director of the Office for Domestic 
Preparedness, shall support the develop-
ment of, promulgate, and regularly up-
date as necessary national voluntary con-
sensus standards for first responder 
training carried out with amounts pro-
vided under covered grant programs, 
that will enable State and local govern-
ment first responders to achieve optimal 
levels 
of 
terrorism 
preparedness 
as 
quickly as practicable. Such standards 
shall give priority to providing training 
to— 
ø‘‘(A) enable first responders to 
prevent, prepare for, respond to, and 
mitigate terrorist threats, including 
threats from chemical, biological, nu-
clear, and radiological weapons and 
explosive devices capable of inflicting 
significant human casualties; and 
ø‘‘(B) familiarize first responders 
with the proper use of equipment, in-
cluding software, developed pursuant
3167 
to the standards established under 
subsection (a). 
ø‘‘(2) REQUIRED
CATEGORIES.—In car-
rying out paragraph (1), the Secretary 
specifically shall include the following 
categories of first responder activities: 
ø‘‘(A) Regional planning. 
ø‘‘(B) Joint exercises. 
ø‘‘(C) Intelligence collection, anal-
ysis, and sharing. 
ø‘‘(D) Emergency notification of 
affected populations. 
ø‘‘(E) Detection of biological, nu-
clear, 
radiological, 
and 
chemical 
weapons of mass destruction. 
ø‘‘(F) Such other activities for 
which the Secretary determines that 
national voluntary consensus train-
ing standards would be appropriate. 
ø‘‘(3) CONSISTENCY.—In carrying out 
this subsection, the Secretary shall en-
sure that such training standards are 
consistent with the principles of emer-
gency preparedness for all hazards.
3168 
ø‘‘(c) CONSULTATION WITH STANDARDS OR-
GANIZATIONS.—In establishing national vol-
untary consensus standards for first re-
sponder equipment and training under this 
section, the Secretary shall consult with rel-
evant public and private sector groups, in-
cluding— 
ø‘‘(1) the National Institute of Stand-
ards and Technology; 
ø‘‘(2) the National Fire Protection As-
sociation; 
ø‘‘(3) 
the 
National 
Association 
of 
County and City Health Officials; 
ø‘‘(4) the Association of State and Ter-
ritorial Health Officials; 
ø‘‘(5) the American National Stand-
ards Institute; 
ø‘‘(6) the National Institute of Justice; 
ø‘‘(7) 
the 
Inter-Agency 
Board 
for 
Equipment Standardization and Inter-
operability; 
ø‘‘(8) the National Public Health Per-
formance Standards Program; 
ø‘‘(9) the National Institute for Occu-
pational Safety and Health;
3169 
ø‘‘(10) ASTM International; 
ø‘‘(11) the International Safety Equip-
ment Association; 
ø‘‘(12) the Emergency Management 
Accreditation Program; and 
ø‘‘(13) to the extent the Secretary con-
siders appropriate, other national vol-
untary consensus standards development 
organizations, other interested Federal, 
State, and local agencies, and other inter-
ested persons. 
ø‘‘(d) COORDINATION WITH SECRETARY
OF 
HHS.—In establishing any national voluntary 
consensus standards under this section for 
first responder equipment or training that in-
volve or relate to health professionals, includ-
ing emergency medical professionals, the Sec-
retary shall coordinate activities under this 
section with the Secretary of Health and 
Human Services.’’. 
ø(b) DEFINITION OF EMERGENCY RESPONSE 
PROVIDERS.—Paragraph (6) of section 2 of the 
Homeland Security Act of 2002 (Public Law 
107–296; 6 U.S.C. 101(6)) is amended by strik-
ing ‘‘includes’’ and all that follows and insert-
3170 
ing ‘‘includes Federal, State, and local govern-
mental and nongovernmental emergency pub-
lic safety, law enforcement, fire, emergency 
response, emergency medical (including hos-
pital emergency facilities), and related per-
sonnel, organizations, agencies, and authori-
ties.’’. 
ø(c) TEMPORARY LIMITATIONS ON APPLICA-
TION.— 
ø(1) 1-YEAR
DELAY
IN
APPLICATION.— 
The following provisions of title XVIII of 
the Homeland Security Act of 2002, as 
amended by subsection (a), shall not 
apply during the 1-year period beginning 
on the date of the enactment of this Act: 
ø(A) 
Subsections 
(b), 
(c), 
and 
(e)(4)(A) and (B) of section 1805. 
ø(B) In section 1805(f)(3)(A), the 
phrase ‘‘, by enhancing the essential 
capabilities of the applicants,’’. 
ø(2) 2-YEAR
DELAY
IN
APPLICATION.— 
The following provisions of title XVIII of 
the Homeland Security Act of 2002, as 
amended by subsection (a), shall not
3171 
apply during the 2-year period beginning 
on the date of the enactment of this Act: 
ø(A) Subparagraphs (D) and (E) of 
section 1806(g)(5). 
ø(B) Section 1806(i)(3). 
øSEC. 5004. MODIFICATION OF HOMELAND SECURITY ADVI-
SORY SYSTEM. 
ø(a) IN GENERAL.—Subtitle A of title II of 
the Homeland Security Act of 2002 (Public 
Law 107–296; 6 U.S.C. 121 et seq.) is amended 
by adding at the end the following: 
ø‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 
ø‘‘(a) IN GENERAL.—The Secretary shall re-
vise the Homeland Security Advisory System 
referred to in section 201(d)(7) to require that 
any designation of a threat level or other 
warning shall be accompanied by a designa-
tion of the geographic regions or economic 
sectors to which the designation applies. 
ø‘‘(b) REPORTS.—The Secretary shall re-
port to the Congress annually by not later 
than December 31 each year regarding the ge-
ographic region-specific warnings and eco-
nomic sector-specific warnings issued during 
the preceding fiscal year under the Homeland
3172 
Security Advisory System referred to in sec-
tion 201(d)(7), and the bases for such warn-
ings. The report shall be submitted in unclas-
sified form and may, as necessary, include a 
classified annex.’’. 
ø(b) CLERICAL AMENDMENT.—The table of 
contents in section 1(b) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 101 et seq.) is amend-
ed by inserting after the item relating to sec-
tion 202 the following: 
ø‘‘203. Homeland Security Advisory System.’’. 
øSEC. 5005. COORDINATION OF INDUSTRY EFFORTS. 
øSection 102(f) of the Homeland Security 
Act of 2002 (Public Law 107–296; 6 U.S.C. 
112(f)) is amended by striking ‘‘and’’ after the 
semicolon at the end of paragraph (6), by 
striking the period at the end of paragraph (7) 
and inserting ‘‘; and’’, and by adding at the 
end the following: 
ø‘‘(8) coordinating industry efforts, 
with respect to functions of the Depart-
ment of Homeland Security, to identify 
private sector resources and capabilities 
that could be effective in supplementing 
Federal, State, and local government
3173 
agency efforts to prevent or respond to a 
terrorist attack.’’. 
øSEC. 5006. SUPERSEDED PROVISION. 
øThis subtitle supersedes section 1014 of 
Public Law 107–56. 
øSEC. 5007. SENSE OF CONGRESS REGARDING INTEROPER-
ABLE COMMUNICATIONS. 
ø(a) FINDING.—The Congress finds that— 
ø(1) many first responders working in 
the same jurisdiction or in different juris-
dictions cannot effectively and efficiently 
communicate with one another; and 
ø(2) their inability to do so threatens 
the public’s safety and may result in un-
necessary loss of lives and property. 
ø(b) SENSE OF CONGRESS.—It is the sense of 
the Congress that interoperable emergency 
communications systems and radios should 
continue to be deployed as soon as prac-
ticable for use by the first responder commu-
nity, and that upgraded and new digital com-
munications systems and new digital radios 
must meet prevailing national, voluntary con-
sensus standards for interoperability.
3174 
øSEC. 5008. SENSE OF CONGRESS REGARDING CITIZEN 
CORPS COUNCILS. 
ø(a) FINDING.—The Congress finds that 
Citizen Corps councils help to enhance local 
citizen participation in terrorism prepared-
ness by coordinating multiple Citizen Corps 
programs, 
developing 
community 
action 
plans, assessing possible threats, and identi-
fying local resources. 
ø(b) SENSE OF CONGRESS.—It is the sense of 
the Congress that individual Citizen Corps 
councils should seek to enhance the prepared-
ness and response capabilities of all organiza-
tions participating in the councils, including 
by providing funding to as many of their par-
ticipating organizations as practicable to pro-
mote local terrorism preparedness programs. 
øSEC. 5009. STUDY REGARDING NATIONWIDE EMERGENCY 
NOTIFICATION SYSTEM. 
ø(a) STUDY.—The Secretary of Homeland 
Security, in consultation with the heads of 
other appropriate Federal agencies and rep-
resentatives of providers and participants in 
the telecommunications industry, shall con-
duct a study to determine whether it is cost- 
effective, efficient, and feasible to establish
3175 
and implement an emergency telephonic alert 
notification system that will— 
ø(1) alert persons in the United States 
of imminent or current hazardous events 
caused by acts of terrorism; and 
ø(2) provide information to individ-
uals regarding appropriate measures that 
may be undertaken to alleviate or mini-
mize threats to their safety and welfare 
posed by such events. 
ø(b) TECHNOLOGIES TO CONSIDER.—In con-
ducting the study, the Secretary shall con-
sider the use of the telephone, wireless com-
munications, and other existing communica-
tions networks to provide such notification. 
ø(c) REPORT.—Not later than 9 months 
after the date of the enactment of this Act, the 
Secretary shall submit to the Congress a re-
port regarding the conclusions of the study. 
øSEC. 5010. REQUIRED COORDINATION. 
øThe Secretary of Homeland Security 
shall ensure that there is effective and ongo-
ing coordination of Federal efforts to prevent, 
prepare for, and respond to acts of terrorism 
and other major disasters and emergencies
3176 
among the divisions of the Department of 
Homeland Security, including the Directorate 
of Emergency Preparedness and Response 
and the Office for State and Local Govern-
ment Coordination and Preparedness. 
øSubtitle B—Government 
Reorganization Authority 
øSEC. 5021. AUTHORIZATION OF INTELLIGENCE COMMU-
NITY REORGANIZATION PLANS. 
ø(a) 
REORGANIZATION
PLANS.—Section 
903(a)(2) of title 5, United States Code, is 
amended to read as follows: 
ø‘‘(2) the abolition of all or a part of 
the functions of an agency;’’. 
ø(b) REPEAL OF LIMITATIONS.—Section 905 
of title 5, United States Code, is amended to 
read as follows: 
ø‘‘§ 905. Limitation on authority. 
ø‘‘The authority to submit reorganization 
plans under this chapter is limited to the fol-
lowing organizational units: 
ø‘‘(1) The Office of the National Intel-
ligence Director. 
ø‘‘(2) The Central Intelligence Agency. 
ø‘‘(3) The National Security Agency.
3177 
ø‘‘(4) The Defense Intelligence Agen-
cy. 
ø‘‘(5) The National Geospatial-Intel-
ligence Agency. 
ø‘‘(6) The National Reconnaissance 
Office. 
ø‘‘(7) Other offices within the Depart-
ment of Defense for the collection of spe-
cialized national intelligence through re-
connaissance programs. 
ø‘‘(8) The intelligence elements of the 
Army, the Navy, the Air Force, the Ma-
rine Corps, the Federal Bureau of Inves-
tigation, and the Department of Energy. 
ø‘‘(9) The Bureau of Intelligence and 
Research of the Department of State. 
ø‘‘(10) The Office of Intelligence Anal-
ysis of the Department of Treasury. 
ø‘‘(11) The elements of the Depart-
ment of Homeland Security concerned 
with the analysis of intelligence informa-
tion, including the Office of Intelligence 
of the Coast Guard. 
ø‘‘(12) Such other elements of any 
other department or agency as may be
3178 
designated by the President, or des-
ignated jointly by the National Intel-
ligence Director and the head of the de-
partment or agency concerned, as an ele-
ment of the intelligence community.’’. 
ø(c) 
REORGANIZATION
PLANS.—Section 
903(a) of title 5, United States Code, is amend-
ed— 
ø(1) in paragraph (5), by striking ‘‘or’’ 
after the semicolon; 
ø(2) in paragraph (6), by striking the 
period and inserting ‘‘; or’’; and 
ø(3) by inserting after paragraph (6) 
the following: 
ø‘‘(7) the creation of an agency.’’. 
ø(d) APPLICATION OF CHAPTER.—Chapter 9 
of title 5, United States Code, is amended by 
adding at the end the following: 
ø‘‘§ 913. Application of chapter 
ø‘‘This chapter shall apply to any reorga-
nization plan transmitted to Congress in ac-
cordance with section 903(b) on or after the 
date of enactment of this section.’’. 
ø(e) TECHNICAL AND CONFORMING AMEND-
MENTS.—
3179 
ø(1) TABLE OF SECTIONS.—The table of 
sections for chapter 9 of title 5, United 
States Code, is amended by adding after 
the item relating to section 912 the fol-
lowing: 
ø‘‘913. Application of chapter.’’. 
ø(2) REFERENCES.—Chapter 9 of title 5, 
United States Code, is amended— 
ø(A) in section 908(1), by striking 
‘‘on or before December 31, 1984’’; and 
ø(B) in section 910, by striking 
‘‘Government Operations’’ each place 
it appears and inserting ‘‘Government 
Reform’’. 
ø(3) DATE MODIFICATION.—Section 909 
of title 5, United States Code, is amended 
in the first sentence by striking ‘‘19’’ and 
inserting ‘‘20’’. 
øSEC. 5022. AUTHORITY TO ENTER INTO CONTRACTS AND 
ISSUE FEDERAL LOAN GUARANTEES. 
ø(a) FINDING.—Congress finds that there is 
a public interest in protecting high-risk non-
profit organizations from international ter-
rorist attacks that would disrupt the vital 
services such organizations provide to the 
people of the United States and threaten the
3180 
lives and well-being of United States citizens 
who operate, utilize, and live or work in prox-
imity to such organizations. 
ø(b) PURPOSES.—The purposes of this sec-
tion are to— 
ø(1) establish within the Department 
of Homeland Security a program to pro-
tect United States citizens at or near 
high-risk nonprofit organizations from 
international terrorist attacks through 
loan guarantees and Federal contracts 
for security enhancements and technical 
assistance; 
ø(2) establish a program within the 
Department of Homeland Security to pro-
vide grants to local governments to assist 
with incremental costs associated with 
law enforcement in areas in which there 
are a high concentration of high-risk 
nonprofit organizations vulnerable to 
international terrorist attacks; and 
ø(3) establish an Office of Community 
Relations and Civic Affairs within the De-
partment of Homeland Security to focus 
on security needs of high-risk nonprofit
3181 
organizations 
with 
respect 
to 
inter-
national terrorist threats. 
ø(c) AUTHORITY.—The Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.), as amended 
by this Act, is further amended by adding at 
the end the following: 
ø‘‘TITLE 
XIX—PROTECTION 
OF 
CITIZENS AT HIGH-RISK NON-
PROFIT ORGANIZATIONS 
ø‘‘SEC. 1901. DEFINITIONS. 
ø‘‘ In this title: 
ø‘‘(1) CONTRACT.—The term ‘contract’ 
means a contract between the Federal 
Government and a contractor selected 
from the list of certified contractors to 
perform security enhancements or pro-
vide technical assistance approved by the 
Secretary under this title. 
ø‘‘(2) FAVORABLE REPAYMENT TERMS.— 
The term ‘favorable repayment terms’ 
means the repayment terms of loans of-
fered to nonprofit organizations under 
this title that— 
ø‘‘(A) are determined by the Sec-
retary, in consultation with the Sec-
3182 
retary of the Treasury, to be favor-
able under current market condi-
tions; 
ø‘‘(B) have interest rates at least 1 
full percentage point below the mar-
ket rate; and 
ø‘‘(C) provide for repayment over 
a term not less than 25 years. 
ø‘‘(3) NONPROFIT
ORGANIZATION.—The 
term ‘nonprofit organization’ means an 
organization that— 
ø‘‘(A) is described under section 
501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from tax-
ation under section 501(a) of such 
Code; and 
ø‘‘(B) is designated by the Sec-
retary under section 1903(a). 
ø‘‘(4) SECURITY
ENHANCEMENTS.—The 
term ‘security enhancements’— 
ø‘‘(A) means the purchase and in-
stallation of security equipment in 
real property (including buildings 
and improvements), owned or leased 
by a nonprofit organization, specifi-
3183 
cally in response to the risk of attack 
at a nonprofit organization by an 
international terrorist organization; 
ø‘‘(B) includes software security 
measures; and 
ø‘‘(C) does not include enhance-
ments that would otherwise have 
been reasonably necessary due to 
nonterrorist threats. 
ø‘‘(5) 
TECHNICAL
ASSISTANCE.—The 
term ‘technical assistance’— 
ø‘‘(A) 
means 
guidance, 
assess-
ment, 
recommendations, 
and 
any 
other provision of information or ex-
pertise which assists nonprofit orga-
nizations in— 
ø‘‘(i) 
identifying 
security 
needs; 
ø‘‘(ii) purchasing and install-
ing security enhancements; 
ø‘‘(iii) training employees to 
use and maintain security en-
hancements; or
3184 
ø‘‘(iv) training employees to 
recognize and respond to inter-
national terrorist threats; and 
ø‘‘(B) does not include technical 
assistance that would otherwise have 
been reasonably necessary due to 
nonterrorist threats. 
ø‘‘SEC. 1902. AUTHORITY TO ENTER INTO CONTRACTS AND 
ISSUE FEDERAL LOAN GUARANTEES. 
ø‘‘(a) IN GENERAL.—The Secretary may— 
ø‘‘(1) enter into contracts with cer-
tified contractors for security enhance-
ments and technical assistance for non-
profit organizations; and 
ø‘‘(2) issue Federal loan guarantees to 
financial institutions in connection with 
loans made by such institutions to non-
profit organizations for security enhance-
ments and technical assistance. 
ø‘‘(b) LOANS.—The Secretary may guar-
antee loans under this title— 
ø‘‘(1) only to the extent provided for 
in advance by appropriations Acts; and 
ø‘‘(2) only to the extent such loans 
have favorable repayment terms.
3185 
ø‘‘SEC. 1903. ELIGIBILITY CRITERIA. 
ø‘‘(a) IN GENERAL.—The Secretary shall 
designate nonprofit organizations as high- 
risk nonprofit organizations eligible for con-
tracts or loans under this title based on the 
vulnerability of the specific site of the non-
profit organization to international terrorist 
attacks. 
ø‘‘(b) VULNERABILITY DETERMINATION.—In 
determining vulnerability to international 
terrorist attacks and eligibility for security 
enhancements or technical assistance under 
this title, the Secretary shall consider— 
ø‘‘(1) threats of international terrorist 
organizations (as designated by the State 
Department) against any group of United 
States citizens who operate or are the 
principal beneficiaries or users of the 
nonprofit organization; 
ø‘‘(2) prior attacks, within or outside 
the United States, by international ter-
rorist organizations against the nonprofit 
organization or entities associated with 
or similarly situated as the nonprofit or-
ganization;
3186 
ø‘‘(3) the symbolic value of the site as 
a highly recognized United States cul-
tural or historical institution that ren-
ders the site a possible target of inter-
national terrorism; 
ø‘‘(4) the role of the nonprofit organi-
zation in responding to international ter-
rorist attacks; and 
ø‘‘(5) any recommendations of the ap-
plicable State Homeland Security Author-
ity established under section 1906 or Fed-
eral, State, and local law enforcement au-
thorities. 
ø‘‘(c) DOCUMENTATION.—In order to be eli-
gible for security enhancements, technical as-
sistance or loan guarantees under this title, 
the nonprofit organization shall provide the 
Secretary with documentation that— 
ø‘‘(1) 
the 
nonprofit 
organization 
hosted a gathering of at least 100 or more 
persons at least once each month at the 
nonprofit organization site during the 
preceding 12 months; or
3187 
ø‘‘(2) the nonprofit organization pro-
vides services to at least 500 persons each 
year at the nonprofit organization site. 
ø‘‘(d) TECHNICAL
ASSISTANCE
ORGANIZA-
TIONS.—If 2 or more nonprofit organizations 
establish another nonprofit organization to 
provide technical assistance, that established 
organization shall be eligible to receive secu-
rity enhancements and technical assistance 
under this title based upon the collective risk 
of the nonprofit organizations it serves. 
ø‘‘SEC. 1904. USE OF LOAN GUARANTEES. 
ø‘‘Funds borrowed from lending institu-
tions, which are guaranteed by the Federal 
Government under this title, may be used for 
technical assistance and security enhance-
ments. 
ø‘‘SEC. 1905. NONPROFIT ORGANIZATION APPLICATIONS. 
ø‘‘(a) IN GENERAL.—A nonprofit organiza-
tion desiring assistance under this title shall 
submit a separate application for each spe-
cific site needing security enhancements or 
technical assistance. 
ø‘‘(b) CONTENT.—Each application shall in-
clude—
3188 
ø‘‘(1) a detailed request for security 
enhancements and technical assistance, 
from a list of approved enhancements 
and assistance issued by the Secretary 
under this title; 
ø‘‘(2) a description of the intended 
uses of funds to be borrowed under Fed-
eral loan guarantees; and 
ø‘‘(3) such other information as the 
Secretary shall require. 
ø‘‘(c) JOINT APPLICATION.—Two or more 
nonprofit organizations located on contig-
uous sites may submit a joint application. 
ø‘‘SEC. 1906. REVIEW BY STATE HOMELAND SECURITY AU-
THORITIES. 
ø‘‘(a) ESTABLISHMENT OF STATE HOMELAND 
SECURITY AUTHORITIES.—In accordance with 
regulations prescribed by the Secretary, each 
State may establish a State Homeland Secu-
rity Authority to carry out this title. 
ø‘‘(b) APPLICATIONS.— 
ø‘‘(1) SUBMISSION.—Applications shall 
be submitted to the applicable State 
Homeland Security Authority.
3189 
ø‘‘(2) EVALUATION.—After consultation 
with Federal, State, and local law en-
forcement authorities, the State Home-
land Security Authority shall evaluate all 
applications using the criteria under sec-
tion 1903 and transmit all qualifying ap-
plications to the Secretary ranked by se-
verity of risk of international terrorist at-
tack. 
ø‘‘(3) APPEAL.—An applicant may ap-
peal the finding that an application is not 
a qualifying application to the Secretary 
under procedures that the Secretary 
shall issue by regulation not later than 90 
days after the date of enactment of this 
title. 
ø‘‘SEC. 1907. SECURITY ENHANCEMENT AND TECHNICAL AS-
SISTANCE CONTRACTS AND LOAN GUARAN-
TEES. 
ø‘‘(a) IN GENERAL.—Upon receipt of the ap-
plications, the Secretary shall select applica-
tions for execution of security enhancement 
and 
technical 
assistance 
contracts, 
or 
issuance of loan guarantees, giving pref-
erence to the nonprofit organizations deter-
3190 
mined to be at greatest risk of international 
terrorist attack based on criteria under sec-
tion 1903. 
ø‘‘(b) SECURITY ENHANCEMENTS AND TECH-
NICAL ASSISTANCE; FOLLOWED BY LOAN GUARAN-
TEES.—The Secretary shall execute security 
enhancement and technical assistance con-
tracts for the highest priority applicants until 
available funds are expended, after which 
loan guarantees shall be made available for 
additional applicants determined to be at 
high risk, up to the authorized amount of loan 
guarantees. The Secretary may provide with 
respect to a single application a combination 
of such contracts and loan guarantees. 
ø‘‘(c) JOINT APPLICATIONS.—Special pref-
erence shall be given to joint applications 
submitted on behalf of multiple nonprofit or-
ganizations located in contiguous settings. 
ø‘‘(d) MAXIMIZING AVAILABLE FUNDS.—Sub-
ject to subsection (b), the Secretary shall exe-
cute security enhancement and technical as-
sistance contracts in such amounts as to 
maximize the number of high-risk applicants
3191 
nationwide receiving assistance under this 
title. 
ø‘‘(e) APPLICANT NOTIFICATION.—Upon se-
lecting a nonprofit organization for assist-
ance under this title, the Secretary shall no-
tify the nonprofit organization that the Fed-
eral Government is prepared to enter into a 
contract with certified contractors to install 
specified security enhancements or provide 
specified technical assistance at the site of 
the nonprofit organization. 
ø‘‘(f) CERTIFIED CONTRACTORS.— 
ø‘‘(1) IN
GENERAL.—Upon receiving a 
notification under subsection (e), the 
nonprofit organization shall select a cer-
tified contractor to perform the specified 
security enhancements, from a list of cer-
tified contractors issued and maintained 
by the Secretary under subsection (j). 
ø‘‘(2) LIST.—The list referred to in 
paragraph (1) shall be comprised of con-
tractors selected on the basis of— 
ø‘‘(A) technical expertise;
3192 
ø‘‘(B) performance record includ-
ing quality and timeliness of work 
performed; 
ø‘‘(C) adequacy of employee crimi-
nal background checks; and 
ø‘‘(D) price competitiveness. 
ø‘‘(3) OTHER CERTIFIED CONTRACTORS.— 
The Secretary shall include on the list of 
certified contractors additional contrac-
tors selected by senior officials at State 
Homeland Security Authorities and the 
chief executives of county and other local 
jurisdictions. Such additional certified 
contractors shall be selected on the basis 
of the criteria under paragraph (2). 
ø‘‘(g) ENSURING THE AVAILABILITY OF CON-
TRACTORS.—If the list of certified contractors 
under this section does not include any con-
tractors who can begin work on the security 
enhancements or technical assistance within 
60 days after applicant notification, the non-
profit organization may submit a contractor 
not currently on the list to the Secretary for 
the Secretary’s review. If the Secretary does 
not include the submitted contractor on the
3193 
list of certified contractors within 60 days 
after the submission and does not place an al-
ternative contractor on the list within the 
same time period (who would be available to 
begin the specified work within that 60-day 
period), the Secretary shall immediately place 
the submitted contractor on the list of cer-
tified contractors and such contractor shall 
remain on such list until— 
ø‘‘(1) the specified work is completed; 
or 
ø‘‘(2) the Secretary can show cause 
why such contractor may not retain cer-
tification, with such determinations sub-
ject to review by the Comptroller General 
of the United States. 
ø‘‘(h) CONTRACTS.—Upon selecting a cer-
tified contractor to provide security enhance-
ments and technical assistance approved by 
the Secretary under this title, the nonprofit 
organization shall notify the Secretary of 
such selection. The Secretary shall deliver a 
contract to such contractor within 10 busi-
ness days after such notification.
3194 
ø‘‘(i) CONTRACTS FOR ADDITIONAL WORK OR 
UPGRADES.—A nonprofit organization, using 
its own funds, may enter into an additional 
contract with the certified contractor, for ad-
ditional or upgraded security enhancements 
or technical assistance. Such additional con-
tracts shall be separate contracts between the 
nonprofit organization and the contractor. 
ø‘‘(j) EXPEDITING ASSISTANCE.—In order to 
expedite assistance to nonprofit organiza-
tions, the Secretary shall— 
ø‘‘(1) compile a list of approved tech-
nical assistance and security enhance-
ment activities within 45 days after the 
date of enactment of this title; 
ø‘‘(2) publish in the Federal Register 
within 60 days after such date of enact-
ment a request for contractors to submit 
applications to be placed on the list of 
certified contractors under this section; 
ø‘‘(3) after consultation with the Sec-
retary of the Treasury, publish in the 
Federal Register within 60 days after 
such date of enactment, prescribe regula-
tions setting forth the conditions under
3195 
which loan guarantees shall be issued 
under this title, including application 
procedures, expeditious review of appli-
cations, underwriting criteria, assign-
ment of loan guarantees, modifications, 
commercial validity, defaults, and fees; 
and 
ø‘‘(4) publish in the Federal Register 
within 120 days after such date of enact-
ment (and every 30 days thereafter) a list 
of certified contractors, including those 
selected by State Homeland Security Au-
thorities, county, and local officials, with 
coverage of all 50 States, the District of 
Columbia, and the territories. 
ø‘‘SEC. 1908. LOCAL LAW ENFORCEMENT ASSISTANCE 
GRANTS. 
ø‘‘(a) IN
GENERAL.—The Secretary may 
provide grants to units of local government to 
offset incremental costs associated with law 
enforcement in areas where there is a high 
concentration of nonprofit organizations. 
ø‘‘(b) USE.—Grant funds received under 
this section may be used only for personnel
3196 
costs or for equipment needs specifically re-
lated to such incremental costs. 
ø‘‘(c) MAXIMIZATION OF IMPACT.—The Sec-
retary shall award grants in such amounts as 
to maximize the impact of available funds in 
protecting nonprofit organizations nation-
wide from international terrorist attacks. 
ø‘‘SEC. 1909. OFFICE OF COMMUNITY RELATIONS AND CIVIC 
AFFAIRS. 
ø‘‘(a) IN GENERAL.—There is established 
within the Department, the Office of Commu-
nity Relations and Civic Affairs to administer 
grant programs for nonprofit organizations 
and local law enforcement assistance. 
ø‘‘(b) ADDITIONAL
RESPONSIBILITIES.—The 
Office of Community Relations and Civic Af-
fairs shall— 
ø‘‘(1) coordinate community relations 
efforts of the Department; 
ø‘‘(2) serve as the official liaison of 
the Secretary to the nonprofit, human 
and social services, and faith-based com-
munities; and
3197 
ø‘‘(3) assist in coordinating the needs 
of those communities with the Citizen 
Corps program. 
ø‘‘SEC. 1910. AUTHORIZATION OF APPROPRIATIONS AND 
LOAN GUARANTEES. 
ø‘‘(a) 
NONPROFIT
ORGANIZATIONS
PRO-
GRAM.—There are authorized to be appro-
priated to the Department to carry out the 
nonprofit organization program under this 
title, $100,000,000 for fiscal year 2005 and such 
sums as may be necessary for fiscal years 2006 
and 2007. 
ø‘‘(b) LOCAL LAW ENFORCEMENT ASSISTANCE 
GRANTS.—There are authorized to be appro-
priated to the Department for local law en-
forcement assistance grants under section 
1908, $50,000,000 for fiscal year 2005 and such 
sums as may be necessary for fiscal years 2006 
and 2007. 
ø‘‘(c) OFFICE OF COMMUNITY RELATIONS AND 
CIVIC AFFAIRS.—There are authorized to be 
appropriated to the Department for the Office 
of Community Relations and Civic Affairs 
under section 1909, $5,000,000 for fiscal year
3198 
2005 and such sums as may be necessary for 
fiscal years 2006 and 2007. 
ø‘‘(d) LOAN GUARANTEES.— 
ø‘‘(1) AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated in each of fiscal years 2005, 2006, 
and 2007, such amounts as may be re-
quired under the Federal Credit Act with 
respect to Federal loan guarantees au-
thorized by this title, which shall remain 
available until expended. 
ø‘‘(2) 
LIMITATION.—The 
aggregate 
value of all loans for which loan guaran-
tees are issued under this title by the 
Secretary may not exceed $250,000,000 in 
each of fiscal years 2005, 2006, and 2007.’’. 
ø(d) CLERICAL AMENDMENT.—The table of 
contents under section 1(b) of the Homeland 
Security Act of 2002 (6 U.S.C. 101(b)) is amend-
ed by adding at the end the following: 
ø‘‘TITLE XIX—PROTECTION OF CITIZENS AT HIGH-RISK 
NONPROFIT ORGANIZATIONS 
ø‘‘Sec. 1901. Definitions. 
ø‘‘Sec. 1902. Authority to enter into contracts and issue Fed-
eral loan guarantees. 
ø‘‘Sec. 1903. Eligibility criteria. 
ø‘‘Sec. 1904. Use of loan guarantees. 
ø‘‘Sec. 1905. Nonprofit organization applications. 
ø‘‘Sec. 1906. Review by State Homeland Security Authorities.
3199 
ø‘‘Sec. 1907. Security enhancement and technical assistance 
contracts and loan guarantees. 
ø‘‘Sec. 1908. Local law enforcement assistance grants. 
ø‘‘Sec. 1909. Office of Community Relations and Civic Affairs. 
ø‘‘Sec. 1910. Authorization of appropriations and loan guaran-
tees.’’. 
øSubtitle C—Restructuring Relat-
ing to the Department of Home-
land Security and Congressional 
Oversight 
øSEC. 5025. RESPONSIBILITIES OF counternarcotics OFFICE. 
ø(a) 
AMENDMENT.—Section 
878 
of 
the 
Homeland Security Act of 2002 (6 U.S.C. 458) 
is amended to read as follows: 
ø‘‘SEC. 878. OFFICE OF counternarcotics ENFORCEMENT. 
ø‘‘(a) OFFICE.—There shall be in the De-
partment an Office of counternarcotics En-
forcement, which shall be headed by a Direc-
tor appointed by the President, by and with 
the advice and consent of the Senate. 
ø‘‘(b) ASSIGNMENT OF PERSONNEL.—(1) The 
Secretary shall assign to the Office perma-
nent staff and other appropriate personnel 
detailed from other subdivisions of the De-
partment to carry out responsibilities under 
this section. 
ø‘‘(2) The Secretary shall designate senior 
employees from each appropriate subdivision
3200 
of 
the 
Department 
that 
has 
significant 
counternarcotics responsibilities to act as a li-
aison between that subdivision and the Office 
of counternarcotics Enforcement. 
ø‘‘(c) LIMITATION ON CONCURRENT EMPLOY-
MENT.—Except as provided in subsection (d), 
the Director of the Office of counternarcotics 
Enforcement shall not be employed by, as-
signed to, or serve as the head of, any other 
branch of the Federal Government, any State 
or local government, or any subdivision of the 
Department other than the Office of counter-
narcotics Enforcement. 
ø‘‘(d) ELIGIBILITY TO SERVE AS THE UNITED 
STATES INTERDICTION COORDINATOR.—The Di-
rector of the Office of counternarcotics En-
forcement may be appointed as the United 
States Interdiction Coordinator by the Direc-
tor of the Office of National Drug Control Pol-
icy, and shall be the only person at the De-
partment eligible to be so appointed. 
ø‘‘(e) 
RESPONSIBILITIES.—The 
Secretary 
shall direct the Director of the Office of 
counternarcotics Enforcement—
3201 
ø‘‘(1) to coordinate policy and oper-
ations within the Department, between 
the Department and other Federal de-
partments and agencies, and between the 
Department and State and local agencies 
with respect to stopping the entry of ille-
gal drugs into the United States; 
ø‘‘(2) to ensure the adequacy of re-
sources within the Department for stop-
ping the entry of illegal drugs into the 
United States; 
ø‘‘(3) to recommend the appropriate 
financial and personnel resources nec-
essary to help the Department better ful-
fill its responsibility to stop the entry of 
illegal drugs into the United States; 
ø‘‘(4) within the JTTF construct to 
track and sever connections between ille-
gal drug trafficking and terrorism; and 
ø‘‘(5) to be a representative of the De-
partment on all task forces, committees, 
or other entities whose purpose is to co-
ordinate the counternarcotics enforce-
ment activities of the Department and 
other Federal, state or local agencies.
3202 
ø‘‘(f) REPORTS TO CONGRESS.— 
ø‘‘(1) ANNUAL BUDGET REVIEW.—The Di-
rector of the Office of counternarcotics 
Enforcement shall, not later than 30 days 
after the submission by the President to 
Congress of any request for expenditures 
for the Department, submit to the Com-
mittees on Appropriations and the au-
thorizing committees of jurisdiction of 
the House of Representatives and the 
Senate a review and evaluation of such 
request. 
The 
review 
and 
evaluation 
shall— 
ø‘‘(A) identify any request or sub-
part of any request that affects or 
may affect the counternarcotics ac-
tivities of the Department or any of 
its subdivisions, or that affects the 
ability of the Department or any sub-
division of the Department to meet its 
responsibility to stop the entry of ille-
gal drugs into the United States; 
ø‘‘(B) describe with particularity 
how such requested funds would be
3203 
or could be expended in furtherance 
of counternarcotics activities; and 
ø‘‘(C) compare such requests with 
requests 
for 
expenditures 
and 
amounts appropriated by Congress in 
the previous fiscal year. 
ø‘‘(2) 
EVALUATION
OF
COUNTER-
NARCOTICS
ACTIVITIES.—The Director of 
the Office of counternarcotics Enforce-
ment shall, not later than February 1 of 
each year, submit to the Committees on 
Appropriations and the authorizing com-
mittees of jurisdiction of the House of 
Representatives and the Senate a review 
and evaluation of the counternarcotics 
activities of the Department for the pre-
vious fiscal year. The review and evalua-
tion shall— 
ø‘‘(A) 
describe 
the 
counter-
narcotics activities of the Department 
and each subdivision of the Depart-
ment (whether individually or in co-
operation with other subdivisions of 
the Department, or in cooperation 
with other branches of the Federal
3204 
Government or with State or local 
agencies), including the methods, pro-
cedures, and systems (including com-
puter systems) for collecting, ana-
lyzing, sharing, and disseminating in-
formation concerning narcotics activ-
ity within the Department and be-
tween the Department and other Fed-
eral, State, and local agencies; 
ø‘‘(B) describe the results of those 
activities, 
using 
quantifiable 
data 
whenever possible; 
ø‘‘(C) state whether those activi-
ties were sufficient to meet the re-
sponsibility of the Department to stop 
the entry of illegal drugs into the 
United States, including a description 
of the performance measures of effec-
tiveness that were used in making 
that determination; and 
ø‘‘(D) recommend, where appro-
priate, changes to those activities to 
improve the performance of the De-
partment in meeting its responsibility
3205 
to stop the entry of illegal drugs into 
the United States. 
ø‘‘(3) CLASSIFIED OR LAW ENFORCEMENT 
SENSITIVE INFORMATION.—Any content of a 
review and evaluation described in the 
reports required in this subsection that 
involves information classified under cri-
teria established by an Executive order, 
or whose public disclosure, as deter-
mined by the Secretary, would be detri-
mental to the law enforcement or na-
tional security activities of the Depart-
ment or any other Federal, State, or local 
agency, shall be presented to Congress 
separately from the rest of the review 
and evaluation.’’. 
ø(b) 
CONFORMING
AMENDMENT.—Section 
103(a) of the Homeland Security Act of 2002 
(6 U.S.C. 113(a)) is amended— 
ø(1) by redesignating paragraphs (8) 
and (9) as paragraphs (9) and (10), respec-
tively; and 
ø(2) by inserting after paragraph (7) 
the following new paragraph (8):