‘‘(C) demonstrates the needs of the State 
necessary to achieve, maintain, or enhance the 
essential capabilities that apply to the State; 
‘‘(D) includes a prioritization of such needs 
based on threat, vulnerability, and consequence 
assessment factors applicable to the State; 
‘‘(E) describes how the State intends— 
‘‘(i) to address such needs at the city, 
county, regional, tribal, State, and inter-
state level, including a precise description 
of any regional structure the State has es-
tablished for the purpose of organizing 
homeland security preparedness activities 
funded by covered grants; 
‘‘(ii) to use all Federal, State, and 
local resources available for the purpose of 
addressing such needs; and 
‘‘(iii) to give particular emphasis to 
regional planning and cooperation, includ-
ing the activities of multijurisdictional 
planning agencies governed by local offi-
cials, both within its jurisdictional borders 
and with neighboring States; 
‘‘(F) with respect to the emergency pre-
paredness of first responders, addresses the 
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unique aspects of terrorism as part of a com-
prehensive State emergency management plan; 
and 
‘‘(G) provides for coordination of response 
and recovery efforts at the local level, including 
procedures for effective incident command in 
conformance with the National Incident Man-
agement System. 
‘‘(2) CONSULTATION.—The State plan sub-
mitted under paragraph (1) shall be developed in 
consultation with and subject to appropriate com-
ment by local governments and first responders 
within the State. 
‘‘(3) APPROVAL
BY
SECRETARY.—The Sec-
retary may not award any covered grant to a State 
unless the Secretary has approved the applicable 
State homeland security plan. 
‘‘(4) REVISIONS.—A State may revise the appli-
cable State homeland security plan approved by the 
Secretary under this subsection, subject to approval 
of the revision by the Secretary. 
‘‘(d) CONSISTENCY WITH STATE PLANS.—The Sec-
retary shall ensure that each covered grant is used to sup-
plement and support, in a consistent and coordinated 
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manner, the applicable State homeland security plan or 
plans. 
‘‘(e) APPLICATION FOR GRANT.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, any State, region, or di-
rectly eligible tribe may apply for a covered grant by 
submitting to the Secretary an application at such 
time, in such manner, and containing such informa-
tion as is required under this subsection, or as the 
Secretary may reasonably require. 
‘‘(2) DEADLINES
FOR
APPLICATIONS
AND 
AWARDS.—All applications for covered grants must 
be submitted at such time as the Secretary may rea-
sonably require for the fiscal year for which they are 
submitted. The Secretary shall award covered grants 
pursuant to all approved applications for such fiscal 
year as soon as practicable, but not later than 
March 1 of such year. 
‘‘(3) AVAILABILITY
OF
FUNDS.—All funds 
awarded by the Secretary under covered grants in a 
fiscal year shall be available for obligation through 
the end of the subsequent fiscal year. 
‘‘(4) MINIMUM CONTENTS OF APPLICATION.— 
The Secretary shall require that each applicant in-
clude in its application, at a minimum— 
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‘‘(A) the purpose for which the applicant 
seeks covered grant funds and the reasons why 
the applicant needs the covered grant to meet 
the essential capabilities for terrorism prepared-
ness within the State, region, or directly eligible 
tribe to which the application pertains; 
‘‘(B) a description of how, by reference to 
the applicable State homeland security plan or 
plans under subsection (c), the allocation of 
grant funding proposed in the application, in-
cluding, where applicable, the amount not 
passed through under section 1806(g)(1), would 
assist in fulfilling the essential capabilities for 
terrorism preparedness specified in such plan or 
plans; 
‘‘(C) a statement of whether a mutual aid 
agreement applies to the use of all or any por-
tion of the covered grant funds; 
‘‘(D) if the applicant is a State, a descrip-
tion of how the State plans to allocate the cov-
ered grant funds to regions, local governments, 
and Indian tribes; 
‘‘(E) if the applicant is a region— 
‘‘(i) a precise geographical description 
of the region and a specification of all par-
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ticipating and nonparticipating local gov-
ernments within the geographical area 
comprising that region; 
‘‘(ii) a specification of what govern-
mental entity within the region will admin-
ister the expenditure of funds under the 
covered grant; and 
‘‘(iii) a designation of a specific indi-
vidual to serve as regional liaison; 
‘‘(F) a capital budget showing how the ap-
plicant intends to allocate and expend the cov-
ered grant funds; 
‘‘(G) if the applicant is a directly eligible 
tribe, a designation of a specific individual to 
serve as the tribal liaison; and 
‘‘(H) a statement of how the applicant in-
tends to meet the matching requirement, if any, 
that applies under section 1806(g)(2). 
‘‘(5) REGIONAL APPLICATIONS.— 
‘‘(A) RELATIONSHIP TO STATE APPLICA-
TIONS.—A regional application— 
‘‘(i) shall be coordinated with an ap-
plication submitted by the State or States 
of which such region is a part; 
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‘‘(ii) shall supplement and avoid dupli-
cation with such State application; and 
‘‘(iii) shall address the unique regional 
aspects of such region’s terrorism pre-
paredness needs beyond those provided for 
in the application of such State or States. 
‘‘(B) STATE REVIEW AND SUBMISSION.— 
To ensure the consistency required under sub-
section (d) and the coordination required under 
subparagraph (A) of this paragraph, an appli-
cant that is a region must submit its applica-
tion to each State of which any part is included 
in the region for review and concurrence prior 
to the submission of such application to the 
Secretary. The regional application shall be 
transmitted to the Secretary through each such 
State within 30 days of its receipt, unless the 
Governor of such a State notifies the Secretary, 
in writing, that such regional application is in-
consistent with the State’s homeland security 
plan and provides an explanation of the reasons 
therefor. 
‘‘(C) 
DISTRIBUTION
OF
REGIONAL 
AWARDS.—If the Secretary approves a regional 
application, then the Secretary shall distribute 
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a regional award to the State or States submit-
ting the applicable regional application under 
subparagraph (B), and each such State shall, 
not later than the end of the 45-day period be-
ginning on the date after receiving a regional 
award, pass through to the region all covered 
grant funds or resources purchased with such 
funds, except those funds necessary for the 
State to carry out its responsibilities with re-
spect to such regional application: Provided, 
That in no such case shall the State or States 
pass through to the region less than 80 percent 
of the regional award. 
‘‘(D) CERTIFICATIONS
REGARDING
DIS-
TRIBUTION OF GRANT FUNDS TO REGIONS.— 
Any State that receives a regional award under 
subparagraph (C) shall certify to the Secretary, 
by not later than 30 days after the expiration 
of the period described in subparagraph (C) 
with respect to the grant, that the State has 
made available to the region the required funds 
and resources in accordance with subparagraph 
(C). 
‘‘(E) DIRECT PAYMENTS TO REGIONS.—If 
any State fails to pass through a regional 
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award to a region as required by subparagraph 
(C) within 45 days after receiving such award 
and does not request or receive an extension of 
such period under section 1806(h)(2), the re-
gion may petition the Secretary to receive di-
rectly the portion of the regional award that is 
required to be passed through to such region 
under subparagraph (C). 
‘‘(F) REGIONAL LIAISONS.—A regional li-
aison designated under paragraph (4)(E)(iii) 
shall— 
‘‘(i) coordinate with Federal, State, 
local, regional, and private officials within 
the region concerning terrorism prepared-
ness; 
‘‘(ii) develop a process for receiving 
input from Federal, State, local, regional, 
and private sector officials within the re-
gion to assist in the development of the re-
gional application and to improve the re-
gion’s access to covered grants; and 
‘‘(iii) administer, in consultation with 
State, local, regional, and private officials 
within the region, covered grants awarded 
to the region. 
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‘‘(6) TRIBAL APPLICATIONS.— 
‘‘(A) SUBMISSION
TO
THE
STATE
OR 
STATES.—To ensure the consistency required 
under subsection (d), an applicant that is a di-
rectly eligible tribe must submit its application 
to each State within the boundaries of which 
any part of such tribe is located for direct sub-
mission to the Department along with the appli-
cation of such State or States. 
‘‘(B) OPPORTUNITY
FOR
STATE
COM-
MENT.—Before awarding any covered grant to 
a directly eligible tribe, the Secretary shall pro-
vide an opportunity to each State within the 
boundaries of which any part of such tribe is lo-
cated to comment to the Secretary on the con-
sistency of the tribe’s application with the 
State’s homeland security plan. Any such com-
ments shall be submitted to the Secretary con-
currently with the submission of the State and 
tribal applications. 
‘‘(C) FINAL
AUTHORITY.—The Secretary 
shall have final authority to determine the con-
sistency of any application of a directly eligible 
tribe with the applicable State homeland secu-
rity plan or plans, and to approve any applica-
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tion of such tribe. The Secretary shall notify 
each State within the boundaries of which any 
part of such tribe is located of the approval of 
an application by such tribe. 
‘‘(D) TRIBAL
LIAISON.—A tribal liaison 
designated under paragraph (4)(G) shall— 
‘‘(i) coordinate with Federal, State, 
local, regional, and private officials con-
cerning terrorism preparedness; 
‘‘(ii) develop a process for receiving 
input from Federal, State, local, regional, 
and private sector officials to assist in the 
development of the application of such 
tribe and to improve the tribe’s access to 
covered grants; and 
‘‘(iii) administer, in consultation with 
State, local, regional, and private officials, 
covered grants awarded to such tribe. 
‘‘(E) LIMITATION ON THE NUMBER OF DI-
RECT GRANTS.—The Secretary may make cov-
ered grants directly to not more than 20 di-
rectly eligible tribes per fiscal year. 
‘‘(F) TRIBES
NOT
RECEIVING
DIRECT 
GRANTS.—An Indian tribe that does not receive 
a grant directly under this section is eligible to 
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receive funds under a covered grant from the 
State or States within the boundaries of which 
any part of such tribe is located, 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 payment under section 1806(h)(3) in 
the same manner as a local government. 
‘‘(7) EQUIPMENT STANDARDS.—If an applicant 
for a covered grant proposes to upgrade or purchase, 
with assistance provided under the grant, new equip-
ment or systems that do not meet or exceed any ap-
plicable national voluntary consensus standards es-
tablished by the Secretary, the applicant shall in-
clude in the application an explanation of why such 
equipment or systems will serve the needs of the ap-
plicant better than equipment or systems that meet 
or exceed such standards. 
‘‘SEC. 
1804. 
RISK-BASED 
EVALUATION 
AND 
PRIORITIZATION. 
‘‘(a) FIRST RESPONDER GRANTS BOARD.— 
‘‘(1) ESTABLISHMENT
OF
BOARD.—The Sec-
retary shall establish a First Responder Grants 
Board, consisting of— 
‘‘(A) the Secretary; 
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‘‘(B) the Under Secretary for Emergency 
Preparedness and Response; 
‘‘(C) the Under Secretary for Border and 
Transportation Security; 
‘‘(D) the Under Secretary for Information 
Analysis and Infrastructure Protection; 
‘‘(E) the Under Secretary for Science and 
Technology; 
‘‘(F) the Director of the Office for Domes-
tic Preparedness; 
‘‘(G) the Administrator of the United 
States Fire Administration; and 
‘‘(H) the Administrator of the Animal and 
Plant Health Inspection Service. 
‘‘(2) CHAIRMAN.— 
‘‘(A) IN GENERAL.—The Secretary shall be 
the Chairman of the Board. 
‘‘(B) EXERCISE OF AUTHORITIES BY DEP-
UTY
SECRETARY.—The Deputy Secretary of 
Homeland Security may exercise the authorities 
of the Chairman, if the Secretary so directs. 
‘‘(b) FUNCTIONS
OF UNDER SECRETARIES.—The 
Under Secretaries referred to in subsection (a)(1) shall 
seek to ensure that the relevant expertise and input of the 
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staff of their directorates are available to and considered 
by the Board. 
‘‘(c) PRIORITIZATION OF GRANT APPLICATIONS.— 
‘‘(1) FACTORS
TO
BE
CONSIDERED.—The 
Board shall evaluate and annually prioritize all 
pending applications for covered grants based upon 
the degree to which they would, by achieving, main-
taining, or enhancing the essential capabilities of the 
applicants on a nationwide basis, lessen the threat 
to, vulnerability of, and consequences for persons 
(including transient commuting and tourist popu-
lations) and critical infrastructure. Such evaluation 
and prioritization shall be based upon the most cur-
rent risk assessment available by the Directorate for 
Information Analysis and Infrastructure Protection 
of the threats of terrorism against the United 
States. The Board shall coordinate with State, local, 
regional, and tribal officials in establishing criteria 
for evaluating and prioritizing applications for cov-
ered grants. 
‘‘(2) CRITICAL
INFRASTRUCTURE
SECTORS.— 
The Board specifically shall consider threats of ter-
rorism against the following critical infrastructure 
sectors in all areas of the United States, urban and 
rural: 
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‘‘(A) Agriculture and food. 
‘‘(B) Banking and finance. 
‘‘(C) Chemical industries. 
‘‘(D) The defense industrial base. 
‘‘(E) Emergency services. 
‘‘(F) Energy. 
‘‘(G) Government facilities. 
‘‘(H) Postal and shipping. 
‘‘(I) Public health and health care. 
‘‘(J) Information technology. 
‘‘(K) Telecommunications. 
‘‘(L) Transportation systems. 
‘‘(M) Water. 
‘‘(N) Dams. 
‘‘(O) Commercial facilities. 
‘‘(P) National monuments and icons. 
The order in which the critical infrastructure sectors 
are listed in this paragraph shall not be construed 
as an order of priority for consideration of the im-
portance of such sectors. 
‘‘(3) TYPES OF THREAT.—The Board specifi-
cally shall consider the following types of threat to 
the critical infrastructure sectors described in para-
graph (2), and to populations in all areas of the 
United States, urban and rural: 
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‘‘(A) Biological threats. 
‘‘(B) Nuclear threats. 
‘‘(C) Radiological threats. 
‘‘(D) Incendiary threats. 
‘‘(E) Chemical threats. 
‘‘(F) Explosives. 
‘‘(G) Suicide bombers. 
‘‘(H) Cyber threats. 
‘‘(I) Any other threats based on proximity 
to specific past acts of terrorism or the known 
activity of any terrorist group. 
The order in which the types of threat are listed in 
this paragraph shall not be construed as an order of 
priority for consideration of the importance of such 
threats. 
‘‘(4) CONSIDERATION
OF
ADDITIONAL
FAC-
TORS.—The Board shall take into account any other 
specific threat to a population (including a transient 
commuting or tourist population) or critical infra-
structure sector that the Board has determined to 
exist. In evaluating the threat to a population or 
critical infrastructure sector, the Board shall give 
greater weight to threats of terrorism based upon 
their specificity and credibility, including any pat-
tern of repetition. 
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‘‘(5) MINIMUM
AMOUNTS.—After evaluating 
and prioritizing grant applications under paragraph 
(1), the Board shall ensure that, for each fiscal 
year— 
‘‘(A) 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 
accordance with the prioritization of needs 
under section 1803(c)(1)(D); 
‘‘(B) 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 
qualifying criteria under paragraph (6) receives 
no less than 0.45 percent of the funds available 
for covered grants for that fiscal year for pur-
poses of implementing its homeland security 
plan in accordance with the prioritization of 
needs under section 1803(c)(1)(D); 
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‘‘(C) 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 purposes of implementing its approved State 
homeland security plan in accordance with the 
prioritization 
of 
needs 
under 
section 
1803(c)(1)(D); and 
‘‘(D) directly eligible tribes collectively re-
ceive 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 applications of such tribes, consistent 
with the homeland security plan of each State 
within the boundaries 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 receives less 
than 5 applications for such fiscal year from 
such tribes under section 1803(e)(6)(A) or does 
not approve at least one such application. 
‘‘(6) ADDITIONAL HIGH-RISK QUALIFYING CRI-
TERIA.—For purposes of paragraph (5)(B), addi-
tional high-risk qualifying criteria consist of— 
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‘‘(A) having a significant international 
land border; or 
‘‘(B) adjoining a body of water within 
North America through which an international 
boundary line extends. 
‘‘(d) EFFECT OF REGIONAL AWARDS ON STATE MIN-
IMUM.—Any regional award, or portion thereof, provided 
to a State under section 1803(e)(5)(C) shall not be consid-
ered in calculating the minimum State award under sub-
section (c)(5) of this section. 
‘‘SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS 
FOR FIRST RESPONDERS. 
‘‘(a) ESTABLISHMENT.—To assist the Secretary in 
updating, revising, or replacing essential capabilities for 
terrorism preparedness, the Secretary shall establish an 
advisory body pursuant to section 871(a) not later than 
60 days after the date of the enactment of this section, 
which shall be known as the Task Force on Terrorism Pre-
paredness for First Responders. 
‘‘(b) UPDATE, REVISE, OR REPLACE.—The Secretary 
shall regularly update, revise, or replace the essential ca-
pabilities for terrorism preparedness as necessary, but not 
less than every 3 years. 
‘‘(c) REPORT.— 
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‘‘(1) IN GENERAL.—The Task Force shall sub-
mit to the Secretary, by not later than 12 months 
after its establishment by the Secretary under sub-
section (a) and not later than every 2 years there-
after, a report on its recommendations for essential 
capabilities for terrorism preparedness. 
‘‘(2) CONTENTS.—Each report shall— 
‘‘(A) include a priority ranking of essential 
capabilities in order to provide guidance to the 
Secretary and to the Congress on determining 
the appropriate allocation of, and funding levels 
for, first responder needs; 
‘‘(B) set forth a methodology by which any 
State or local government will be able to deter-
mine the extent to which it possesses or has ac-
cess to the essential capabilities that States and 
local governments having similar risks should 
obtain; 
‘‘(C) describe the availability of national 
voluntary consensus standards, and whether 
there is a need for new national voluntary con-
sensus standards, with respect to first re-
sponder training and equipment; 
‘‘(D) include such additional matters as 
the Secretary may specify in order to further 
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the terrorism preparedness capabilities of first 
responders; and 
‘‘(E) include such revisions to the contents 
of previous reports as are necessary to take into 
account changes in the most current risk as-
sessment available by the Directorate for Infor-
mation Analysis and Infrastructure Protection 
or other relevant information as determined by 
the Secretary. 
‘‘(3) CONSISTENCY
WITH
FEDERAL
WORKING 
GROUP.—The Task Force shall ensure that its rec-
ommendations for essential capabilities for terrorism 
preparedness are, to the extent feasible, consistent 
with any preparedness goals or recommendations of 
the Federal working group established under section 
319F(a) of the Public Health Service Act (42 U.S.C. 
247d–6(a)). 
‘‘(4) COMPREHENSIVENESS.—The Task Force 
shall ensure that its recommendations regarding es-
sential capabilities for terrorism preparedness are 
made within the context of a comprehensive State 
emergency management system. 
‘‘(5) PRIOR MEASURES.—The Task Force shall 
ensure that its recommendations regarding essential 
capabilities for terrorism preparedness take into ac-
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count any capabilities that State or local officials 
have determined to be essential and have undertaken 
since September 11, 2001, to prevent, prepare for, 
respond to, or recover from terrorist attacks. 
‘‘(d) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Task Force shall con-
sist of 25 members appointed by the Secretary, and 
shall, to the extent practicable, represent a geo-
graphic (including urban and rural) and substantive 
cross section of governmental and nongovernmental 
first responder disciplines from the State and local 
levels, including as appropriate— 
‘‘(A) members selected from the emergency 
response field, including fire service and law en-
forcement, hazardous materials response, emer-
gency medical services, and emergency manage-
ment personnel (including public works per-
sonnel routinely engaged in emergency re-
sponse); 
‘‘(B) health scientists, emergency and in-
patient medical providers, and public health 
professionals, including experts in emergency 
health care response to chemical, biological, ra-
diological, and nuclear terrorism, and experts in 
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providing mental health care during emergency 
response operations; 
‘‘(C) experts from Federal, State, and local 
governments, and the private sector, rep-
resenting standards-setting organizations, in-
cluding representation from the voluntary con-
sensus codes and standards development com-
munity, particularly those with expertise in first 
responder disciplines; and 
‘‘(D) State and local officials with exper-
tise in terrorism preparedness, subject to the 
condition that if any such official is an elected 
official representing one of the two major polit-
ical parties, an equal number of elected officials 
shall be selected from each such party. 
‘‘(2) COORDINATION WITH THE DEPARTMENT 
OF HEALTH AND HEALTH SERVICES.—In the selec-
tion of members of the Task Force who are health 
professionals, including emergency medical profes-
sionals, the Secretary shall coordinate such selection 
with the Secretary of Health and Human Services. 
‘‘(3) EX
OFFICIO
MEMBERS.—The Secretary 
and the Secretary of Health and Human Services 
shall each designate one or more officers of their re-
spective Departments to serve as ex officio members 
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of the Task Force. One of the ex officio members 
from the Department of Homeland Security shall be 
the designated officer of the Federal Government for 
purposes of subsection (e) of section 10 of the Fed-
eral Advisory Committee Act (5 App. U.S.C.). 
‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—Notwithstanding section 871(a), the Fed-
eral Advisory Committee Act (5 App. U.S.C.), including 
subsections (a), (b), and (d) of section 10 of such Act, 
and section 552b(c) of title 5, United States Code, shall 
apply to the Task Force. 
‘‘SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY RE-
QUIREMENTS. 
‘‘(a) IN GENERAL.—A covered grant may be used 
for— 
‘‘(1) purchasing or upgrading equipment, in-
cluding computer software, to enhance terrorism 
preparedness; 
‘‘(2) exercises to strengthen terrorism prepared-
ness; 
‘‘(3) training for prevention (including detec-
tion) of, preparedness for, response to, or recovery 
from attacks involving weapons of mass destruction, 
including training in the use of equipment and com-
puter software; 
VerDate Aug 31 2005 
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