157 
ment or systems that do not meet or exceed any ap-
plicable national voluntary consensus standards, the 
applicant shall include in the application an expla-
nation of why such equipment or systems will serve 
the needs of the applicant better than equipment or 
systems that meet or exceed such standards. 
‘‘SEC. 
2004. 
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; 
‘‘(B) the Under Secretary for Science and 
Technology; 
‘‘(C) the Under Secretary for Policy; 
‘‘(D) the Director of the Federal Emer-
gency Management Agency; 
‘‘(E) the Assistant Secretary for United 
States Immigration and Customs Enforcement; 
‘‘(F) the Chief Intelligence Officer; 
‘‘(G) the Administrator of the United 
States Fire Administration; 
‘‘(H) the Department official with primary 
responsibility for preparedness; 
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158 
‘‘(I) the Department official with primary 
responsibility for grants; and 
‘‘(J) 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 BOARD MEMBERS.—The Under 
Secretaries, Assistant Secretaries, Administrators, and 
other officials referred to in subsection (a)(1) shall seek 
to ensure that the relevant expertise and input of their 
staff 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— 
‘‘(A) the degree to which they would, by 
achieving, maintaining, or enhancing the essen-
tial capabilities of the applicants on a nation-
wide basis, lessen the threat to, vulnerability of, 
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159 
and consequences for persons (including tran-
sient commuting and tourist populations) and 
critical infrastructure; 
‘‘(B) prior acts of international terrorism; 
‘‘(C) elevations in the threat alert level; 
‘‘(D) the existence of significant ports of 
entry; and 
‘‘(E) the most current risk assessment 
available of the threats of terrorism against the 
United States. 
‘‘(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: 
‘‘(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. 
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160 
‘‘(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: 
‘‘(A) Biological threats. 
‘‘(B) Nuclear threats. 
‘‘(C) Radiological threats. 
‘‘(D) Incendiary threats. 
‘‘(E) Chemical threats. 
‘‘(F) Explosives. 
‘‘(G) Suicide bombers. 
‘‘(H) Cyber threats. 
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161 
‘‘(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. 
‘‘(5) RISK ANALYSIS AND ASSESSMENT.—Prior 
to evaluating and prioritizing all pending applica-
tions for covered grants, the Board shall provide an 
opportunity for applicants to provide information to 
the Board regarding the risk profile of the appli-
cants’ jurisdictions.’’ 
‘‘(6) COORDINATION.—The Board shall coordi-
nate with State, local, regional, and tribal officials in 
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162 
establishing criteria for evaluating and prioritizing 
applications for covered grants. 
‘‘(7) 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 2003(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 (8) 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 
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163 
plan in accordance with the prioritization of 
needs under section 2003(c)(1)(D); 
‘‘(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 
2003(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 2003(e)(6)(A) or does 
not approve at least one such application. 
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164 
‘‘(8) ADDITIONAL HIGH-RISK QUALIFYING CRI-
TERIA.—For purposes of paragraph (7)(B), addi-
tional high-risk qualifying criteria consist of— 
‘‘(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 2003(e)(5)(C) shall not be consid-
ered in calculating the minimum State award under sub-
section (c)(7) of this section. 
‘‘SEC. 2005. USE OF FUNDS. 
‘‘(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, 
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165 
including training in the use of equipment and com-
puter software; 
‘‘(4) developing or updating State homeland se-
curity plans, risk assessments, mutual aid agree-
ments, and emergency management plans to enhance 
terrorism preparedness; 
‘‘(5) establishing or enhancing mechanisms for 
sharing terrorism threat information; 
‘‘(6) systems architecture and engineering, pro-
gram planning and management, strategy formula-
tion and strategic planning, life-cycle systems de-
sign, product and technology evaluation, and proto-
type development for terrorism preparedness pur-
poses; 
‘‘(7) additional personnel costs resulting from— 
‘‘(A) elevations in the threat alert level of 
the Homeland Security Advisory System by the 
Secretary, or a similar elevation in threat alert 
level issued by a State, region, or local govern-
ment with the approval of the Secretary; 
‘‘(B) travel to and participation in exer-
cises and training in the use of equipment and 
on prevention activities; and 
‘‘(C) the temporary replacement of per-
sonnel during any period of travel to and par-
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166 
ticipation in exercises and training in the use of 
equipment and on prevention activities; 
‘‘(8) the costs of equipment (including software) 
required to receive, transmit, handle, and store clas-
sified information; 
‘‘(9) the costs of commercially available inter-
operable communications equipment (which, where 
applicable, is based on national, voluntary consensus 
standards) that the Secretary, in consultation with 
the Chairman of the Federal Communications Com-
mission, deems best suited to facilitate interoper-
ability, coordination, and integration between and 
among emergency communications systems, and that 
complies with prevailing grant guidance of the De-
partment for interoperable communications; 
‘‘(10) educational curricula development for 
first responders to ensure that they are prepared for 
terrorist attacks; 
‘‘(11) training and exercises to assist public ele-
mentary and secondary schools in developing and 
implementing programs to instruct students regard-
ing age-appropriate skills to prevent, prepare for, re-
spond to, mitigate against, or recover from an act of 
terrorism; 
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167 
‘‘(12) paying of administrative expenses directly 
related to administration of the grant, except that 
such expenses may not exceed 3 percent of the 
amount of the grant; 
‘‘(13) paying for the conduct of any activity 
permitted under the Law Enforcement Terrorism 
Prevention Program, or any such successor to such 
program; and 
‘‘(14) other appropriate activities as determined 
by the Secretary. 
‘‘(b) PROHIBITED USES.—Funds provided as a cov-
ered grant may not be used— 
‘‘(1) to supplant State or local funds; 
‘‘(2) to construct buildings or other physical fa-
cilities, including barriers, fences, gates, and other 
such devices intended for the protection of critical 
infrastructure against potential attack, except those 
that are constructed under terms and conditions 
consistent with the requirements of section 611(j)(8) 
of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5196(j)(8)), and 
the cost of which does not exceed the greater of— 
‘‘(A) $1,000,000 per project; or 
‘‘(B) such greater amount as may be ap-
proved by the Secretary, which may not exceed 
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