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exclusive document to be presented upon entry into the
United States from Canada by land.
SEC. 539. (a) Congress makes the following findings:
(1) The Homeland Security Advisory System
had been raised to threat level Code Orange, a level
which indicates a high risk of terrorist attack, on six
occasions since the Advisory System was created in
March 2002, prior to the raising of the threat level to
Code Orange following the bombings that occurred in
London on July 7, 2005.
(2) The Code Orange threat level remained in
place for an average of 13 days on each of the first
five occasions that it was raised to that level.
(3) The sixth elevation of the threat level to Code
Orange occurred in August 2004 and ended 98 days
later, making it four times longer than any other such
alert and constituting half of the days that the United
States has been under a high risk of terrorist attack.
(4) The Conference of Mayors estimates that cit-
ies in the United States spend some $70,000,000 per
week to implement security measures associated with
the Code Orange threat level.
(5) The recommendation to elevate the threat
level is made by the Homeland Security Council, a
group of Cabinet officials and senior advisors to the
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President and Vice President, (in this section referred
to as the ‘‘Council’’).
(6) In May 2005, Secretary of Homeland Secu-
rity Tom Ridge revealed that there was often consid-
erable disagreement among the members of the Coun-
cil as to whether or not the threat level should be
raised.
(7) There remains considerable confusion among
the public and State and local government officials as
to the decision-making process and criteria used by
the Council in deciding whether the threat level should
be raised to Code Orange.
(b) Not later than 180 days after the date of the enact-
ment of this Act, the Comptroller General of the United
States shall conduct a study examining the six occasions
in which the Homeland Security Advisory System was
raised to Code Orange prior to July 2005 and submit to
Congress a report on such study.
(c) The report required by subsection (b) shall include
an explanation and analysis of the decision-making process
used by the Council to raise the threat level to Code Orange
in each of the six instances prior to July 2005, including—
(1) the criteria and standards used by the Coun-
cil in reaching its decision;
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(2) a description of deliberations and votes of the
Council were conducted, and whether any of the delib-
erations and votes have been transcribed or were oth-
erwise recorded in some manner;
(3) an explanation for the decision, on the sixth
occasion, for the threat level to remain elevated for 98
days, and what role, if any, staff of the White House
played in the decision to raise the level on that occa-
sion;
(4) a description of the direct and indirect costs
incurred by cities, States, or the Federal Government
after the threat level was raised to Code Orange on
each of the six occasions; and
(5) the recommendations of the Comptroller Gen-
eral of the United States, if any, for improving the
Homeland Security Advisory System, including rec-
ommendations regarding—
(A) measures that could be carried out to
build greater public awareness and confidence in
the work of the Council;
(B) whether the Council and the Secretary
of Homeland Security could benefit from greater
transparency and the development of more clear-
ly articulated public standards in the threat level
decision-making process;
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(C) whether the current composition of the
Council should be modified to include representa-
tives from the States; and
(D) the measures that could be carried out
to minimize the costs to States and municipali-
ties during periods when the Homeland Security
Advisory System is raised to level to Code Or-
ange.
(d) The report required by subsection (b) shall be sub-
mitted in an unclassified form.
SEC. 540. STRENGTHENING SECURITY AT NUCLEAR
POWER PLANTS. (a) FINDINGS.—The Senate finds that—
(1) A taped interview shown on al-Jazeera tele-
vision on September 10, 2002, included a statement
that al-Qaeda initially planned to include a nuclear
power plant in its 2001 attacks on the United States.
(2) In the 108th Congress, the Senate Environ-
ment and Public Works Committee approved bipar-
tisan legislation to improve nuclear plant security.
No action was taken by the full Senate.
(3) Last month, the Senate Environment and
Public Works Committee again approved bipartisan
legislation to improve nuclear plant security.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Congress should pass bipartisan legislation to
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address nuclear power plant security prior to the August
recess.
SEC. 541. SENSE
OF
THE
SENATE
REGARDING
THREAT ASSESSMENT OF MAJOR TOURIST ATTRACTIONS.
(a) FINDINGS.—The Senate finds that:
(1) Whereas terrorists target areas of high popu-
lation and national significance in order to inflict the
most damage to a free society.
(2) Whereas preparedness is vital in emergency
planning, prevention and response to a terrorist at-
tack.
(3) Whereas first responders in cities with na-
tionally significant tourist populations face increased
strain in training and preparation for terrorism.
(4) Whereas cities with nationally significant
tourist populations have been previously targeted by
terrorist groups in an effort to disrupt the economy
and spread fear and anxiety.
(5) Whereas tens of millions of Americans travel
to tourist destinations annually and many of those
destinations lie outside of major cities and therefore
are not adequately addressed by threat assessments
that only include permanent city residents.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that in the assessment of threat as it relates to the dis-
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persal of Department of Homeland Security funding the
Secretary should consider tourism destinations that attract
tens of millions of visitors annually as potentially high risk
targets.
TITLE VI—HOMELAND SECURITY GRANT
ENHANCEMENT
SEC. 601. SHORT TITLE. This title may be cited as
the ‘‘Homeland Security Grant Enhancement Act of 2005’’.
SEC. 602. INTERAGENCY COMMITTEE TO COORDINATE
AND STREAMLINE HOMELAND SECURITY GRANT PRO-
GRAMS. (a) IN GENERAL.—Title VIII of the Homeland Se-
curity Act of 2002 (6 U.S.C. 361 et seq.) is amended by
inserting after section 801 the following:
‘‘SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE AND
STREAMLINE HOMELAND SECURITY GRANT
PROGRAMS.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—Consistent with section 871,
the Secretary, in coordination with the Attorney Gen-
eral, the Secretary of Health and Human Services,
the Secretary of Transportation, the Administrator of
the Environmental Protection Agency, and other
agencies providing assistance for emergency response
provider preparedness, as identified by the President,
shall establish the Interagency Committee to Coordi-
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nate and Streamline Homeland Security Grant Pro-
grams (referred to in this subtitle as the ‘Interagency
Committee’).
‘‘(2) COMPOSITION.—The Interagency Committee
shall be composed of—
‘‘(A) at least 2 representatives of the De-
partment, including a representative of the
United States Fire Administration;
‘‘(B) a representative of the Department of
Health and Human Services;
‘‘(C) a representative of the Department of
Transportation;
‘‘(D) a representative of the Department of
Justice;
‘‘(E) a representative of the Environmental
Protection Agency;
‘‘(F) at least 2 State Governors, or their
designees, or other local or tribal officials; and
‘‘(G) a representative of any other depart-
ment or agency determined to be necessary by
the President.
‘‘(3) RESPONSIBILITIES.—The Interagency Com-
mittee shall—
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‘‘(A) provide any findings to the Informa-
tion Clearinghouse established under section
801(c);
‘‘(B) consult with State and local govern-
ments and emergency response providers regard-
ing their homeland security needs and capabili-
ties;
‘‘(C) advise the Secretary on the develop-
ment of performance measures for homeland se-
curity and other first responder assistance pro-
grams;
‘‘(D) compile a list of homeland security
and other first responder assistance programs;
‘‘(E) not later than 1 year after the date of
enactment of the Homeland Security Grant En-
hancement Act of 2005—
‘‘(i) develop a proposal to coordinate,
to the maximum extent practicable, the
planning, reporting, application, and other
guidance documents contained in homeland
security assistance programs to—
‘‘(I) eliminate all redundant and
duplicative requirements and onerous
application and ongoing reporting re-
quirements;
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‘‘(II) ensure accountability of the
programs to the intended purposes of
such programs;
‘‘(III) coordinate expenditures of
grant funds to avoid duplicative or in-
consistent purchases; and
‘‘(IV) make the programs as user
friendly as possible for applicants, in-
cluding reducing lapsed time between
grant applications, decisions and pay-
ments, easing fund matching require-
ments, and improving application
guidance; and
‘‘(ii) submit the proposal developed
under clause (i) to—
‘‘(I) the President;
‘‘(II) the Committee on Homeland
Security and Governmental Affairs of
the Senate; and
‘‘(III) the Committee on Home-
land Security of the House of Rep-
resentatives; and
‘‘(F) otherwise promote the coordination of
homeland security grant programs throughout
the Federal government.
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‘‘(b) ADMINISTRATION.—The Department shall provide
administrative support to the Interagency Committee,
which shall include—
‘‘(1) scheduling meetings;
‘‘(2) preparing agenda;
‘‘(3) maintaining minutes and records; and
‘‘(4) producing reports.
‘‘(c) CHAIRPERSON.—The Secretary shall designate a
chairperson of the Interagency Committee.
‘‘(d) MEETINGS.—The Interagency Committee shall
meet—
‘‘(1) at the call of the Secretary; or
‘‘(2) not less frequently than once every month.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
table of contents for the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is amended by inserting after the
item relating to section 801 the following:
‘‘Sec. 802. Interagency Committee to Coordinate and Streamline Homeland Secu-
rity Grant Programs.’’.
SEC. 603. STREAMLINING FEDERAL HOMELAND SECU-
RITY GRANT ADMINISTRATION. (a) DIRECTOR OF STATE
AND LOCAL GOVERNMENT COORDINATION AND PREPARED-
NESS.—Section 801(a) of the Homeland Security Act of
2002 (6 U.S.C. 361(a)) is amended to read as follows:
‘‘(a) ESTABLISHMENT.—
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‘‘(1) IN GENERAL.—There is established within
the Office of the Secretary the Office for State and
Local Government Coordination and Preparedness,
which shall oversee and coordinate departmental pro-
grams for, and relationships with, State and local
governments.
‘‘(2) EXECUTIVE DIRECTOR.—The Office estab-
lished under paragraph (1) shall be headed by the Ex-
ecutive Director of State and Local Government Co-
ordination and Preparedness, who shall be appointed
by the President, by and with the advice and consent
of the Senate.’’.
(b) OFFICE
FOR DOMESTIC PREPAREDNESS.—The
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended—
(1) by redesignating section 430 as section 803
and transferring that section to the end of subtitle A
of title VIII, as amended by section 602; and
(2) in section 803, as redesignated by paragraph
(1)—
(A) in subsection (a), by striking ‘‘the Di-
rectorate of Border and Transportation Secu-
rity’’ and inserting ‘‘the Office for State and
Local Government Coordination and Prepared-
ness’’;
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(B) in subsection (b), by striking ‘‘who shall
be appointed by the President’’ and all that fol-
lows and inserting ‘‘who shall report directly to
the Executive Director of State and Local Gov-
ernment Coordination and Preparedness.’’; and
(C) in subsection (c)—
(i) in paragraph (7)—
(I) by striking ‘‘other’’ and insert-
ing ‘‘the’’; and
(II) by striking ‘‘consistent with
the mission and functions of the Direc-
torate’’;
(ii) in paragraph (8)—
(I) by inserting ‘‘carrying out’’
before ‘‘those elements’’; and
(II) by striking ‘‘and’’ at the end;
(iii) in paragraph (9), by striking the
period at the end and inserting ‘‘; and’’;
and
(iv) by adding at the end the following:
‘‘(10) managing the Homeland Security Infor-
mation 
Clearinghouse 
established 
under 
section
801(c).’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
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(1) TABLE OF CONTENTS.—The table of contents
for the Homeland Security Act of 2002 (6 U.S.C. 101
et seq.) is amended—
(A) by striking the item relating to section
430;
(B) by amending the item relating to sec-
tion 801 to read as follows:
‘‘Sec. 801. Office of State and Local Government Coordination and Prepared-
ness.’’;
and
(C) by inserting after the item relating to
section 802, as added by this title, the following:
‘‘Sec. 803. Office for Domestic Preparedness.’’.
(2) SECTION
HEADING.—Section 801 of the
Homeland Security Act of 2002 (6 U.S.C. 361) is
amended by striking the section heading and insert-
ing the following:
‘‘SEC. 801. OFFICE OF STATE AND LOCAL GOVERNMENT CO-
ORDINATION AND PREPAREDNESS.’’.
(d) ESTABLISHMENT OF HOMELAND SECURITY INFOR-
MATION CLEARINGHOUSE.—Section 801 of the Homeland
Security Act of 2002 (6 U.S.C. 361), as amended by sub-
section (a), is further amended by adding at the end the
following:
‘‘(c) HOMELAND SECURITY INFORMATION CLEARING-
HOUSE.—
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‘‘(1) 
ESTABLISHMENT.—There 
is 
established
within the Office for State and Local Government Co-
ordination and Preparedness a Homeland Security
Information Clearinghouse (referred to in this section
as the ‘Clearinghouse’), which shall assist States, local
governments, and emergency response providers in ac-
cordance with paragraphs (2) through (6).
‘‘(2) HOMELAND
SECURITY
GRANT
INFORMA-
TION.—The Clearinghouse shall create a new website
or enhance an existing website, establish a toll-free
number, and produce a single publication that each
contain information regarding the homeland security
grant programs administered by the Department.
‘‘(3) TECHNICAL
ASSISTANCE.—The Clearing-
house, in consultation with the Interagency Com-
mittee established under section 802, shall provide in-
formation regarding technical assistance provided by
any Federal agency to States and local governments
relating to homeland security matters, including tem-
plates for conducting threat analyses and vulner-
ability assessments.
‘‘(4) BEST PRACTICES.—The Clearinghouse shall
work with States, local governments, emergency re-
sponse providers, the National Domestic Preparedness
Consortium, the National Memorial Institute for the
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Prevention of Terrorism, and private organizations to
gather, validate, and disseminate information regard-
ing successful State and local homeland security pro-
grams and practices.
‘‘(5) USE OF FEDERAL FUNDS.—The Clearing-
house shall compile information regarding equipment,
training, and other services that can be purchased
with Federal funds provided under homeland security
grant programs and make such information, and in-
formation regarding voluntary standards of training,
equipment, and exercises, available to States, local
governments, and emergency response providers.
‘‘(6) OTHER INFORMATION.—The Clearinghouse
shall provide States, local governments, and emer-
gency response providers with any other information
that the Secretary determines necessary.’’.
SEC. 604. ESSENTIAL CAPABILITIES FOR FIRST RE-
SPONDERS
AND
THREAT-BASED
HOMELAND
SECURITY
GRANT PROGRAM. (a) IN GENERAL.—The Homeland Secu-
rity Act of 2002 (6 U.S.C. 101 et seq.) is amended by add-
ing at the end the following:
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‘‘TITLE XVIII—ESSENTIAL CAPA-
BILITIES 
FOR 
FIRST 
RE-
SPONDERS 
AND 
THREAT-
BASED HOMELAND SECURITY
GRANT PROGRAM
‘‘SEC. 1801. DEFINITIONS.
‘‘In this title, the following definitions shall apply:
‘‘(1) DIRECTLY ELIGIBLE TRIBE.—The term ‘di-
rectly eligible tribe’ means—
‘‘(A) any Indian tribe, as that term is de-
fined in section 4(e) of the Indian Self-Deter-
mination and Education Assistance Act (25
U.S.C. 450b(e)), that—
‘‘(i) is located in the continental
United States;
‘‘(ii) operates a law enforcement or
emergency response agency with the capac-
ity to respond to calls for law enforcement
or emergency services;
‘‘(iii) is located—
‘‘(I) on, or within 10 miles of, an
international border or a coastline bor-
dering an ocean or international wa-
ters;
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‘‘(II) within 5 miles of critical in-
frastructure or having critical infra-
structure within its territory; or
‘‘(III) within or contiguous to 1 of
the 50 largest metropolitan statistical
areas in the United States; and
‘‘(iv) certifies to the Secretary that a
State or eligible metropolitan region is not
making funds distributed under this title
available to the Indian tribe or consortium
of Indian tribes for the purpose for which
the Indian tribe or consortium of Indian
tribes is seeking grant funds; and
‘‘(B) a consortium of Indian tribes if each
tribe satisfies the requirements of subparagraph
(A).
‘‘(2) ELIGIBLE
METROPOLITAN
REGION.—The
term ‘eligible metropolitan region’ means the fol-
lowing:
‘‘(A) IN GENERAL.—A combination of 2 or
more incorporated municipalities, counties, par-
ishes, or Indian tribes within a metropolitan re-
gion that includes the city in that metropolitan
region with the largest population. Such eligible
metropolitan region may include additional local
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governments outside the metropolitan region that
are likely to be affected by, or be called upon to
respond to, a terrorist attack or other cata-
strophic event within the metropolitan region.
‘‘(B) OTHER
COMBINATIONS.—Any other
combination of contiguous local governments that
are formally certified by the Secretary as an eli-
gible metropolitan region for purposes of this
title with the consent of the State or States in
which such local governments are located.
‘‘(3) ESSENTIAL
CAPABILITIES.—The term ‘es-
sential capabilities’ means the levels, availability, and
competence of emergency personnel, planning, train-
ing, and equipment across a variety of disciplines
needed to effectively and efficiently prevent, prepare
for, and respond to threatened or actual domestic ter-
rorist attacks and other catastrophic events.
‘‘(4) INDIAN
TRIBE.—The term ‘Indian tribe’
means an entity described under section 2(10)(B).
‘‘(5) METROPOLITAN REGION.—The term ‘metro-
politan region’ means—
‘‘(A) any of the 100 largest metropolitan
statistical areas in the United States, as defined
by the Office of Management and Budget; or
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‘‘(B) any combined statistical area, as de-
fined by the Office of Management and Budget,
of which any metropolitan statistical area cov-
ered by subparagraph (A) is a part.
‘‘(6) 
POPULATION.—The 
term 
‘population’
means population according to the most recent United
States census population estimates available at the
start of the relevant fiscal year.
‘‘(7) POPULATION
DENSITY.—The term ‘popu-
lation density’ means population divided by land
area in square miles.
‘‘(8) SLIDING SCALE BASELINE ALLOCATION.—
The term ‘sliding scale baseline allocation’ means
0.001 multiplied by the sum of—
‘‘(A) the value of a State’s population rel-
ative to that of the most populous of the 50
States of the United States, where the population
of such States has been normalized to a max-
imum value of 100; and
‘‘(B) one-fourth of the value of a State’s
population density relative to that of the most
densely populated of the 50 States of the United
States, where the population density of such
States has been normalized to a maximum value
of 100.
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‘‘(9) 
THREAT-BASED
HOMELAND
SECURITY
GRANT
PROGRAM.—The term ‘Threat-Based Home-
land Security Grant Program’ means the program es-
tablished under section 1804.
‘‘SEC. 1802. PRESERVATION OF PRE-9/11 GRANT PROGRAMS
FOR TRADITIONAL FIRST RESPONDER MIS-
SIONS.
‘‘(a) IN GENERAL.—This title shall not be construed
to affect any authority to award grants under any Federal
grant program listed under subsection (b), which existed on
September 10, 2001, to enhance traditional missions of
State and local law enforcement, firefighters, ports, emer-
gency medical services, or public health missions.
‘‘(b) PROGRAMS NOT AFFECTED.—The programs re-
ferred to in subsection (a) are the following:
‘‘(1) The Firefighter Assistance Program author-
ized under section 33 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229) and pro-
grams under section 34 of that Act (15 U.S.C.
2229a).
‘‘(2) All grant programs authorized under the
Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121 et seq.), including the
Emergency Management Performance Grant Program
and the Urban Search and Rescue Grant program.
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‘‘(3) The Justice Assistance Grants authorized
under part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.)
(commonly known as the Edward Byrne Memorial
State and Local Law Enforcement Assistance Pro-
grams).
‘‘(4) The Public Safety and Community Policing
(COPS ON THE BEAT) Grant Program authorized
under part Q of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd et
seq.).
‘‘(5) Grant programs under the Public Health
Service Act regarding preparedness for bioterrorism
and other public health emergencies and the Emer-
gency Response Assistance Program authorized under
section 1412 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2312).
‘‘SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPOND-
ERS.
‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPABILITIES.—
‘‘(1) IN GENERAL.—Building upon the national
preparedness guidance issued by the Secretary, the
Secretary shall establish clearly defined essential ca-
pabilities for State and local governments, in con-
sultation with—
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‘‘(A) the Task Force on Essential Capabili-
ties for First Responders established under sub-
section (d);
‘‘(B) the Under Secretaries for Emergency
Preparedness and Response (including represent-
atives of the United States Fire Administration),
Border and Transportation Security, Informa-
tion Analysis and Infrastructure Protection, and
Science and Technology, and the Executive Di-
rector of the Office for State and Local Govern-
ment Coordination and Preparedness;
‘‘(C) the Secretary of Health and Human
Services;
‘‘(D) other appropriate Federal agencies;
‘‘(E) State and local emergency response
providers;
‘‘(F) State and local officials; and
‘‘(G) consensus-based standard making or-
ganizations responsible for setting standards rel-
evant to the first responder community.
‘‘(2) DEADLINES.—The Secretary shall—
‘‘(A) establish essential capabilities under
paragraph (1) within 30 days after receipt of the
first report under subsection (d)(3); and
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‘‘(B) regularly update such essential capa-
bilities as necessary, but not less than every 3
years.
‘‘(3) PROVISION OF ESSENTIAL CAPABILITIES.—
The Secretary shall ensure that a detailed description
of the essential capabilities established under para-
graph (1) is provided promptly to the States and to
Congress. The States shall make the description of the
essential capabilities available as appropriate to local
governments within their jurisdictions.
‘‘(b) OBJECTIVES.—The Secretary shall ensure that es-
sential capabilities established under subsection (a)(1) meet
the following objectives:
‘‘(1) SPECIFICITY.—The determination of essen-
tial capabilities shall describe specifically the train-
ing, planning, personnel, and equipment that dif-
ferent types of communities in the Nation should pos-
sess, or to which they should have access, in order to
meet the Department’s goals for preparedness based
upon—
‘‘(A) the national preparedness goal, the
target capabilities list, and the national pre-
paredness guidance;
‘‘(B) the most current risk assessment avail-
able by the Directorate for Information Analysis