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request payment under section 2006(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. 
2004. 
RISK-BASED 
EVALUATION 
AND 
PRIORITIZATION. 
‘‘(a) PRIORITIZATION OF GRANT APPLICATIONS.— 
‘‘(1) FACTORS TO BE CONSIDERED.—The Sec-
retary 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 capabilities of the appli-
cants on a nationwide basis, lessen the threat to, 
vulnerability of, and consequences for persons (in-
cluding transient commuting and tourist popu-
lations) and critical infrastructure. Such evaluation 
and prioritization shall be based upon the most cur-
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rent risk assessment available by the Office of Intel-
ligence Analysis and the Office of Infrastructure 
Protection of the threats of terrorism against the 
United States. In establishing criteria for evaluating 
and prioritizing applications for covered grants, the 
Secretary shall coordinate with the National Advi-
sory Council established under section 508, the Di-
rector of the Federal Emergency Management Agen-
cy, the United States Fire Administrator, the Chief 
Intelligence Officer of the Department, the Assistant 
Secretary for Infrastructure Protection, and other 
Department officials as determined by the Secretary. 
‘‘(2) CRITICAL
INFRASTRUCTURE
SECTORS.— 
The Secretary specifically shall consider threats of 
terrorism 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. 
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‘‘(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 Secretary spe-
cifically shall consider the following types of threat 
to the critical infrastructure sectors described in 
paragraph (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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‘‘(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 Secretary shall take into account any 
other specific threat to a population (including a 
transient commuting or tourist population) or crit-
ical infrastructure sector that the Board has deter-
mined to exist. In evaluating the threat to a popu-
lation or critical infrastructure sector, the Secretary 
shall give greater weight to threats of terrorism 
based upon their specificity and credibility, including 
any pattern of repetition. 
‘‘(5) MINIMUM
AMOUNTS.—After evaluating 
and prioritizing grant applications under paragraph 
(1), the Department shall ensure that, for each fis-
cal 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 
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less than 0.25 percent of the funds available for 
covered grants for that fiscal year for purposes 
of implementing its homeland security plan; 
‘‘(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; 
‘‘(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 
plan; 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 
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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 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— 
‘‘(A) having a significant international 
land border; or 
‘‘(B) adjoining a body of water within 
North America through which an international 
boundary line extends. 
‘‘(b) 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 (a)(5) of this section. 
‘‘(c) RELATIONSHIP
TO OTHER PROGRAMS.—This 
section shall be carried out in consultation with the Sec-
retary of Health and Human Services. Nothing in this sec-
tion affects the scope of authority of the Secretary of 
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Health and Human Services, including such authority 
under the Public Health Service Act. 
‘‘SEC. 2005. 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 hardware and 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; 
‘‘(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-
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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; 
‘‘(C) the temporary replacement of per-
sonnel during any period of travel to and par-
ticipation in exercises and training in the use of 
equipment and on prevention activities; and 
‘‘(D) the hiring of staff to serve as intel-
ligence analysts to strengthen information and 
intelligence sharing capabilities; 
‘‘(8) the costs of equipment (including software) 
required to receive, transmit, handle, and store clas-
sified information; 
‘‘(9) protecting critical infrastructure against 
potential attack by the addition of barriers, fences, 
gates, and other such devices that are constructed 
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consistent with the requirements of section 6(j)(9) of 
the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5196(j)(9), except 
that the cost of such measures may 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 
10 percent of the total amount of the covered 
grant; 
‘‘(10) the costs of commercially available inter-
operable communications equipment (that, where ap-
plicable, is based on national, voluntary consensus 
standards) that the Secretary, in consultation with 
the Assistant Secretary for Emergency Communica-
tions, deems best suited to facilitate interoperability, 
coordination, and integration between and among 
emergency communications systems, and that com-
plies with prevailing grant guidance of the Depart-
ment for interoperable communications; 
‘‘(11) educational curricula development for 
first responders to ensure that they are prepared for 
terrorist attacks; 
‘‘(12) training and exercises to assist public ele-
mentary and secondary schools in developing and 
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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; 
‘‘(13) 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; 
‘‘(14) Public safety answering points; 
‘‘(15) paying for the conduct of any activity 
permitted under the Law Enforcement Terrorism 
Prevention Program, or any such successor to such 
program; and 
‘‘(16) 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; 
‘‘(3) to acquire land; or 
‘‘(4) for any State or local government cost- 
sharing contribution. 
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‘‘(c) INTELLIGENCE ANALYSTS.—An individual hired 
to serve as an intelligence analyst under subsection 
(a)(7)(D) must meet at least one of the following criteria: 
‘‘(1) The individual has successfully completed 
training that meets the standards of the Inter-
national Association of Law Enforcement Intel-
ligence Analysts to ensure baseline proficiency in in-
telligence analysis and production. 
‘‘(2) The individual has previously served in a 
Federal intelligence agency as an intelligence analyst 
for at least two years. 
‘‘(d) MULTIPLE-PURPOSE FUNDS.—Nothing in this 
section shall be construed to preclude State and local gov-
ernments from using covered grant funds in a manner 
that also enhances first responder preparedness for emer-
gencies and disasters unrelated to acts of terrorism, if 
such use assists such governments in achieving capabilities 
for terrorism preparedness established by the Secretary. 
‘‘(e) REIMBURSEMENT OF COSTS.— 
‘‘(1) PAID-ON-CALL
OR
VOLUNTEER
REIM-
BURSEMENT.—In addition 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 com-
pensated for travel to or participation in training 
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