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and Infrastructure Protection of the threats of
terrorism against the United States;
‘‘(C) the risks faced by different types of
communities, including communities of various
sizes, geographies, and other distinguishing char-
acteristics; and
‘‘(D) the principles of regional coordination
and mutual aid among State and local govern-
ments.
‘‘(2) FLEXIBILITY.—The establishment of essen-
tial capabilities shall be sufficiently flexible to allow
State and local government officials to set priorities
based on local or regional needs, while reaching na-
tionally determined preparedness levels within a spec-
ified time period.
‘‘(3) MEASURABILITY.—The establishment of es-
sential capabilities shall be designed to enable meas-
urement of progress toward specific terrorism pre-
paredness goals.
‘‘(4) COMPREHENSIVENESS.—The determination
of essential capabilities shall be made within the con-
text of a comprehensive State emergency management
system.
‘‘(c) FACTORS TO BE CONSIDERED.—In establishing
essential capabilities for different types of communities
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under subsection (a)(1), the Secretary specifically shall con-
sider the variables of threat, vulnerability, and consequences
with respect to population (including transient commuting
and tourist populations), areas of high population density,
critical infrastructure, coastline, and international borders.
Such consideration shall be based upon the most current
risk assessment available by the Directorate for Information
Analysis and Infrastructure Protection of the threats of ter-
rorism against the United States and the needs described
in the national preparedness guidance and the target capa-
bilities list.
‘‘(d) TASK FORCE ON ESSENTIAL CAPABILITIES FOR
FIRST RESPONDERS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN GENERAL.—To assist the Secretary
in establishing essential capabilities under sub-
section (a)(1), the Secretary shall establish an
advisory body under section 871(a) not later
than 60 days after the date of enactment of this
section, which shall be known as the Task Force
on Essential Capabilities for First Responders.
‘‘(B) TERMINATION.—Notwithstanding sec-
tion 871(b), the Task Force shall terminate 5
years after the date of its establishment, unless
the Secretary makes a written determination to
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extend the Task Force to a specified date, which
shall not be more than 5 years after the date on
which such determination is made. The Sec-
retary may make any number of subsequent ex-
tensions consistent with this subsection.
‘‘(2) PUBLIC COMMENT.—Not later than 90 days
after the date of enactment of this section, the Task
Force shall solicit comment on the establishment of es-
sential capabilities for State and local government
preparedness.
‘‘(3) REPORT.—
‘‘(A) IN
GENERAL.—Not later than 9
months after the establishment of the Task Force
by the Secretary, and every 3 years thereafter,
the Task Force shall submit to the Secretary a
report on its recommendations for essential ca-
pabilities for preparedness for terrorism.
‘‘(B) CONTENTS.—Each report shall—
‘‘(i) provide a thorough assessment of
the national preparedness guidance and
target capabilities list and recommenda-
tions for revisions;
‘‘(ii) include a priority ranking of es-
sential capabilities in order to provide
guidance to the Secretary and to Congress
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on determining the appropriate allocation
of, and funding levels for, first responder
needs;
‘‘(iii) set forth a methodology by which
any State or local government will be able
to determine the extent to which it possesses
or has access to the essential capabilities
that States and local governments having
similar risks should obtain; and
‘‘(iv) describe the availability of na-
tional voluntary consensus standards, and
whether there is a need for new national
voluntary consensus standards, with respect
to first responder training and equipment.
‘‘(C) 
COMPREHENSIVENESS.—The 
Task
Force shall ensure that, when recommending es-
sential capabilities for terrorism preparedness,
such recommendations are made within the con-
text of a comprehensive State emergency manage-
ment system.
‘‘(4) MEMBERSHIP.—
‘‘(A) IN GENERAL.—The Task Force shall
consist of 25 members appointed by the Sec-
retary, and shall, to the extent practicable, rep-
resent a geographic and substantive cross section
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of first responder disciplines from the State and
local 
government 
levels, 
including 
as
appropriate—
‘‘(i) members selected from the emer-
gency response field, including fire service
and law enforcement, hazardous materials
response, emergency medical services, and
emergency management personnel;
‘‘(ii) health scientists, emergency and
inpatient medical providers, and public
health professionals, including experts in
emergency health care response to chemical,
biological, radiological, and nuclear ter-
rorism, and experts in providing mental
health care during emergency response oper-
ations;
‘‘(iii) experts from Federal, State, and
local governments, and the private sector,
representing 
standards-setting 
organiza-
tions, including representatives from the
voluntary consensus codes and standards
development community, particularly those
with expertise in first responder disciplines;
and
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‘‘(iv) State and local officials with ex-
pertise in terrorism preparedness and other
emergency preparedness.
‘‘(B) COORDINATION
WITH
THE
DEPART-
MENT OF HEALTH AND HUMAN SERVICES.—In
the selection of members of the Task Force who
are health professionals, including emergency
medical professionals, the Secretary shall coordi-
nate the selection with the Secretary of Health
and Human Services.
‘‘(C) EX OFFICIO MEMBERS.—The Secretary
shall designate 1 or more officers of the Depart-
ment to serve as ex officio members of the Task
Force. One of the ex officio members from the De-
partment shall be the designated officer of the
Federal Government for purposes of subsection
(e) of section 10 of the Federal Advisory Com-
mittee Act (5 U.S.C. App.).
‘‘(5) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE
ACT.—Notwithstanding section 871(a), the
Federal Advisory Committee Act (5 U.S.C. App.), in-
cluding subsections (a), (b), and (d) of section 10 of
the Federal Advisory Committee Act, and section
552b(c) of title 5, United States Code, shall apply to
the Task Force.
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‘‘SEC. 1804. THREAT-BASED HOMELAND SECURITY GRANT
PROGRAM.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN
GENERAL.—There is established the
Threat-Based Homeland Security Grant Program,
which includes—
‘‘(A) formula-based grants for State and
local programs administered by the Office of
State and Local Government Coordination and
Preparedness, including the State Homeland Se-
curity Grant Program, and the Law Enforce-
ment Terrorism Prevention Program under sec-
tion 1014 of the USA PATRIOT ACT (42
U.S.C. 3714);
‘‘(B) discretionary grants for State and
local programs administered by the Office of
State and Local Government Coordination and
Preparedness for use in high-threat, high-density
urban areas, including the Urban Area Security
Initiative Program; and
‘‘(C) any successor program to any program
described in subparagraph (A) or (B).
‘‘(2) GRANTS AUTHORIZED.—The Secretary may
award grants to States and eligible metropolitan re-
gions under the Threat-Based Homeland Security
Grant Program to enhance homeland security.
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‘‘(3) RELATIONSHIP
TO
OTHER
LAWS.—The
Threat-Based Homeland Security Grant Program
shall be deemed to satisfy the requirements of section
1014 of the USA PATRIOT ACT (42 U.S.C. 3714).
The allocation of grants authorized under this section
shall be governed by the terms of this section and not
by any other provision of law.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Grants awarded under this
section—
‘‘(A) shall be used to address homeland secu-
rity matters related to acts of terrorism or cata-
strophic events, related capacity building, or oth-
erwise addressing shortfalls in essential capabili-
ties; and
‘‘(B) shall not be used to supplant ongoing
emergency response expenses or general protective
measures.
‘‘(2) ALLOWABLE USES.—Grants awarded under
this section may be used to achieve essential capabili-
ties through—
‘‘(A) developing State or regional plans or
risk assessments (including the development of
the homeland security plan under subsection (e))
to respond to terrorist attacks or other cata-
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strophic events and community wide plans for
responding to terrorist or catastrophic events
that are coordinated with the capacities of appli-
cable Federal, State, and local governments,
emergency response providers, and State and
local government health agencies;
‘‘(B) developing State, regional, or local
mutual aid agreements;
‘‘(C) purchasing, upgrading, storing, or
maintaining equipment based on State and local
needs as identified under a State homeland secu-
rity plan, consistent with essential capability
needs;
‘‘(D) conducting exercises to strengthen
emergency preparedness of State and local first
responders including law enforcement, fire-
fighting personnel, and emergency medical serv-
ice workers, and other emergency responders
identified in a State homeland security plan;
‘‘(E) paying for expenses relating to—
‘‘(i) overtime regarding training ac-
tivities consistent with the goals outlined in
a State homeland security plan; and
‘‘(ii) as determined by the Secretary,
overtime activities relating to an increase
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in the threat level under the Homeland Se-
curity Advisory System;
‘‘(F) promoting training relating to home-
land security preparedness including—
‘‘(i) emergency preparedness responses
to a use or threatened use of a weapon of
mass destruction; and
‘‘(ii) training in the use of equipment,
including detection, monitoring, and decon-
tamination equipment, and personal protec-
tive gear;
‘‘(G) conducting any activity permitted
under the Law Enforcement Terrorism Preven-
tion Grant Program under section 1014 of the
USA PATRIOT ACT (42 U.S.C. 3714); and
‘‘(H) any other activity relating to achiev-
ing essential capabilities approved by the Sec-
retary.
‘‘(3) PROHIBITED USES.—Grants awarded under
this section may not be used to construct buildings or
other physical facilities, except those described in sec-
tion 611 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196) and ap-
proved by the Secretary in the homeland security
plan certified under subsection (e), or to acquire land.
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‘‘(c) EQUIPMENT STANDARDS.—If an applicant for a
grant under this section proposes to upgrade or purchase,
with assistance provided under the grant, new equipment
or systems that do not meet or exceed any applicable na-
tional voluntary consensus standards established by the Sec-
retary under section 1807(a), the applicant shall include
in the application an explanation of why such equipment
or systems will serve the needs of the applicant better than
equipment or systems that meet or exceed such standards.
‘‘(d) APPLICATION.—
‘‘(1) STATES.—
‘‘(A) SUBMISSION.—A State may apply for
a grant under this section by submitting to the
Secretary an application detailing how requested
funds would be used to achieve essential capabili-
ties and containing such other information the
Secretary may reasonably require.
‘‘(B) REVISIONS.—A State may revise a
homeland security plan certified under sub-
section (e) at the time an application is sub-
mitted under subparagraph (A) after receiving
approval from the Secretary.
‘‘(C) APPROVAL.—The Secretary shall not
award a grant under this section unless—
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‘‘(i) the State submitting the applica-
tion has previously submitted a homeland
security plan meeting the requirements of
subsection (e); and
‘‘(ii) the Secretary finds that the report
submitted by the recipient under subsection
(g) demonstrates significant progress toward
achieving essential capabilities and meeting
the goals in the homeland security plan of
the State.
‘‘(D) RELEASE OF FUNDS.—The Secretary
shall release grant funds to States with approved
plans after the approval of an application sub-
mitted under this paragraph.
‘‘(2) ELIGIBLE METROPOLITAN REGIONS.—
‘‘(A) SUBMISSION.—An eligible metropoli-
tan region may apply for a grant under this sec-
tion by submitting an application through the
Governor of each State within which any part of
the relevant metropolitan region is located.
‘‘(B) CONTENTS.—An application under
this paragraph shall include—
‘‘(i) a description of how requested
funds would be used to achieve essential ca-
pabilities;
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‘‘(ii) an explanation of how the pro-
posed use of funds would be consistent with
the homeland security plans of all relevant
States;
‘‘(iii) a geographic description of the
eligible metropolitan region, including a list
of all local governments participating in the
application;
‘‘(iv) an explanation of how the appli-
cant intends to expend funds under the
grant, to administer such funds, and to al-
locate such funds among the participating
local governments;
‘‘(v) if not all of the incorporated mu-
nicipalities, counties, parishes, or Indian
tribes in a metropolitan region are partici-
pating in the application, or if additional
local governments outside the metropolitan
region are participating, an explanation of
why the eligible metropolitan region, as con-
stituted, is an appropriate unit to receive
grants to prevent, prepare for, and respond
to acts of terrorism and other catastrophic
events; and
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‘‘(vi) such other information the Sec-
retary may reasonably require.
‘‘(C) STATE REVIEW AND SUBMISSION.—
‘‘(i) IN GENERAL.—To ensure consist-
ency with State homeland security plans,
an eligible metropolitan region or a directly
eligible tribe applying for a grant under
this paragraph shall submit its application
to each State within which any part of the
eligible metropolitan region or directly eli-
gible tribe is located for review before sub-
mission of such application to the Sec-
retary.
‘‘(ii) DEADLINE.—Not later than 30
days after receiving an application from an
eligible metropolitan region or directly eli-
gible tribe, each such State shall transmit
the application to the Secretary.
‘‘(iii) STATE
DISAGREEMENT.—If the
Governor of any such State determines that
a regional or tribal application is incon-
sistent with the State homeland security
plan of that State, or otherwise does not
support the application, the Governor
shall—
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‘‘(I) notify the Secretary, in writ-
ing, of that fact; and
‘‘(II) provide an explanation of
the reasons for not supporting the ap-
plication at the time of transmission of
the application.
‘‘(e) HOMELAND SECURITY PLAN.—
‘‘(1) IN GENERAL.—A State applying for a grant
under this section shall have a 3-year State homeland
security plan (referred to in this subsection as the
‘plan’) to respond to terrorist attacks and other cata-
strophic events that has been approved by the Sec-
retary.
‘‘(2) CONTENTS.—The plan shall contain—
‘‘(A) a 3-year strategy to—
‘‘(i) ensure that the funds allocated to
local governments are used exclusively to
meet the needs and capabilities described
under paragraph (3)(C);
‘‘(ii) provide for interoperable commu-
nications;
‘‘(iii) provide for local coordination of
response and recovery efforts, including pro-
cedures for effective incident command in
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conformance with the National Incident
Management System;
‘‘(iv) ensure that first responders and
other emergency personnel have adequate
training and appropriate equipment for the
threats that may occur;
‘‘(v) provide for improved coordination
and collaboration among law enforcement,
fire, and public health authorities at Fed-
eral, State, local, and tribal government lev-
els;
‘‘(vi) coordinate emergency response
and public health plans;
‘‘(vii) mitigate risks to critical infra-
structure that may be vulnerable to terrorist
attacks;
‘‘(viii) promote regional coordination
among contiguous local governments;
‘‘(ix) 
identify 
necessary 
protective
measures by private owners of critical in-
frastructure;
‘‘(x) promote orderly evacuation proce-
dures when necessary;
‘‘(xi) ensure support from the public
health community for measures needed to
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prevent, detect, and treat bioterrorism, and
radiological and chemical incidents;
‘‘(xii) increase the number of local ju-
risdictions participating in local and state-
wide exercises; and
‘‘(xiii) meet preparedness goals as de-
termined by the Secretary;
‘‘(B) objective measures for assessing the ex-
tent to which the goals and objectives set forth in
paragraph (A) have been achieved;
‘‘(C) priorities for the allocation of funding
to local governments based on the risk, capabili-
ties, and needs described under paragraph
(3)(C); and
‘‘(D) a report from the relevant advisory
committee established under paragraph (3)(D)
that documents the areas of support, disagree-
ment, or recommended changes to the plan before
its submission to the Secretary.
‘‘(3) DEVELOPMENT PROCESS.—
‘‘(A) IN GENERAL.—In preparing the plan
under this section, a State shall—
‘‘(i) provide for the consideration of all
homeland security needs;
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‘‘(ii) follow a process that is con-
tinuing, inclusive, cooperative, and com-
prehensive, as appropriate; and
‘‘(iii) coordinate the development of the
plan with the homeland security planning
activities of local governments.
‘‘(B) COORDINATION WITH LOCAL PLANNING
ACTIVITIES.—The coordination under subpara-
graph (A)(iii) shall contain input from local
stakeholders, including—
‘‘(i) local officials, including represent-
atives of rural, high-population, and high-
threat jurisdictions and of Indian tribes;
‘‘(ii) emergency response providers;
and
‘‘(iii) private sector companies that
own or operate critical infrastructure.
‘‘(C) SCOPE
OF
PLANNING.—Each State
preparing a plan under this section shall, in
conjunction with the local stakeholders under
subparagraph (B), address all the information
requested by the Secretary, and complete a com-
prehensive assessment of—
‘‘(i) risk, including a—
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‘‘(I) vulnerability and consequence
assessment;
‘‘(II) threat assessment; and
‘‘(III) public health assessment, in
coordination with the State bioter-
rorism plan; and
‘‘(ii) capabilities and needs, consistent
with the essential capabilities established by
the Secretary, including—
‘‘(I) an evaluation of current pre-
paredness, mitigation, and response ca-
pabilities based on such assessment
mechanisms as shall be determined by
the Secretary;
‘‘(II) an evaluation of capabilities
needed to address the risks described
under clause (i); and
‘‘(III) an assessment of the short-
fall between the capabilities described
under subclause (I) and the required
capabilities described under subclause
(II).
‘‘(D) ADVISORY COMMITTEE.—
‘‘(i) IN
GENERAL.—Each State pre-
paring a plan under this section shall estab-
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lish an advisory committee to receive com-
ments from the public and the local stake-
holders identified under subparagraph (B).
‘‘(ii) COMPOSITION.—
‘‘(I) IN GENERAL.—The Advisory
Committee shall include—
‘‘(aa) local officials; and
‘‘(bb) 
emergency 
response
providers, which shall include rep-
resentatives of the fire service, law
enforcement, emergency medical
response, and emergency man-
agers.
‘‘(II) GEOGRAPHIC REPRESENTA-
TION.—The members of the Advisory
Committee shall be a representative
group of individuals from the counties,
cities, towns, and Indian tribes within
the State, including representatives of
rural, high-population, and high-threat
jurisdictions.
‘‘(4) PLAN APPROVAL.—The Secretary shall ap-
prove a plan upon finding that the plan meets the re-
quirements of—
‘‘(A) paragraphs (2) and (3); and
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‘‘(B) any other criteria the Secretary deter-
mines necessary to the approval of a State plan.
‘‘(5) REVIEW
OF
ADVISORY
COMMITTEE
RE-
PORT.—The Secretary shall review the recommenda-
tions of the advisory committee report incorporated
into a plan under subsection (e)(2)(D), including any
dissenting views submitted by advisory committee
members, to ensure cooperation and coordination be-
tween State and local government jurisdictions in
planning for the use of grant funds under this section.
‘‘(f) ALLOCATION.—
‘‘(1) SLIDING SCALE BASELINE DISTRIBUTION.—
‘‘(A) STATES.—Each State whose applica-
tion is approved under subsection (d) shall re-
ceive, for each fiscal year, the greater of—
‘‘(i) 0.55 percent of the amounts ap-
propriated for the Threat-Based Homeland
Security Grant Program; or
‘‘(ii) the State’s sliding scale baseline
allocation of 28.62 percent of the amounts
appropriated for the Threat-Based Home-
land Security Grant Program.
‘‘(B) OTHER
ENTITIES.—Notwithstanding
subparagraph (A)—
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‘‘(i) the District of Columbia shall re-
ceive for each fiscal year 0.55 percent of the
amounts appropriated for the Threat-Based
Homeland Security Grant Program;
‘‘(ii) the Commonwealth of Puerto Rico
shall receive for each fiscal year 0.35 per-
cent of the amounts appropriated for the
Threat-Based Homeland Security Grant
Program;
‘‘(iii) American Samoa, the Common-
wealth of the Northern Mariana Islands,
Guam, and the Virgin Islands shall each re-
ceive 0.055 percent of the amounts appro-
priated for the Threat-Based Homeland Se-
curity Grant Program; and
‘‘(iv) no possession of the United States
shall receive a baseline distribution under
subparagraph (A).
‘‘(2) URBAN
AREA
SECURITY
INITIATIVE
DIS-
TRIBUTION.—
‘‘(A) DISTRIBUTION.—After the distribution
under paragraph (1), the Secretary may allocate
up to 50 percent of the funds remaining to pro-
vide grants to eligible metropolitan regions and
directly eligible tribes.
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‘‘(B) CRITERIA.—
‘‘(i) IN GENERAL.—The Secretary shall
allocate the grants under this paragraph to
assist eligible metropolitan regions and di-
rectly eligible tribes to achieve essential ca-
pabilities to effectively prevent, prepare for,
and respond to acts of terrorism or other
catastrophic events.
‘‘(ii) PRIORITIZATION.—In prioritizing
among the applications of eligible metro-
politan regions and directly eligible tribes
for such funds, the Secretary shall consider
the relative threat, vulnerability, and con-
sequences faced by an eligible metropolitan
region or directly eligible tribe from a ter-
rorist attack, including consideration of—
‘‘(I) whether there has been a
prior terrorist attack in the eligible
metropolitan region or in the area in
which the directly eligible tribe is lo-
cated;
‘‘(II) whether any part of the eli-
gible metropolitan region or the area
in which the directly eligible tribe is
located has ever had a higher threat
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level under the Homeland Security Ad-
visory System than the threat level for
the United States as a whole;
‘‘(III) the population of the eligi-
ble metropolitan region or directly eli-
gible tribe, except that the Secretary
shall not establish a minimum popu-
lation requirement that would dis-
qualify from consideration a locality
that otherwise faces significant threats,
vulnerabilities, or consequences from
acts of terrorism;
‘‘(IV) the population density of
the eligible metropolitan region or the
area in which the directly eligible tribe
is located;
‘‘(V) the degree of threat, vulner-
ability, and consequence to the eligible
metropolitan region or directly eligible
tribe related to critical infrastructure
or key assets identified by the Sec-
retary or State homeland security
plan, including threats, vulnerabilities,
and consequences from critical infra-
structure in nearby jurisdictions;
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‘‘(VI) whether the eligible metro-
politan region or the area in which the
directly eligible tribe is located is at or
near an international border;
‘‘(VII) whether the eligible metro-
politan region or the area in which the
directly eligible tribe is located has a
coastline bordering ocean or inter-
national waters;
‘‘(VIII) 
threats, 
vulnerabilities,
and consequences faced by the eligible
metropolitan region or directly eligible
tribe related to at-risk sites or activi-
ties in nearby jurisdictions, including
the need to respond to terrorist attacks
arising in those jurisdictions;
‘‘(IX) the extent to which the eli-
gible metropolitan region or directly el-
igible tribe has unmet essential capa-
bilities;
‘‘(X) the extent to which the ap-
plication of the eligible metropolitan
region includes all incorporated mu-
nicipalities, counties, parishes, and In-