[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5910 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5910

   To amend the Homeland Security Act of 2002 to provide funding for 
emergency planning and management and emergency response providers, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2006

Ms. Loretta Sanchez of California introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure, and 
   in addition to the Committees on Energy and Commerce and Homeland 
Security, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend the Homeland Security Act of 2002 to provide funding for 
emergency planning and management and emergency response providers, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preparedness First Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Communities face risks to their security and safety 
        every day from all different hazards. Whether the risk is great 
        for an earthquake, a flood, or a fire, communities that do the 
        most coordinated, all-encompassing, thorough emergency planning 
        and training will be most ready for any hazard, including 
        crisis response in the event of a terrorism event.
            (2) By placing the largest Federal priority on emergency 
        planning, followed by more specific Federal assistance for 
        State homeland security programs, mass casualty medical 
        responses and targeted terrorist attacks, the Department of 
        Homeland Security can focus State and local goals so that 
        communities are the most prepared for the most broad sense of 
        emergency, preparation that can be tailored to any type of 
        hazard faced.
            (3) General preparedness for any natural disaster helps 
        preparedness for all disasters.
            (4) The lessons learned from Hurricane Katrina showed that 
        the regional structures of the Department of Homeland Security 
        must be built up and that regional offices are means of 
        fostering State, local and private sector integration.
            (5) The 9/11 Discourse Project, made up of Members of the 
        9/11 Commission, gave Congress and the Department of Homeland 
        Security, in their final report dated December 5, 2005, a 
        failing grade on the distribution of homeland security funding.
            (6) When programs operate out of regional offices, closer 
        relationships are developed among all levels of government.
            (7) The Federal response to Hurricane Katrina showed the 
        Department of Homeland Security lacked sufficient field 
        capabilities.

SEC. 3. PREPAREDNESS FIRST.

    The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended 
by adding at the end the following new title:

         ``TITLE XVIII--FUNDING EMERGENCY PLANNING AND RESPONSE

``SEC. 1801. DEFINITIONS.

    ``In this title:
            ``(1) The term `covered grant' means any grant to which 
        this title applies under section 1802.
            ``(2) The term `directly eligible tribe' means any Indian 
        tribe or consortium of Indian tribes that--
                    ``(A) meets the criteria for inclusion in the 
                qualified applicant pool for self-governance that are 
                set forth in section 402(c) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                458bb(c));
                    ``(B) employs at least 10 full-time personnel in a 
                law enforcement or emergency response agency with the 
                capacity to respond to calls for law enforcement or 
                emergency services; and
                    ``(C)(i) is located on, or within 5 miles of, an 
                international border or waterway;
                    ``(ii) is located within 5 miles of a facility 
                designated as high-risk critical infrastructure by the 
                Secretary;
                    ``(iii) is located within or contiguous to one of 
                the 50 largest metropolitan statistical areas in the 
                United States; or
                    ``(iv) has more than 1,000 square miles of Indian 
                country, as that term is defined in section 1151 of 
                title 18, United States Code.
            ``(3) The term `Director' means the Director of the Federal 
        Emergency Management Agency.
            ``(4) The term `emergency preparedness' means all those 
        activities and measures designed or undertaken to prepare for 
        or minimize the effects of a hazard upon the civilian 
        population, to deal with the immediate emergency conditions 
        which would be created by the hazard, and to effectuate 
        emergency repairs to, or the emergency restoration of, vital 
        utilities and facilities destroyed or damaged by the hazard. 
        Such term includes the following:
                    ``(A) Measures to be undertaken in preparation for 
                anticipated hazards (including the establishment of 
                appropriate organizations, operational plans, and 
                supporting agreements, the recruitment and training of 
                personnel, the conduct of research, the procurement and 
                stockpiling of necessary materials and supplies, the 
                provision of suitable warning systems, the construction 
                or preparation of shelters, shelter areas, and control 
                centers, and, when appropriate, the nonmilitary 
                evacuation of the civilian population).
                    ``(B) Measures to be undertaken during a hazard 
                (including the enforcement of passive defense 
                regulations prescribed by duly established military or 
                civil authorities, the evacuation of personnel to 
                shelter areas, the control of traffic and panic, and 
                the control and use of lighting and civil 
                communications).
                    ``(C) Measures to be undertaken following a hazard 
                (including activities for fire fighting, rescue, 
                emergency medical, health, and sanitation services, 
                monitoring for specific dangers of special weapons, 
                unexploded bomb reconnaissance, essential debris 
                clearance, emergency welfare measures, and immediately 
                essential emergency repair or restoration of damaged 
                vital facilities).
            ``(5) The term `essential capabilities' means the levels, 
        availability, and competence of emergency personnel, planning, 
        training, and equipment across a variety of disciplines needed 
        to effectively and efficiently prevent, prepare for, respond 
        to, and recover from acts of terrorism consistent with 
        established practices.
            ``(6) The term `region' means--
                    ``(A) any geographic area consisting of all or 
                parts of 2 or more contiguous States, counties, 
                municipalities, or other local governments that have a 
                combined population of at least 1,650,000 or have an 
                area of not less than 20,000 square miles, and that, 
                for purposes of an application for a covered grant, is 
                represented by 1 or more governments or governmental 
                agencies within such geographic area, and that is 
                established by law or by agreement of 2 or more such 
                governments or governmental agencies in a mutual aid 
                agreement; or
                    ``(B) any other combination of contiguous local 
                government units (including such a combination 
                established by law or agreement of two or more 
                governments or governmental agencies in a mutual aid 
                agreement) that is formally certified by the Secretary 
                as a region for purposes of this Act with the consent 
                of--
                            ``(i) the State or States in which the 
                        units are located, including a multi-State 
                        entity established by a compact between two or 
                        more States; and
                            ``(ii) the incorporated municipalities, 
                        counties, and parishes that they encompass.
            ``(7) The term `terrorism preparedness' means any activity 
        designed to improve the ability to prevent, prepare for, 
        respond to, mitigate against, or recover from threatened or 
        actual terrorist attacks.

``SEC. 1802. PREPAREDNESS FIRST.

    ``(a) Covered Grants.--This title applies to grants provided by the 
Department to States, regions, or directly eligible tribes for the 
primary purpose of improving the ability of emergency response 
providers to prevent, prepare for, respond to, mitigate against, or 
recover from natural or manmade disasters, including threatened or 
actual terrorist attacks, especially those involving weapons of mass 
destruction, administered under the following programs of the 
Department, and to any successor to any of the following programs:
            ``(1) The Emergency Management Performance Grant program.
            ``(2) The State Homeland Security Grant Program.
            ``(3) The Metropolitan Medical Response System Program.
            ``(4) The Urban Search and Rescue Program.
            ``(5) The Urban Area Security Initiative.
    ``(b) Excluded Programs.--This title does not apply to or otherwise 
affect the following Federal grant programs or any grant under such a 
program:
            ``(1) Any Federal grant program that is not administered by 
        the Department.
            ``(2) The fire grant programs authorized by sections 33 and 
        34 of the Federal Fire Prevention and Control Act of 1974 (15 
        U.S.C. 2229-2229a).

``SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA.

    ``(a) Grant Eligibility.--Any State, region, or directly eligible 
tribe is eligible to apply for a covered grant.
    ``(b) Grant Criteria.--The Secretary shall award covered grants to 
assist States and local governments in achieving, maintaining, and 
enhancing the essential capabilities for emergency preparedness 
established by the Secretary.
    ``(c) Application for Grant.--
            ``(1) Deadlines for applications and awards.--To apply for 
        a covered grant for a fiscal year, a State, region, or directly 
        eligible tribe shall submit to the Secretary a application at 
        such time, in such manner, and containing such information as 
        is required under this subsection or as the Secretary may 
        reasonably require. The Secretary shall award covered grants 
        pursuant to all approved applications for a fiscal year early 
        in the year as is practicable, but not later than March 1 of 
        that year.
            ``(2) Availability of funds.--A covered grant awarded by 
        the Secretary for a fiscal year shall be available for 
        obligation through the end of the subsequent fiscal year.
            ``(3) Minimum contents of application.--The Secretary shall 
        require that each applicant include as part of an application 
        for a covered grant--
                    ``(A) the purpose for which the applicant seeks a 
                covered grant and the reason the applicant needs the 
                covered grant to meet the essential capabilities for 
                all-hazards preparedness within the State, region, or 
                directly eligible tribe to which the application 
                pertains;
                    ``(B) a description of how, by reference to an 
                applicable State emergency preparedness plan under 
                section 1804, the applicant intends to spend amounts 
                awarded under a covered grant, including any amount not 
                intended to be distributed under section 1806(f)(1), 
                would assist in fulfilling the essential capabilities 
                for all-hazards preparedness specified in such plan;
                    ``(C) a statement of whether a mutual aid agreement 
                would apply to the use of all or any portion of the 
                covered grant funds;
                    ``(D) if the applicant is a State, a description of 
                how the State plans to allocate the covered 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 
                        participating and nonparticipating local 
                        governments within the geographical area 
                        comprising that region;
                            ``(ii) a specification of what governmental 
                        entity within the region will administer the 
                        expenditure of funds under the covered grant; 
                        and
                            ``(iii) a designation of a specific 
                        individual to serve as regional liaison;
                    ``(F) a capital budget showing how the applicant 
                intends to allocate and expend the covered 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 intends to 
                meet the matching requirement, if any, that applies 
                under section 1806(f)(2).
            ``(4) Regional applications.--
                    ``(A) Relationship to state applications.--A 
                regional application--
                            ``(i) shall be coordinated with an 
                        application submitted by the State or States of 
                        which such region is a part;
                            ``(ii) shall supplement and avoid 
                        duplication with such State application; and
                            ``(iii) shall address the unique regional 
                        aspects of such region's terrorism preparedness 
                        needs beyond those provided for in the 
                        application of such State or States.
                    ``(B) State review and submission.--
                            ``(i) Submission of application to state.--
                        To ensure the consistency required under 
                        section 1804(d) and the coordination required 
                        under subparagraph (A), the Secretary shall 
                        require an applicant that is a region to submit 
                        an application 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.
                            ``(ii) State submission to 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 inconsistent 
                        with the State's homeland security plan and 
                        provides an explanation of the reasons for the 
                        inconsistency.
                    ``(C) Distribution of regional awards.--
                            ``(i) Distribution to state.--If the 
                        Secretary approves a regional application, then 
                        the Secretary shall distribute a regional award 
                        to the State or States submitting the 
                        applicable regional application under 
                        subparagraph (B).
                            ``(ii) State distribution to region.--Each 
                        such State shall, not later than the end of the 
                        45-day period beginning on the date on which 
                        the region receives the award, distribute 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 respect to such regional 
                        application.
                            ``(iii) Limitation on state retention of 
                        funds.--In no such case shall the State or 
                        States distribute to the region less than 80 
                        percent of the regional award.
                    ``(D) Certifications regarding distribution of 
                grant funds to regions.--Any State that receives a 
                regional award under subparagraph (C) shall certify to 
                the Secretary, not later than 30 days after the 
                expiration of the 45-day period described in 
                subparagraph (C)(ii) 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 distribute a regional 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(g)(2), the 
                region may petition the Secretary to receive directly 
                the portion of the regional award that is required to 
                be distributed to such region under subparagraph (C).
            ``(5) Tribal applications.--
                    ``(A) Submission to the state or states.--To ensure 
                the consistency required under section 1804(d), an 
                applicant that is a directly eligible tribe must submit 
                its application to each State within the boundaries of 
                which any part of such tribe is located for direct 
                submission to the Department along with the application 
                of such State or States.
                    ``(B) Opportunity for state comment.--Before 
                awarding any covered grant to a directly eligible 
                tribe, the Secretary shall provide an opportunity to 
                each State within the boundaries of which any part of 
                such tribe is located to comment to the Secretary on 
                the consistency of the tribe's application with the 
                State's homeland security plan. Any such comments shall 
                be submitted to the Secretary concurrently with the 
                submission of the State and tribal applications.
                    ``(C) Final authority.--The Secretary shall have 
                final authority to determine the consistency of any 
                application of a directly eligible tribe with the 
                applicable State emergency preparedness plan or plans, 
                and to approve any application 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 (3)(G) shall--
                            ``(i) coordinate with Federal, State, 
                        local, regional, and private-sector officials 
                        concerning 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) Tribes not receiving direct grants.--An 
                Indian tribe that does not receive a grant directly 
                under this section is eligible to 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 described in subsection (C). If a State fails to 
                comply with section 1806(f)(1), the tribe may request 
                payment under section 1806(g)(3) in the same manner as 
                a local government.
            ``(6) Equipment standards.--If an applicant for a covered 
        grant proposes to upgrade or purchase, with assistance provided 
        under the grant, new equipment or systems that do not meet or 
        exceed any applicable national voluntary consensus standards 
        established by the Secretary, 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.

``SEC. 1804. STATE EMERGENCY PREPAREDNESS PLANS.

    ``(a) Submission of Plans.--Except in the case of a covered grant 
under subsection (g), the Secretary shall require that any State 
applying to the Secretary for a covered grant submit to the Secretary a 
3-year State emergency preparedness plan in accordance with this 
section.
    ``(b) Plan Requirements.--Each State plan under this section 
shall--
            ``(1) describe the essential capabilities that communities 
        within the State should possess, or to which they should have 
        access, based upon the all-hazards risk factors relevant to 
        such communities, in order to meet the Department's goals for 
        all-hazards preparedness;
            ``(2) demonstrate the extent to which the State has 
        achieved the essential capabilities that apply to the State;
            ``(3) demonstrate the needs of the State necessary to 
        achieve, maintain, or enhance the essential capabilities that 
        apply to the State;
            ``(4) include a prioritization of such needs based on 
        threat, vulnerability, and consequence assessment factors 
        applicable to the State;
            ``(5) describe how the State intends--
                    ``(A) to address such needs at the city, county, 
                regional, tribal, State, and interstate level, 
                including a precise description of any regional 
                structure the State has established for the purpose of 
                organizing emergency activities funded by covered 
                grants;
                    ``(B) to use all Federal, State, and local 
                resources available for the purpose of addressing such 
                needs; and
                    ``(C) to give particular emphasis to regional 
                planning and cooperation, including the activities of 
                multi-jurisdictional planning agencies governed by 
                local officials, both within its jurisdictional borders 
                and with neighboring States;
            ``(6) with respect to the emergency preparedness of 
        emergency response providers, address the unique aspects of 
        terrorism as part of a comprehensive State emergency management 
        plan;
            ``(7) provides for coordination of response and recovery 
        efforts at the local level, including procedures for effective 
        incident command in conformance with the National Incident 
        Management System;
            ``(8) pursuant to State law, be in effect in all political 
        subdivisions of the State and be mandatory on them, and be 
        administered or supervised by a single State agency;
            ``(9) provide that the State shall share the financial 
        assistance with that provided by the Federal Government under 
        this section from any source determined by it to be consistent 
        with State law;
            ``(10) be consistent with Federal emergency preparedness 
        and response plans;
            ``(11) set forth a comprehensive and detailed State program 
        for preparation for and assistance following emergencies and 
        major disasters, including the provision of assistance to 
        individuals, businesses, and local governments;
            ``(12) provide for the development of State and local 
        emergency preparedness operational plans, pursuant to standards 
        approved by the Secretary;
            ``(13) provide for the employment of a full-time emergency 
        preparedness director, or deputy director, by the State;
            ``(14) provide for adoption of the Incident Command System 
        in emergency response in conformance with the National Incident 
        Management System;
            ``(15) provide for the appointment and training of 
        appropriate staff, the formulation of necessary regulations and 
        procedures, and the conducting of required exercises;
            ``(16) provide for adoption of a unified command structure 
        when multiple agencies or jurisdictions are involved in 
        emergency response;
            ``(17) provide that the State shall make such reports in 
        such form and content as the Secretary may require; and
            ``(18) make available to duly authorized representatives of 
        the Director of the Federal Emergency Management Agency and the 
        Comptroller General, books, records, and papers necessary to 
        conduct audits for the purposes of this section.
    ``(c) Consultation.--A State plan submitted under subsection (a) 
shall be developed in consultation with and subject to appropriate 
comment by local governments, emergency response providers within the 
State, and a regional representative from the Department.
    ``(d) Approval by Secretary.--The Secretary may not award any 
covered grant to a State until the Secretary has approved the 
applicable State emergency preparedness plan.
    ``(e) Revisions.--A State may revise the applicable State emergency 
preparedness plan approved by the Secretary under this subsection, 
subject to approval of the revision by the Secretary.
    ``(f) Consistency With State Plans.--The Secretary shall ensure 
that each covered grant is used to supplement and support, in a 
consistent and coordinated manner, any applicable State emergency 
preparedness plan.

``SEC. 1805. RISK-BASED EVALUATION AND PRIORITIZATION.

    ``(a) Prioritization of Grant Applications.--
            ``(1) Factors to be considered.--
                    ``(A) Evaluation and prioritization required.--The 
                Secretary shall evaluate and annually prioritize all 
                pending applications for covered grants based upon the 
                degree to which each application would, by achieving, 
                maintaining, or enhancing the essential capabilities of 
                the applicants on a nationwide basis, lessen the threat 
                to, vulnerability of, and consequences for persons 
                (including persons who are part of transient commuting 
                and tourist populations) and critical infrastructure.
                    ``(B) Use of current risk assessment.--Such 
                evaluation and prioritization shall be based upon the 
                most current risk assessment of the threats of 
                terrorism against the United States available from the 
                Directorate for Information Analysis and Infrastructure 
                Protection.
                    ``(C) Coordination.--The Secretary shall coordinate 
                with State, local, regional, and tribal officials in 
                establishing criteria for evaluating and prioritizing 
                applications for covered grants.
            ``(2) Critical infrastructure sectors.--In evaluating and 
        prioritizing grant applications under this section, the 
        Secretary shall consider natural and manmade threats to each of 
        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.
                    ``(K) Telecommunications.
                    ``(L) Transportation systems.
                    ``(M) Water.
                    ``(N) Dams.
                    ``(O) Commercial facilities.
                    ``(P) National monuments and icons.
            ``(3) Consideration of additional factors.--The Secretary 
        shall take into account any other specific threat to a 
        population (including a transient commuting or tourist 
        population) or critical infrastructure sector that the 
        Secretary 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 pattern of 
        repetition.
            ``(4) Minimum amounts.--After evaluating and prioritizing 
        State grant applications under paragraph (1), the Secretary 
        shall ensure that, for each fiscal year--
                    ``(A) except as provided in subparagraph (B), each 
                State, other than the Virgin Islands, American Samoa, 
                Guam, and the Northern Mariana Islands, that has an 
                approved State emergency preparedness plan receives not 
                less than 0.25 percent of the total amount of funds 
                available for covered grants for that fiscal year to be 
                used to implement the homeland security plan of that 
                State in accordance with the prioritization of needs 
                under section 1804(a)(4);
                    ``(B) each State, other than the Virgin Islands, 
                American Samoa, Guam, and the Northern Mariana Islands, 
                that has an approved State emergency preparedness plan 
                and that meets an additional high-risk qualifying 
                criterion under paragraph (6) receives not less than 
                0.45 percent of the total amount of funds available for 
                covered grants for that fiscal year to be used to 
                implement the homeland security plan of that State in 
                accordance with the prioritization of needs under 
                section 1804(a)(4);
                    ``(C) each of the Virgin Islands, American Samoa, 
                Guam, and the Northern Mariana Islands receives not 
                less than 0.08 percent of the total amount of the funds 
                available for covered grants for that fiscal year to be 
                used to implement an approved homeland security plan in 
                accordance with the prioritization of needs under 
                section 1804(a)(4); and
                    ``(D) directly eligible tribes collectively receive 
                not less than 0.08 percent of the total amount of funds 
                available for covered grants for that fiscal year to be 
                used to address 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 the tribal land 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(c)(5) or does not approve at least one such 
                application.
            ``(5) Additional high-risk qualifying criteria.--For 
        purposes of paragraph (5)(B), an additional high-risk 
        qualifying criterion is either of the following:
                    ``(A) Having a significant international land 
                border.
                    ``(B) Adjoining a body of water within North 
                America through which an international boundary line 
                extends.
    ``(b) Effect of Regional Awards on State Minimum.--Any regional 
award, or portion thereof, provided to a State under section 
1803(c)(4)(C) shall not be considered in calculating the minimum State 
award under subsection (a)(5).

``SEC. 1806. PROHIBITED USES OF COVERED GRANT FUNDS AND ACCOUNTABILITY 
              REQUIREMENTS.

    ``(a) Prohibited Uses.--A covered grant may not be used--
            ``(1) to supplant State or local funds;
            ``(2) to construct buildings or other physical facilities;
            ``(3) to acquire land; or
            ``(4) for any State or local government cost sharing 
        contribution.
    ``(b) Multiple-Purpose Funds.--Nothing in this section shall be 
construed to preclude State and local governments from using covered 
grant funds in a manner that enhances emergency response provider 
preparedness for emergencies and disasters unrelated to acts of 
terrorism, if such use assists such governments in achieving essential 
capabilities for terrorism preparedness established by the Secretary.
    ``(c) Reimbursement of Costs.--
            ``(1) Stipends for volunteer training.--A covered grant may 
        be used to provide a reasonable stipend to paid-on-call or 
        volunteer emergency response providers who are not otherwise 
        compensated for travel to or participation in training covered 
        by this section. Any such reimbursement shall not be considered 
        compensation for purposes of rendering such a emergency 
        response provider an employee under the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 201 et seq.).
            ``(2) Performance of federal duties.--An applicant for a 
        covered grant may petition the Secretary for the reimbursement 
        of the cost of any activity relating to prevention (including 
        detection) of, preparedness for, response to, or recovery from 
        acts of terrorism that is a Federal duty that is usually 
        performed by a Federal agency and that is being performed by a 
        State or local government under an agreement with a Federal 
        agency.
    ``(d) Assistance Requirement.--The Secretary may not require that 
equipment paid for, wholly or in part, with funds provided through a 
covered grant be made available by the grant recipient to another 
State, region, or locality for the purpose of responding to an 
emergency in that State, region, or locality, unless the Secretary pays 
the costs directly attributable to transporting and operating such 
equipment during such response.
    ``(e) Flexibility in Unspent Homeland Security Grant Funds.--Upon 
request by the recipient of a covered grant, the Secretary may 
authorize that recipient to use grant funds for purposes authorized 
under this section that are not specified in the recipient's grant 
agreement, if the Secretary determines that the use of grant funds for 
such purposes is in the interest of homeland security.
    ``(f) State, Regional, and Tribal Responsibilities.--
            ``(1) Availability of funds and resources.--By not later 
        than the end of the 45-day period beginning on the date a 
        recipient of a covered grant that is a State receives covered 
        grant funds, the Secretary shall require such recipient to 
        obligate or otherwise make available to local governments, 
        emergency response providers, and other local groups, to the 
        extent required under the State emergency preparedness plan or 
        plans specified in the application for the grant--
                    ``(A) not less than 80 percent of the amount of the 
                grant; and
                    ``(B) resources purchased with the grant funds 
                having a value equal to at least 80 percent of the 
                amount of the grant.
            ``(2) Cost sharing.--
                    ``(A) Cost sharing requirement.--The Federal share 
                of the costs of any activity carried out using a 
                covered grant made to a State, region, or directly 
                eligible tribe that is awarded after the date that is 
                two years after the date of the enactment of this 
                section shall not exceed 75 percent.
                    ``(B) Transition rule.--The Federal share of the 
                costs of an activity carried out with a covered grant 
                awarded during the period beginning on the date of the 
                enactment of this section and ending on the date that 
                is two years after the date of the enactment of this 
                section shall be 100 percent.
                    ``(C) In-kind matching.--Each recipient of a 
                covered grant may meet the cost sharing requirement 
                under subparagraph (A) by making in-kind contributions 
                of goods or services that are directly linked with the 
                purpose for which the grant is made, including any 
                necessary personnel overtime, contractor services, 
                administrative costs, equipment fuel and maintenance, 
                and rental space.
            ``(3) Certifications regarding distribution of grant funds 
        to local governments.--Any State that receives a covered grant 
        shall certify to the Secretary, by not later than 30 days after 
        the expiration of the period described in paragraph (1) with 
        respect to the grant, that the State has made available for 
        expenditure by local governments, emergency response providers, 
        and other local groups the required amount of grant funds 
        pursuant to paragraph (1).
            ``(4) Quarterly report on homeland security spending.--The 
        Federal share described in paragraph (2)(a) may be increased by 
        up to 2 percent for any State, region, or directly eligible 
        tribe that, not later than 30 days after the end of each fiscal 
        quarter, submits to the Secretary a report on the expenditures 
        of the recipient using covered grant funds during that fiscal 
        quarter. Each such report must include, for each recipient of a 
        covered grant and each local government, emergency response 
        provider, or other local group to which covered grant funds are 
        made available under paragraph (1)--
                    ``(A) the amount obligated to that recipient in 
                that quarter;
                    ``(B) the amount expended by that recipient in that 
                quarter; and
                    ``(C) a summary description of the items purchased 
                by the recipient, local government, emergency response 
                provider, or other local group using such amount.
            ``(5) Annual reports on homeland security spending.--
                    ``(A) In general.--The Secretary shall require each 
                recipient of a covered grant to submit an annual report 
                to the Secretary not later than 60 days after the end 
                of each fiscal year.
                    ``(B) Regions.--The Secretary shall require each 
                such recipient that is a region to submit the annual 
                report required under subparagraph (A) to each State of 
                which any part is included in the region at the same 
                time that the recipient submits such report to the 
                Secretary under such subparagraph.
                    ``(C) Directly eligible tribes.--The Secretary 
                shall require each recipient of a covered grant that is 
                a directly eligible tribe to submit the annual report 
                required under subparagraph (A) to each State within 
                the boundaries of which any part of such tribe tribal 
                land is located at the same time that the recipient 
                submits such report to the Secretary under such 
                subparagraph.
                    ``(D) Contents of reports.--Each report submitted 
                under this paragraph shall include each of the 
                following:
                            ``(i) The amount, ultimate recipients, and 
                        dates of receipt of all grant funds during the 
                        preceding fiscal year.
                            ``(ii) The amount and the dates of 
                        disbursements of all such funds expended in 
                        compliance with paragraph (1) or pursuant to 
                        mutual aid agreements or other sharing 
                        arrangements that apply within the State, 
                        region, or directly eligible tribe, as 
                        applicable, during the preceding fiscal year.
                            ``(iii) How the funds were utilized by each 
                        ultimate recipient or beneficiary during the 
                        preceding fiscal year.
                            ``(iv) The extent to which essential 
                        capabilities identified in the applicable State 
                        emergency preparedness plan or plans were 
                        achieved, maintained, or enhanced as the result 
                        of the expenditure of grant funds during the 
                        preceding fiscal year.
                            ``(v) The extent to which essential 
                        capabilities identified in the applicable State 
                        emergency preparedness plan or plans remain 
                        unmet.
            ``(6) Inclusion of restricted annexes.--A recipient of a 
        covered grant may submit to the Secretary an annex to the 
        annual report under paragraph (5) that is subject to 
        appropriate handling restrictions, if the recipient believes 
        that discussion in the report of unmet needs would reveal 
        sensitive but unclassified information.
            ``(7) Provision of reports to appropriate department 
        officials.--The Secretary shall ensure that each annual report 
        under paragraph (5) is provided to the Under Secretary for 
        Emergency Preparedness and Response and the Director of the 
        Office for Domestic Preparedness.
    ``(g) Incentives for Efficient Administration of Homeland Security 
Grants.--
            ``(1) Penalties for delay in passing through local share.--
        If a recipient of a covered grant that is a State fails to 
        distribute funds to local governments, emergency response 
        providers, and other local groups, as required under subsection 
        (f)(1), during the period specified under that subsection, the 
        Secretary may--
                    ``(A) reduce the amount of the grant by the amount 
                required to be distributed under subsection (f)(1);
                    ``(B) terminate the award of grant funds to the 
                recipient and transfer the amount required to be 
                distributed under subsection (f)(1) directly to the 
                local emergency response providers local governments, 
                and other local groups that were intended to receive 
                funding under that grant; or
                    ``(C) impose additional restrictions or burdens on 
                the recipient's use of funds under the grant, which may 
                include--
                            ``(i) prohibiting use of such funds to pay 
                        the grant recipient's grant-related overtime or 
                        other expenses;
                            ``(ii) requiring the grant recipient to 
                        distribute to local government beneficiaries 
                        all or a portion of grant funds that are not 
                        required to be distributed under subsection 
                        (f)(1); or
                            ``(iii) for each day that the grant 
                        recipient fails to distribute funds or 
                        resources in accordance with subsection (f)(1), 
                        reducing grant payments to the grant recipient 
                        from the portion of grant funds that is not 
                        required to be distributed under that 
                        subsection, except that the total amount of 
                        such reduction may not exceed 20 percent of the 
                        total amount of the grant.
            ``(2) Extension of period.--The Governor of a State may 
        request in writing that the Secretary extend the 45-day period 
        under section 1803(c)(4)(C)(ii) or subsection (f)(1) for an 
        additional 15-day period. The Secretary may approve such a 
        request, and may extend such period for one or more additional 
        15-day periods, if the Secretary determines that the resulting 
        delay will not have a significant detrimental impact on 
        terrorism preparedness efforts.
            ``(3) Provision of nonlocal share to local government.--
                    ``(A) In general.--The Secretary may pay to a local 
                government, emergency response provider, or other local 
                group for which funds are required to be obligated or 
                made available under subsection (f)(1), at the request 
                of such government, provider, or group, a portion of 
                the amount of a covered grant awarded to a State that 
                is required to obligate or make available such funds, 
                if--
                            ``(i) the local government, emergency 
                        response provider, or other local group 
                        certifies to the Secretary that it will use the 
                        amount paid to expedite planned enhancements to 
                        the emergency preparedness of the government, 
                        provider, or group, as described in any 
                        applicable State emergency preparedness plan or 
                        plans;
                            ``(ii) the State has failed to distribute 
                        funds or resources in accordance with 
                        subsection (f)(1); and
                            ``(iii) the local government, emergency 
                        response provider, or other local group 
                        complies with subparagraphs (B) and (C).
                    ``(B) Showing required.--Before distributing funds 
                to a local government, emergency response provider, or 
                other local group under this paragraph, the Secretary 
                shall require the local government, provider, or group 
                to demonstrate that--
                            ``(i) the local government, emergency 
                        response provider, or other local group is 
                        identified explicitly as an ultimate recipient 
                        or intended beneficiary in the approved grant 
                        application of the State that has failed to 
                        distribute funds to such local government, 
                        provider, or group;
                            ``(ii) that State included as part of the 
                        application for the grant submitted by the 
                        State a statement that the local government, 
                        emergency response provider, or other local 
                        group was intended to receive a severable 
                        portion of the overall grant for a specific 
                        purpose that is identified in the grant 
                        application;
                            ``(iii) the local government, emergency 
                        response provider, or other local group 
                        petitioned that State for the funds or 
                        resources after the expiration of the period 
                        during which the funds or resources were 
                        required to be distributed to the local 
                        government, provider, or group under subsection 
                        (f)(1); and
                            ``(iv) the local government, emergency 
                        response provider, or other local group did not 
                        receive the portion of the grant made to that 
                        State that was designated in the State grant 
                        application as being for the use or benefit of 
                        that local government, emergency response 
                        provider, or other local group.
                    ``(C) Effect of payment.--Payment of grant funds to 
                a local government, emergency response provider, or 
                other local group under this paragraph--
                            ``(i) shall not affect any payment to 
                        another local government, emergency response 
                        provider, or other local group under this 
                        paragraph; and
                            ``(ii) shall not prejudice consideration of 
                        a request for payment under this paragraph that 
                        is submitted by another local government, 
                        emergency response provider, or other local 
                        group.
                    ``(D) Deadline for action by secretary.--The 
                Secretary shall approve or disapprove each request for 
                payment under this paragraph by not later than 15 days 
                after the date the request is received by the 
                Department.
    ``(h) Reports to Congress.--Not later than January 31 of each year, 
the Secretary shall submit to Congress a report on homeland security 
grants during the preceding fiscal year. Each such report shall 
contain, with respect to such fiscal year--
            ``(1) a detailed description of the amount of Federal funds 
        provided as covered grants that were awarded to each State, 
        region, and directly eligible tribe;
            ``(2) information on the use of such grant funds by 
        grantees; and
            ``(3) a description of the national progress made in 
        achieving, maintaining, and enhancing the essential 
        capabilities established by the Secretary as a result of the 
        expenditure of covered grant funds; and
            ``(4) an estimate of the amount of funds required to 
        fulfill such capabilities nationwide.

``SEC. 1807. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

    ``(a) Establishment.--The Secretary shall establish the Emergency 
Management Performance Grants Program. Under the program, the Secretary 
shall make grants to States for emergency management performance in 
accordance with this section.
    ``(b) Use of Funds.--A recipient of a grant under this section 
shall use the grant for emergency preparedness, planning, training and 
administration through funding costs of--
            ``(1) training sessions to ensure accurate completion of 
        the needs assessment;
            ``(2) hiring of full or part-time staff, contractors, or 
        consultants to assist with the collection of the needs 
        assessment data and updating of the State strategic plan;
            ``(3) travel expenses;
            ``(4) meeting-related expenses;
            ``(5) implementing and managing programs for equipment 
        acquisition, training and exercises;
            ``(6) conducting local or regional strategy implementation 
        meetings;
            ``(7) hiring of full or part-time staff, contractors, or 
        consultants to assist with the implementation and 
        administration of a State homeland security strategic plan; or
            ``(8) the acquisition of authorized office equipment.
    ``(c) Technical Assistance for Development of Plans and Programs.--
            ``(1) Provision of technical assistance.--The Secretary, 
        acting through a regional representative of the Department, 
        shall provide technical assistance--
                    ``(A) to States for the purpose of developing 
                comprehensive plans and practicable programs for 
                preparation against all-hazards disasters, including 
                hazard reduction, avoidance, and mitigation;
                    ``(B) to individuals, businesses, and State, 
                tribal, and local governments to which a State has 
                provided grant funds in accordance with section 1805 
                for preparation and response following such disasters; 
                and
                    ``(C) to such State and local governments to plan 
                for recovery of damaged or destroyed public and private 
                facilities.
            ``(2) Advisory group.--Each regional representative of the 
        Department shall bring together a group of high level 
        officials, representing multiple disciplines from the State, 
        regional, and local levels to--
                    ``(A) establish expectations and priorities for 
                exercise activities;
                    ``(B) discuss how the State will implement its 
                emergency preparedness plan; and
                    ``(C) define how corrective actions flowing from 
                exercises will be addressed and tracked.
    ``(d) Grants Program for Development of Emergency Preparedness 
Plans and Programs.--
            ``(1) Authority.--Upon application by a State (including, 
        for purposes of this subsection, an authority created by an 
        interstate compact), the Secretary may make a grant to the 
        State to be used for the development of a State emergency 
        preparedness plan, program, or capability for disaster 
        preparedness and prevention under section 1804.
            ``(2) Amount of grant.--A grant under this subsection for a 
        fiscal year shall be in an amount not less than 0.25 percent of 
        the total amount of all grants awarded under the Emergency 
        Management Performance Grants Program for that fiscal year.
            ``(3) Eligibility.--To be eligible for a grant under this 
        section, a State shall certify to the Secretary that the State 
        has designated or created an agency to plan and administer a 
        State emergency preparedness plan.
            ``(4) Award of grants.--The Secretary may make a grant to a 
        State for necessary and essential State and local emergency 
        management personnel and administrative expenses associated 
        with the development of the State emergency preparedness plan.
    ``(e) Grants for Improvement, Maintenance, and Updating of State 
Plans.--The Secretary may make grants to States for improving, 
maintaining, and updating State emergency preparedness plans under 
section 1804. In addition to the allowable uses of funds under 
subsection (b), a State may use such a grant for the purpose of 
evaluating natural hazards and developing the programs and actions 
required to mitigate such hazards.
    ``(f) Utilization of Services of Other Agencies.--In carrying out 
the program under this section, the Secretary shall utilize the 
services of all appropriate Federal agencies, including the following 
services:
            ``(1) The preparation of disaster preparedness plans for 
        mitigation, warning, emergency operations, evacuation, 
        temporary housing, medical treatment and quarantine, 
        rehabilitation, and recovery.
            ``(2) Training and exercises.
            ``(3) Post-disaster critiques and evaluations.
            ``(4) The annual review of programs.
            ``(5) The coordination of Federal, State, and local 
        preparedness programs.
            ``(6) The application of science and technology.
            ``(7) Research.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            ``(1) $700,000,000 for each fiscal years 2007 through 2009; 
        and
            ``(2) such sums as may be necessary for each subsequent 
        fiscal year.
    ``(h) Prioritization of Grants.--In addition to the requirements 
under 1805(a), in prioritizing grants to States under this section, the 
Secretary shall take into consideration--
            ``(1) the criticality of the areas in each State that may 
        be affected by all-hazards disasters with respect to the 
        development of the total emergency preparedness readiness of 
        the Nation;
            ``(2) the relative state of development of emergency 
        preparedness readiness of each State;
            ``(3) the population of each State; and
            ``(4) such other factors as the Secretary shall prescribe.
    ``(i) Reallocation.--If the recipient of a grant under this Section 
does not expend the full amount of the grant before the last day of the 
fiscal year for which the grant is made, and such recipient does not 
apply to the Secretary for an extension under section 1806(g)(2) or 
otherwise receive permission from the Secretary to retain the grant 
funds after the last day of that fiscal year, such recipient shall 
reimburse the Secretary for the amount of the unused grant funds.
    ``(j) Restriction on Use of Funds.--Except as provided in section 
1806(e), grant funds awarded under this section may only be expended 
for a purpose described in this section.
    ``(k) Submission of Plan.--If a State fails to submit a plan under 
section 1804 within 90 days of the availability of funds, the Secretary 
may reallocate the grant funds allocated to that State, or any portion 
of such funds, among the other States that received grants for that 
fiscal year in such amounts as the Secretary determines best assure the 
adequate development of the emergency preparedness capability of the 
Nation.

``SEC. 1808. STATE HOMELAND SECURITY GRANT PROGRAM.

    ``(a) Establishment.--The Secretary shall establish the State 
Homeland Security Grant Program to make grants to States to fund State 
homeland security material expenses related to all-hazards disaster 
response and recovery efforts as described in Federally approved State 
emergency preparedness plans under section 1804.
    ``(b) State Allocation of Funds.--A State that receives a grant 
under this section, shall allocate grant funds in accordance with the 
approved emergency preparedness plan of that State and obligate such 
funds to municipalities local governments, emergency response 
providers, and other local groups in accordance with this section and 
section 1805 not later than 45 days after the date on which the State 
receives the grant.
    ``(c) Use of Equipment Acquisition Funds.--A recipient of a grant 
under the State Homeland Security Grant Program shall use the grant to 
enhance the capabilities of State and local emergency response 
providers through the acquisition of--
            ``(1) personal protective equipment;
            ``(2) explosive device mitigation and remediation 
        equipment;
            ``(3) chemical, biological, radiological, nuclear and 
        explosive search and rescue equipment, incident response 
        vehicles, logistical support, and reference materials;
            ``(4) interoperable communications equipment;
            ``(5) detection equipment;
            ``(6) decontamination equipment;
            ``(7) physical security enhancement equipment;
            ``(8) terrorism incident prevention equipment;
            ``(9) medical supplies and limited types of 
        pharmaceuticals; or
            ``(10) other equipment as determined by the Secretary.
    ``(d) Allocation of Funds.--For each fiscal year, the Secretary 
shall make a grant under this section to each State that submits an 
application in an amount equal to not less than 0.025 percent of the 
total amount awarded under the State Homeland Security Grant Program 
for that fiscal year.
    ``(e) Prioritization of Grants.--In prioritizing grants to States 
under this section, the Secretary shall consider--
            ``(1) the criticality of the areas in each State that may 
        be affected by all-hazards disasters;
            ``(2) the risk, vulnerability, threat, and unmet 
        capabilities of each State (as determined by the Secretary); 
        and
            ``(3) such other factors as the Secretary shall prescribe.
    ``(f) Restriction on Use of Funds.--Except as provided in section 
1806(e), an amount awarded or allocated to a State under this section 
may only be expended for a purpose described in this section.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            ``(1) $633,000,000 for each fiscal years 2007 through 2009; 
        and
            ``(2) such sums as may be necessary for each subsequent 
        fiscal year.

``SEC. 1809. METROPOLITAN MEDICAL RESPONSE SYSTEM (MMRS) GRANT PROGRAM.

    ``(a) The Secretary is authorized to establish a grant program to 
assist highly populated jurisdictions (as determined by the Secretary) 
to achieve enhanced capabilities necessary to meet medical logistical 
challenges posed by mass casualty event, including, but not limited to 
emergency medical quarantine and evacuation.
    ``(b) Metropolitan Medical Response System grants are authorized to 
assist highly populated areas (as determined by the Secretary) in 
funding the cost of--
            ``(1) developing medical response plans, which include 
        input from medical volunteers, public and private health care 
        professionals, first responders, emergency managers, and are 
        consistent with federally-approved State emergency preparedness 
        plans under section 1806;
            ``(2) conduct training and exercises;
            ``(3) acquire pharmaceuticals; and
            ``(4) personal protective equipment.
    ``(c) MMRS teams shall obtain pharmaceuticals sufficient to provide 
care for at least 1,000 victims of a chemical incident and for 10,000 
victims for the first 48 hours of response to a biological event.
    ``(d) MMRS teams shall create local hospital and healthcare system 
plans that ensure surge capacity to accommodate 500 critically ill 
patients.
    ``(e) There is authorized to be appropriated for this section--
            ``(1) $60,000,000 for each fiscal years 2007 through 2009; 
        and
            ``(2) such sums as may be necessary for each subsequent 
        fiscal year.
    ``(f) Upon application by local government entities, the Secretary 
is authorized to make grants, not to be less than $250,000 in the 
aggregate to such jurisdiction (or 0.8% of the program total).
    ``(g) Regulations governing allocations to Jurisdictions shall give 
due regard to--
            ``(1) the criticality of the target and support areas and 
        the areas which may be affected by all-hazards disasters;
            ``(2) risk, vulnerability, threat, unmet capabilities (as 
        determined by the Secretary); and
            ``(3) such other factors as the Secretary shall prescribe.
    ``(h) Amounts paid to any jurisdiction or political subdivision 
under this section shall be expended solely for the purposes set forth 
in this section except as prescribed under section 1806(e).
    ``(i) Annual Reports.--The Secretary shall report annually to the 
Congress all contributions made pursuant to this section as prescribed 
in section 1806(h).

``SEC. 1810. URBAN AREA SECURITY INITIATIVE GRANT PROGRAM.

    ``(a) Establishment.--The Secretary shall establish the Urban Area 
Security Initiative Grant Program to make grants to States and local 
government entities that are designated by the Secretary as urban area 
security initiative jurisdictions in accordance with this section.
    ``(b) Eligibility.--To be eligible for a grant under this section 
an urban area security initiative jurisdiction shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information and assurances as the Secretary may 
require.
    ``(c) Use of Funds.--An urban area security initiative jurisdiction 
that is a recipient of a grant under this section shall use the grant 
to enhance emergency response provider capabilities in that urban area 
security initiative jurisdiction through funding the acquisition of--
            ``(1) personal protective equipment;
            ``(2) explosive device mitigation and remediation 
        equipment;
            ``(3) chemical, biological, radiological, nuclear and 
        explosive search and rescue equipment, incident response 
        vehicles, logistical support, and reference materials;
            ``(4) interoperable communications equipment;
            ``(5) detection equipment;
            ``(6) decontamination equipment;
            ``(7) physical security enhancement equipment;
            ``(8) terrorism incident prevention equipment;
            ``(9) medical supplies and limited types of 
        pharmaceuticals; or
            ``(10) other equipment as determined by the Secretary.
    ``(d) Allocation of Funds.--For each fiscal year, the Secretary 
shall make a grant to each eligible urban area security initiative 
jurisdiction in an amount equal to not less than the greater of--
            ``(1) $209,500; or
            ``(2) 0.025 percent of the total amount of all grants made 
        under the program for that fiscal year.
    ``(e) Prioritization of Grants.--In prioritizing grants awarded 
under this section, the Secretary shall consider--
            ``(1) the criticality of the areas in each eligible urban 
        area security initiative jurisdiction that may be affected by 
        an all-hazard disaster;
            ``(2) the risk, vulnerability, threat, and unmet 
        capabilities of each eligible urban area security initiative 
        jurisdiction (as determined by the Secretary); and
            ``(3) such other factors as the Secretary shall prescribe.
    ``(f) Restriction on Use of Funds.--Except as provided in section 
1806(e), the recipient of a grant under this section shall use the 
grant solely for a purpose described in this section.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            ``(1) $838,000,000 for each fiscal years 2007 through 2009; 
        and
            ``(2) such sums as may be necessary for each subsequent 
        fiscal year.

``SEC. 1811. OVERSIGHT.

    ``The Secretary shall establish in the Office for Domestic 
Preparedness an Office of the Comptroller to oversee the grants 
distribution process and the financial management of the Office for 
Domestic Preparedness.''.

SEC. 4. CLERICAL AMENDMENT.

    The table of contents in section 1(b) of such Act is amended by 
adding at the end the following:

         ``TITLE XVIII--FUNDING EMERGENCY PLANNING AND RESPONSE

``Sec. 1801. Definitions.
``Sec. 1802. Preparedness first.
``Sec. 1803. Covered grant eligibility and criteria.
``Sec. 1804. State emergency preparedness plans.
``Sec. 1805. Risk-based evaluation and prioritization.
``Sec. 1806. Prohibited uses of covered grant funds and accountability 
                            requirements.
``Sec. 1807. Emergency Management Performance Grants Program.
``Sec. 1808. State Homeland Security Grant Program.
``Sec. 1809. Metropolitan Medical Response System (MMRS) Grant Program.
``Sec. 1810. Urban Area Security Initiative Grant Program.
``Sec. 1811. Oversight.''.

SEC. 5. REPEAL OF SUPERSEDED PROVISION.

    Section 1014 of the USA PATRIOT ACT (Public Law 107-56) is 
repealed.
                                 <all>