[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6071 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6071

      To amend the USA PATRIOT Act to improve administration and 
    effectiveness of homeland security grant funding, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2006

 Mr. Sweeney introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
      To amend the USA PATRIOT Act to improve administration and 
    effectiveness of homeland security grant funding, 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 ``High Risk Terrorism Prevention 
Initiative of 2006''.

SEC. 2. AMENDMENTS TO.

    Section 1014 of the USA PATRIOT Act (42 U.S.C. 3711) is amended to 
read as follows:

``SEC. 1014. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC PREPAREDNESS 
              SUPPORT.

    ``(a) In General.--The Secretary of Homeland Security shall make a 
grant each fiscal year to each State for use, in conjunction with units 
of local government, to enhance the capability of State and local 
jurisdictions to prepare for and respond to terrorist acts including 
events of terrorism involving weapons of mass destruction and 
biological, nuclear, radiological, incendiary, chemical, and explosive 
devices.
    ``(b) Use of Grant Amounts.--
            ``(1) In general.--Grants under this section may be used 
        for any project that was eligible for a grant under any of the 
        programs referred to in paragraph (2) made with amounts 
        available for fiscal year 2006, including (as authorized by 
        such program)--
                    ``(A) to purchase needed equipment and to provide 
                training and technical assistance to State and local 
                first responders; and
                    ``(B) to construct, develop, expand, modify, 
                operate, or improve facilities to provide training or 
                assistance to State and local first responders.
            ``(2) Covered programs.--The programs referred to in 
        paragraph (1) are the following:
                    ``(A) The State Homeland Security Grants program of 
                the Department of Homeland Security carried out with 
                amounts appropriated for the Office for Domestic 
                Preparedness by title III of the Department of Homeland 
                Security Appropriations Act, 2006 under paragraph (1) 
                under the heading `State and local programs' (119 Stat. 
                2075).
                    ``(B) The Urban Area Security Initiative of the 
                Department of Homeland Security carried out with 
                amounts appropriated for the Office for Domestic 
                Preparedness by title III of the Department of Homeland 
                Security Appropriations Act, 2006 under paragraph 
                (2)(A) under the heading `State and local programs' 
                (119 Stat. 2075).
    ``(c) Terms and Conditions.--Except as otherwise provided in this 
section, a grant under this section for a project referred to in 
subsection (b)(1) shall be made under the same conditions, 
restrictions, and other terms that would apply if the grant were made 
under the program referred to in subsection (b)(2) with respect to the 
project.
    ``(d) Urban Area Security Initiative Grants.--
            ``(1) Purpose.--A grant under this section for a project 
        that was eligible under the Urban Area Security Initiative 
        referred to in subsection (b)(2) (in this subsection referred 
        to as a `UASI grant') shall be used by a high threat, high 
        density urban area, in conjunction with units of local 
        government, for the purpose of enhancing the capability of 
        State and local jurisdictions to deter, prepare for, and 
        respond to terrorist acts including catastrophic terrorist 
        attacks involving chemical, biological, radiological or nuclear 
        weapons (in this subsection referred to as `CBRN').
            ``(2) Authorized uses.--A UASI grant may be used in 
        accordance with this Act solely--
                    ``(A) to purchase equipment, to provide training, 
                to conduct exercises, to provide technical assistance 
                to State and local first responders, and to analyze 
                intelligence information;
                    ``(B) to construct, modify, or operate a facility 
                in major metropolitan areas that is designated by an 
                appropriate State and the Secretary of Homeland 
                Security as a critical homeland security emergency 
                operation node; and
                    ``(C) for CBRN terrorist prevention and deterrence 
                activities, including to pay full-time (including over-
                time) salaries of sworn law enforcement officers who 
                work exclusively on intelligence collection, analysis, 
                and prevention activities.
            ``(3) Allocation on basis of threat, vulnerability, and 
        consequences.--The Secretary may allocate funds for UASI grants 
        based on--
                    ``(A) a quantitative assessment of--
                            ``(i) the threats addressed by a grant;
                            ``(ii) the vulnerability off persons and 
                        critical infrastructure to such threats; and
                            ``(iii) the economic consequences if a CBRN 
                        attack occurs; and
                    ``(B) the sustainability and effectiveness of the 
                activities to be carried out with a grant, except that 
                the weight given to determinations under this 
                subparagraph may not exceed 10 percent of the total of 
                the weight given to all factors considered in awarding 
                UASI grants.
            ``(4) Priority for past cooperation.--In awarding UASI 
        grants, the Secretary shall give priority to grant applications 
        from persons who demonstrate past patterns of cooperation in 
        preventing CBRN attacks, among a minimum of 3 municipalities in 
        regions or States that adjoin the area where activities will be 
        carried out with the grants.
            ``(5) Limitations on eligibility of municipalities.--
                    ``(A) Prior receipt of grant.--
                            ``(i) Eligibility requirement.--A 
                        municipality shall not be eligible for a UASI 
                        grant for a fiscal year unless the municipality 
                        received such a grant for the preceding fiscal 
                        year.
                            ``(ii) Limitation on application of 
                        requirement.--Clause (i) shall not apply with 
                        respect to a municipality if the Secretary 
                        determines, based on consideration of threat, 
                        vulnerability, and consequence, that the 
                        municipality faces a greater threat of attack 
                        by terrorism than such threat faced by a 
                        recipient of a UASI grant for the preceding 
                        fiscal year.
                    ``(B) Eligibility based on threat, vulnerability, 
                and consequence.--A municipality may not be determined 
                to be eligible or ineligible for a UASI grant except on 
                the basis of threat, vulnerability, and consequence.
                    ``(C) Number.--The number of municipalities treated 
                as eligible for a UASI grant may not exceed 47.
                    ``(D) Sustainability and effectiveness.--For 
                purposes of paragraph (3)(B), activities proposed to be 
                carried out with a UASI grant to a municipality--
                            ``(i) shall not be considered sustainable 
                        unless the amount expended by the municipality 
                        during the 2 full fiscal years preceding the 
                        award of the grant to support full-time 
                        homeland security preparedness averaged at 
                        least $50,000,000 per fiscal year; and
                            ``(ii) shall not be considered effective 
                        unless the municipality demonstrates its 
                        ability to utilize equipment, technology, or 
                        intelligence received from the Federal 
                        Government on a 24-hours-per-day and 7-days-
                        per-week basis.
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to the Secretary of Homeland Security carry out this section 
        such sums as necessary for each of fiscal years 2007 through 
        2011.
            ``(2) Limitations.--Of the amount made available to carry 
        out this section for any fiscal year, not more than 3 percent 
        may be used by the Secretary for salaries and administrative 
        expenses.
            ``(3) Minimum amount.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each State shall be allocated in each 
                fiscal year under this section not less than 0.25 
                percent of the total amount appropriated for the fiscal 
                year for grants under this section.
                    ``(B) Territories.--Each of the United States 
                Virgin Islands, America Samoa, Guam, and the Northern 
                Mariana Islands shall be allocated in each fiscal year 
                under this section not less than 0.08 percent of the 
                total amount appropriated for the fiscal year for 
                grants under this section.''.
                                 <all>