[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1013 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1013

To improve the allocation of grants through the Department of Homeland 
                   Security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2005

     Mrs. Feinstein (for herself, Mr. Cornyn, Mr. Lautenberg, Mrs. 
  Hutchison, Mrs. Boxer, Mr. Corzine, Mr. Schumer, Mrs. Clinton, Mr. 
  Nelson of Florida, and Mr. Kennedy) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To improve the allocation of grants through the Department of Homeland 
                   Security, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Funding Our Risks 
With Appropriate Resource Disbursement Act of 2005'' or the ``Homeland 
Security FORWARD Funding Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Risk-based funding for homeland security.
Sec. 3. Essential capabilities, task forces, and standards.
Sec. 4. Effective administration of homeland security grants.
Sec. 5. Implementation and definitions.

SEC. 2. RISK-BASED FUNDING FOR HOMELAND SECURITY.

    (a) Risk-Based Funding in General.--The Homeland Security Act of 
2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is amended by adding at 
the end the following:

        ``TITLE XVIII--RISK-BASED FUNDING FOR HOMELAND SECURITY

``SEC. 1801. RISK-BASED FUNDING FOR HOMELAND SECURITY.

    ``(a) Risk-Based Funding.--The Secretary shall ensure that homeland 
security grants are allocated based on an assessment of threat, 
vulnerability, and consequence to the maximum extent practicable.
    ``(b) 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 first responders to 
prevent, prepare for, respond to, or mitigate threatened or actual 
terrorist attacks, especially those involving weapons of mass 
destruction, and grants provided by the Department for improving 
homeland security, including the following:
            ``(1) State homeland security grant program.--The State 
        Homeland Security Grant Program of the Department, or any 
        successor to such grant program.
            ``(2) Urban area security initiative.--The Urban Area 
        Security Initiative of the Department, or any successor to such 
        grant program.
            ``(3) Law enforcement terrorism prevention program.--The 
        Law Enforcement Terrorism Prevention Program of the Department, 
        or any successor to such grant program.
            ``(4) Citizen corps program.--The Citizen Corps Program of 
        the Department, or any successor to such grant program.
    ``(c) Excluded Programs.--This title does not apply to or otherwise 
affect the following Federal grant programs or any grant under such a 
program:
            ``(1) Nondepartment programs.--Any Federal grant program 
        that is not administered by the Department.
            ``(2) Fire grant programs.--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).
            ``(3) Emergency management planning and assistance account 
        grants.--The Emergency Management Performance Grant program and 
        the Urban Search and Rescue Grants program authorized by title 
        VI of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5195 et seq.), the Departments of 
        Veterans Affairs and Housing and Urban Development, and 
        Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 
        et seq.), and the Earthquake Hazards Reduction Act of 1977 (42 
        U.S.C. 7701 et seq.).
    ``(d) Effect on Covered Grants.--Nothing in this Act shall be 
construed to require the elimination of a covered grant program.''.
    (b) Covered Grant Eligibility and Criteria.--The Homeland Security 
Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.), as amended by 
subsection (a), is amended by adding at the end the following:

``SEC. 1802. COVERED GRANT ELIGIBILITY AND CRITERIA.

    ``(a) Grant Eligibility.--
            ``(1) In general.--
                    ``(A) General eligibility.--Except as provided in 
                subparagraphs (B) and (C), any State, region, or 
                directly eligible tribe shall be eligible to apply for 
                a covered grant.
                    ``(B) Urban area security initiative.--Only a 
                region shall be eligible to apply for a grant under the 
                Urban Area Security Initiative of the Department, or 
                any successor to such grant program.
                    ``(C) State homeland security grant program.--Only 
                a State shall be eligible to apply for a grant under 
                the State Homeland Security Grant Program of the 
                Department, or any successor to such grant program.
            ``(2) Other grant applicants.--
                    ``(A) In general.--Grants provided by the 
                Department for improving homeland security, including 
                to seaports, airports, and other transportation 
                facilities, shall be allocated as described in section 
                1801(a).
                    ``(B) Consideration.--Such grants shall be 
                considered, to the extent determined appropriate by the 
                Secretary, pursuant to the procedures and criteria 
                established in this title, except that the eligibility 
                requirements of paragraph (1) shall not apply.
            ``(3) Certification of regions.--
                    ``(A) In general.--The Secretary shall certify a 
                geographic area as a region if--
                            ``(i) the geographic area meets the 
                        criteria under section 1807(10)(B) and (C); and
                            ``(ii) the Secretary determines, based on 
                        an assessment of threat, vulnerability, and 
                        consequence, that certifying the geographic 
                        area as a region under this title is in the 
                        interest of national homeland security.
                    ``(B) Existing urban area security initiative 
                areas.--Notwithstanding subparagraphs (B) and (C) of 
                section 1807(10), a geographic area that, on or before 
                the date of enactment of the Homeland Security FORWARD 
                Funding Act of 2005, was designated as a high-threat 
                urban area for purposes of the Urban Area Security 
                Initiative, shall be certified by the Secretary as a 
                region unless the Secretary determines, based on an 
                assessment of threat, vulnerability, and consequence, 
                that certifying the geographic area as a region is not 
                in the interest of national homeland security.
    ``(b) Grant Criteria.--In awarding covered grants, the Secretary 
shall assist States, local governments, and operators of airports, 
ports, or similar facilities in achieving, maintaining, and enhancing 
the essential capabilities established by the Secretary under section 
1803.
    ``(c) State Homeland Security Plans.--
            ``(1) Submission of plans.--The Secretary shall require 
        that any State applying to the Secretary for a covered grant 
        shall submit to the Secretary a 3-year State homeland security 
        plan that--
                    ``(A) demonstrates the extent to which the State 
                has achieved the essential capabilities that apply to 
                the State;
                    ``(B) demonstrates the needs of the State necessary 
                to achieve, maintain, or enhance the essential 
                capabilities that apply to the State;
                    ``(C) includes a prioritization of such needs based 
                on threat, vulnerability, and consequence assessment 
                factors applicable to the State;
                    ``(D) describes how the State intends--
                            ``(i) 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 homeland security 
                        preparedness activities funded by covered 
                        grants;
                            ``(ii) to use all Federal, State, and local 
                        resources available for the purpose of 
                        addressing such needs; and
                            ``(iii) to give particular emphasis to 
                        regional planning and cooperation, including 
                        the activities of multijurisdictional planning 
                        agencies governed by local officials, both 
                        within its jurisdictional borders and with 
                        neighboring States;
                    ``(E) is developed in consultation with and subject 
                to appropriate comment by local governments within the 
                State; and
                    ``(F) with respect to the emergency preparedness of 
                first responders, addresses the unique aspects of 
                terrorism as part of a comprehensive State emergency 
                management plan.
            ``(2) Approval by secretary.--The Secretary may not award 
        any covered grant to a State unless the Secretary has approved 
        the applicable State homeland security plan.
    ``(d) Consistency With State Plans.--The Secretary shall ensure 
that each covered grant is used to supplement and support, in a 
consistent and coordinated manner, the applicable State homeland 
security plan or plans.
    ``(e) Application for Grant.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, any State, region, directly eligible tribe, or 
        operator of an airport, port, or similar facility may apply for 
        a covered grant by submitting to the Secretary an application 
        at such time, in such manner, and containing such information 
        as is required under this subsection, or as the Secretary may 
        reasonably require.
            ``(2) Deadlines for applications and awards.--All 
        applications for covered grants shall be submitted at such time 
        as the Secretary may reasonably require for the fiscal year for 
        which they are submitted. The Secretary shall award covered 
        grants pursuant to all approved applications for such fiscal 
        year as soon as practicable, but not later than March 1 of such 
        year.
            ``(3) Availability of funds.--All funds awarded by the 
        Secretary under covered grants in a fiscal year shall be 
        available for obligation through the end of the subsequent 
        fiscal year.
            ``(4) Minimum contents of application.--The Secretary shall 
        require that each applicant include in its application, at a 
        minimum--
                    ``(A) the purpose for which the applicant seeks 
                covered grant funds and the reasons why the applicant 
                needs the covered grant to meet the essential 
                capabilities for terrorism preparedness within the 
                State, region, or directly eligible tribe or at the 
                airport, port, or similar facility to which the 
                application pertains;
                    ``(B) a description of how, by reference to the 
                applicable State homeland security plan or plans under 
                subsection (c), the allocation of grant funding 
                proposed in the application, including, where 
                applicable, the amount not passed through under section 
                1806(g)(1), would assist in fulfilling the essential 
                capabilities specified in such plan or plans;
                    ``(C) a statement of whether a mutual aid agreement 
                applies 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;
                            ``(iii) a designation of a specific 
                        individual to serve as regional liaison; and
                            ``(iv) a description of how the 
                        governmental entity administering the 
                        expenditure of funds under the covered grant 
                        plans to allocate the covered grant funds to 
                        States, local governments, and Indian tribes;
                    ``(F) a capital budget showing how the applicant 
                intends to allocate and expend the covered grant funds; 
                and
                    ``(G) if the applicant is a directly eligible 
                tribe, a designation of a specific individual to serve 
                as the tribal liaison.
            ``(5) 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) Opportunity for state review and comment.--
                            ``(i) In general.--To ensure coordination 
                        with an application submitted by a State or 
                        States, an applicant that is a region shall 
                        submit its application to each State within the 
                        boundaries of which any part of such region is 
                        located for review. Before awarding any covered 
                        grant to a region, the Secretary shall provide 
                        an opportunity to each State within the 
                        boundaries of which any part of such region is 
                        located to comment to the Secretary on the 
                        consistency of the region's application with 
                        the State's homeland security plan. Any such 
                        comments and the underlying regional 
                        application shall be submitted to the Secretary 
                        concurrently with the submission of the State 
                        and regional applications.
                            ``(ii) Final authority.--The Secretary 
                        shall have final authority to determine the 
                        consistency of any application of a region with 
                        the applicable State homeland security plan or 
                        plans, and to approve any application of such 
                        region. The Secretary shall notify each State 
                        within the boundaries of which any part of such 
                        region is located of the approval of an 
                        application by such region.
                    ``(C) Distribution of regional awards.--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), and each such State 
                shall, not later than the end of the 45-day period 
                beginning on the date after receiving a regional award, 
                pass through 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; Provided That, in no such case shall the 
                State or States pass through 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, by not later than 30 days after the 
                expiration of the period described in subparagraph (C) 
                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 pass through 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(h)(2), the 
                region may petition the Secretary to receive directly 
                the portion of the regional award that is required to 
                be passed through to such region under subparagraph 
                (C).
                    ``(F) Regional liaisons.--A regional liaison 
                designated under paragraph (4)(E)(iii) shall--
                            ``(i) coordinate with Federal, State, 
                        local, regional, and private officials within 
                        the region concerning terrorism preparedness;
                            ``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials within the region to 
                        assist in the development of the regional 
                        application and to improve the region's access 
                        to covered grants; and
                            ``(iii) administer, in consultation with 
                        State, local, regional, and private officials 
                        within the region, covered grants awarded to 
                        the region.
            ``(6) Tribal applications.--
                    ``(A) Submission to the state or states.--To ensure 
                the consistency required under subsection (d), an 
                applicant that is a directly eligible tribe shall 
                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 homeland security 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 (4)(G) shall--
                            ``(i) coordinate with Federal, State, 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
                            ``(ii) administer, in consultation with 
                        State, local, regional, and private officials, 
                        covered grants awarded to such tribe.
                    ``(E) Limitation on the number of direct grants.--
                The Secretary may make covered grants directly to not 
                more than 20 directly eligible tribes per fiscal year.
                    ``(F) 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(g)(1), the tribe may request 
                payment under section 1806(h)(3) in the same manner as 
                a local government.
            ``(7) Equipment standards.--If an applicant for a covered 
        grant proposes to upgrade or purchase, with assistance provided 
        under the grant, new equipment or systems that do not meet or 
        exceed any applicable national voluntary consensus standards 
        established by the Secretary under section 1805(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.
    ``(f) Homeland Security Grants Board.--
            ``(1) Establishment of board.--The Secretary shall 
        establish a Homeland Security Grants Board, consisting of--
                    ``(A) the Secretary;
                    ``(B) the Deputy Secretary of Homeland Security;
                    ``(C) the Under Secretary for Emergency 
                Preparedness and Response;
                    ``(D) the Under Secretary for Border and 
                Transportation Security;
                    ``(E) the Under Secretary for Information Analysis 
                and Infrastructure Protection;
                    ``(F) the Under Secretary for Science and 
                Technology; and
                    ``(G) the Director of the Office of State and Local 
                Government Coordination.
            ``(2) Chairman.--
                    ``(A) In general.--The Secretary shall be the 
                Chairman of the Board.
                    ``(B) Exercise of authorities by deputy 
                secretary.--The Deputy Secretary of Homeland Security 
                may exercise the authorities of the Chairman, if the 
                Secretary so directs.
            ``(3) Risk-based ranking of grant applications.--
                    ``(A) Prioritization of grants.--The Board--
                            ``(i) shall evaluate and annually 
                        prioritize all pending applications for covered 
                        grants based upon the degree to which they 
                        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 
                        and critical infrastructure; and
                            ``(ii) in evaluating the threat to persons 
                        and critical infrastructure for purposes of 
                        prioritizing covered grants, shall give greater 
                        weight to threats of terrorism based on their 
                        specificity and credibility, including any 
                        pattern of repetition.
                    ``(B) Minimum amounts.--
                            ``(i) In general.--After evaluating and 
                        prioritizing grant applications under 
                        subparagraph (A), the Board shall ensure that, 
                        for each fiscal year, each State that has an 
                        approved State homeland security plan receives 
                        no less than 0.25 percent of the funds 
                        available for the State Homeland Security Grant 
                        Program, as described in section 1801(b)(1), 
                        for that fiscal year for purposes of 
                        implementing its homeland security plan in 
                        accordance with the prioritization of 
                        additional needs under subsection (c)(1)(C).
                            ``(ii) Other entities.--Notwithstanding 
                        clause (i), the Board shall ensure that, for 
                        each fiscal year, American Samoa, the 
                        Commonwealth of the Northern Mariana Islands, 
                        Guam, and the Virgin Islands each receive 0.08 
                        percent of the funds available for the State 
                        Homeland Security Grant Program, as described 
                        in section 1801(b)(1), for that fiscal year for 
                        purposes of implementing its homeland security 
                        plan in accordance with the prioritization of 
                        additional needs under subsection (c)(1)(C).
            ``(4) Functions of under secretaries.--The Under 
        Secretaries referred to in paragraph (1) shall seek to ensure 
        that the relevant expertise and input of the staff of their 
        directorates are available to and considered by the Board.''.

SEC. 3. ESSENTIAL CAPABILITIES, TASK FORCES, AND STANDARDS.

    The Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 
et seq.), as amended by section 2, is amended by adding at the end the 
following:

``SEC. 1803. ESSENTIAL CAPABILITIES FOR HOMELAND SECURITY.

    ``(a) Establishment of Essential Capabilities.--
            ``(1) In general.--For purposes of covered grants, the 
        Secretary shall establish clearly defined essential 
        capabilities for State and local government preparedness for 
        terrorism, in consultation with--
                    ``(A) the Task Force on Essential Capabilities 
                established under section 1804;
                    ``(B) the Under Secretaries for Emergency 
                Preparedness and Response, Border and Transportation 
                Security, Information Analysis and Infrastructure 
                Protection, and Science and Technology, and the 
                Director of the Office of State and Local Government 
                Coordination;
                    ``(C) the Secretary of Health and Human Services;
                    ``(D) other appropriate Federal agencies;
                    ``(E) State and local first responder agencies and 
                officials; and
                    ``(F) consensus-based standard making organizations 
                responsible for setting standards relevant to the first 
                responder community.
            ``(2) Deadlines.--The Secretary shall--
                    ``(A) establish essential capabilities under 
                paragraph (1) within 30 days after receipt of the 
                report under section 1804(b); and
                    ``(B) regularly update such essential capabilities 
                as necessary, but not less than every 3 years.
            ``(3) Provision of essential capabilities.--The Secretary 
        shall ensure that a detailed description of the essential 
        capabilities established under paragraph (1) is provided 
        promptly to the States and to Congress. The States shall make 
        the essential capabilities available as necessary and 
        appropriate to local governments and operators of airports, 
        ports, and other similar facilities within their jurisdictions.
    ``(b) Objectives.--The Secretary shall ensure that essential 
capabilities established under subsection (a)(1) meet the following 
objectives:
            ``(1) Specificity.--The determination of essential 
        capabilities specifically shall describe the training, 
        planning, personnel, and equipment that different types of 
        communities in the Nation should possess, or to which they 
        should have access, in order to meet the Department's goals for 
        terrorism preparedness based upon--
                    ``(A) the most current risk assessment available by 
                the Directorate for Information Analysis and 
                Infrastructure Protection of the threats of terrorism 
                against the United States;
                    ``(B) the types of threats, vulnerabilities, 
                geography, size, and other factors that the Secretary 
                has determined to be applicable to each different type 
                of community; and
                    ``(C) the principles of regional coordination and 
                mutual aid among State and local governments.
            ``(2) Flexibility.--The establishment of essential 
        capabilities shall be sufficiently flexible to allow State and 
        local government officials to set priorities based on 
        particular needs, while reaching nationally determined 
        terrorism preparedness levels within a specified time period.
            ``(3) Measurability.--The establishment of essential 
        capabilities shall be designed to enable measurement of 
        progress toward specific terrorism preparedness goals.
            ``(4) Comprehensiveness.--The determination of essential 
        capabilities for terrorism preparedness shall be made within 
        the context of a comprehensive State emergency management 
        system.
    ``(c) Factors To Be Considered.--
            ``(1) In general.--In establishing essential capabilities 
        under subsection (a)(1), the Secretary specifically shall 
        consider the variables of threat, vulnerability, and 
        consequences with respect to the Nation's population (including 
        transient commuting and tourist populations) and critical 
        infrastructure. 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 terrorism against the United States.
            ``(2) Critical infrastructure sectors.--The Secretary 
        specifically shall consider threats of terrorism against the 
        following critical infrastructure sectors in all areas of the 
        Nation, urban and rural:
                    ``(A) Agriculture.
                    ``(B) Banking and finance.
                    ``(C) Chemical industries.
                    ``(D) The defense industrial base.
                    ``(E) Emergency services.
                    ``(F) Energy.
                    ``(G) Food.
                    ``(H) Government.
                    ``(I) Postal and shipping.
                    ``(J) Public health.
                    ``(K) Information and telecommunications networks.
                    ``(L) Transportation.
                    ``(M) Water.
        The order in which the critical infrastructure sectors are 
        listed in this paragraph shall not be construed as an order of 
        priority for consideration of the importance of such sectors.
            ``(3) Types of threat.--The Secretary specifically shall 
        consider the following types of threat to the critical 
        infrastructure sectors described in paragraph (2), and to 
        populations in all areas of the Nation, urban and rural:
                    ``(A) Biological threats.
                    ``(B) Nuclear threats.
                    ``(C) Radiological threats.
                    ``(D) Incendiary threats.
                    ``(E) Chemical threats.
                    ``(F) Explosives.
                    ``(G) Suicide bombers.
                    ``(H) Cyber threats.
                    ``(I) Any other threats based on proximity to 
                specific past acts of terrorism or the known activity 
                of any terrorist group.
        The order in which the types of threat are listed in this 
        paragraph shall not be construed as an order of priority for 
        consideration of the importance of such threats.
            ``(4) Consideration of additional factors.--In establishing 
        essential capabilities under subsection (a)(1), 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.

``SEC. 1804. TASK FORCE ON ESSENTIAL CAPABILITIES.

    ``(a) Establishment.--To assist the Secretary in establishing 
essential capabilities under section 1803(a)(1), the Secretary shall 
establish an advisory body pursuant to section 871(a) not later than 60 
days after the date of the enactment of this section, which shall be 
known as the Task Force on Essential Capabilities.
    ``(b) Report.--
            ``(1) In general.--The Task Force shall submit to the 
        Secretary, not later than 9 months after its establishment by 
        the Secretary under subsection (a) and every 3 years 
        thereafter, a report on its recommendations for essential 
        capabilities for preparedness for terrorism.
            ``(2) Contents.--The report shall--
                    ``(A) include a priority ranking of essential 
                capabilities in order to provide guidance to the 
                Secretary and to Congress on determining the 
                appropriate allocation of, and funding levels for, 
                first responder needs;
                    ``(B) 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;
                    ``(C) describe the availability of national 
                voluntary consensus standards, and whether there is a 
                need for new national voluntary consensus standards, 
                with respect to first responder training and equipment;
                    ``(D) include such additional matters as the 
                Secretary may specify in order to further the terrorism 
                preparedness capabilities of first responders; and
                    ``(E) include such revisions to the contents of 
                past reports as are necessary to take into account 
                changes in the most current risk assessment available 
                by the Directorate for Information Analysis and 
                Infrastructure Protection or other relevant information 
                as determined by the Secretary.
            ``(3) Consistency with federal working group.--The Task 
        Force shall ensure that its recommendations for essential 
        capabilities are, to the extent feasible, consistent with any 
        preparedness goals or recommendations of the Federal working 
        group established under section 319F(a) of the Public Health 
        Service Act (42 U.S.C. 247d-6(a)).
            ``(4) Comprehensiveness.--The Task Force shall ensure that 
        its recommendations regarding essential capabilities for 
        terrorism preparedness are made within the context of a 
        comprehensive State emergency management system.
            ``(5) Prior measures.--The Task Force shall ensure that its 
        recommendations regarding essential capabilities for terrorism 
        preparedness take into account any capabilities that State or 
        local officials have determined to be essential and have 
        undertaken since September 11, 2001, to prevent or prepare for 
        terrorist attacks.
    ``(c) Membership.--
            ``(1) In general.--The Task Force shall consist of 35 
        members appointed by the Secretary, and shall, to the extent 
        practicable, represent a geographic and substantive cross 
        section of governmental and nongovernmental first responder 
        disciplines from the State and local levels, including as 
        appropriate--
                    ``(A) members selected from the emergency response 
                field, including fire service and law enforcement, 
                hazardous materials response, emergency medical 
                services, and emergency management personnel (including 
                public works personnel routinely engaged in emergency 
                response);
                    ``(B) health scientists, emergency and inpatient 
                medical providers, and public health professionals, 
                including experts in emergency health care response to 
                chemical, biological, radiological, and nuclear 
                terrorism, and experts in providing mental health care 
                during emergency response operations;
                    ``(C) experts from Federal, State, and local 
                governments, and the private sector, representing 
                standards-setting organizations, including 
                representation from the voluntary consensus codes and 
                standards development community, particularly those 
                with expertise in first responder disciplines; and
                    ``(D) State and local officials with expertise in 
                terrorism preparedness, subject to the condition that 
                if any such official is an elected official 
                representing 1 of the 2 major political parties, an 
                equal number of elected officials shall be selected 
                from each such party.
            ``(2) Coordination with the department 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 coordinate the selection 
        with the Secretary of Health and Human Services.
            ``(3) Ex officio members.--The Secretary and the Secretary 
        of Health and Human Services shall each designate 1 or more 
        officers of their respective Departments to serve as ex officio 
        members of the Task Force. One of the ex officio members from 
        the Department of Homeland Security shall be the designated 
        officer of the Federal Government for purposes of subsection 
        (e) of section 10 of the Federal Advisory Committee Act (5 App. 
        U.S.C.).
    ``(d) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory Committee Act (5 
U.S.C. App.), including subsections (a), (b), and (d) of section 10 of 
such Act, and section 552b(c) of title 5, United States Code, shall 
apply to the Task Force.

``SEC. 1805. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND 
              TRAINING.

    ``(a) Equipment Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology and the Director of the Office of State 
        and Local Government Coordination, shall, not later than 6 
        months after the date of enactment of this section, support the 
        development of, promulgate, and update as necessary national 
        voluntary consensus standards for the performance, use, and 
        validation of first responder equipment for purposes of section 
        1802(e)(7). Such standards--
                    ``(A) shall be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                    ``(B) shall take into account, as appropriate, new 
                types of terrorism threats that may not have been 
                contemplated when such existing standards were 
                developed;
                    ``(C) shall be focused on maximizing 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety; and
                    ``(D) shall cover all appropriate uses of the 
                equipment.
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary shall specifically consider the following 
        categories of first responder equipment:
                    ``(A) Thermal imaging equipment.
                    ``(B) Radiation detection and analysis equipment.
                    ``(C) Biological detection and analysis equipment.
                    ``(D) Chemical detection and analysis equipment.
                    ``(E) Decontamination and sterilization equipment.
                    ``(F) Personal protective equipment, including 
                garments, boots, gloves, and hoods, and other 
                protective clothing.
                    ``(G) Respiratory protection equipment.
                    ``(H) Interoperable communications, including 
                wireless and wireline voice, video, and data networks.
                    ``(I) Explosive mitigation devices and explosive 
                detection and analysis equipment.
                    ``(J) Containment vessels.
                    ``(K) Contaminant-resistant vehicles.
                    ``(L) Such other equipment for which the Secretary 
                determines that national voluntary consensus standards 
                would be appropriate.
    ``(b) Training Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology and the Director of the Office of State 
        and Local Government Coordination, shall support the 
        development of, promulgate, and regularly update as necessary 
        national voluntary consensus standards for first responder 
        training carried out with amounts provided under covered grant 
        programs, that will enable State and local government first 
        responders to achieve optimal levels of terrorism preparedness 
        as quickly as practicable. Such standards shall give priority 
        to providing training to--
                    ``(A) enable first responders to prevent, prepare 
                for, respond to, and mitigate terrorist threats, 
                including threats from chemical, biological, nuclear, 
                and radiological weapons and explosive devices capable 
                of inflicting significant human casualties; and
                    ``(B) familiarize first responders with the proper 
                use of equipment, including software, developed 
                pursuant to the standards established under subsection 
                (a).
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary specifically shall include the following 
        categories of first responder activities:
                    ``(A) Regional planning.
                    ``(B) Joint exercises.
                    ``(C) Intelligence collection, analysis, and 
                sharing.
                    ``(D) Emergency notification of affected 
                populations.
                    ``(E) Detection of biological, nuclear, 
                radiological, and chemical weapons of mass destruction.
                    ``(F) Such other activities for which the Secretary 
                determines that national voluntary consensus training 
                standards would be appropriate.
            ``(3) Consistency.--In carrying out this subsection, the 
        Secretary shall ensure that such training standards are 
        consistent with the principles of emergency preparedness for 
        all hazards.
    ``(c) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for first responder equipment 
and training under this section, the Secretary shall consult with 
relevant public and private sector groups, including--
            ``(1) the National Institute of Standards and Technology;
            ``(2) the National Fire Protection Association;
            ``(3) the National Association of County and City Health 
        Officials;
            ``(4) the Association of State and Territorial Health 
        Officials;
            ``(5) the American National Standards Institute;
            ``(6) the National Institute of Justice;
            ``(7) the Inter-Agency Board for Equipment Standardization 
        and Interoperability;
            ``(8) the National Public Health Performance Standards 
        Program;
            ``(9) the National Institute for Occupational Safety and 
        Health;
            ``(10) ASTM International;
            ``(11) the International Safety Equipment Association;
            ``(12) the Emergency Management Accreditation Program;
            ``(13) the National Domestic Preparedness Consortium; and
            ``(14) to the extent the Secretary considers appropriate, 
        other national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.
    ``(d) Coordination With Secretary of HHS.--In establishing any 
national voluntary consensus standards under this section for first 
responder equipment or training that involve or relate to health 
professionals, including emergency medical professionals, the Secretary 
shall coordinate activities under this section with the Secretary of 
Health and Human Services.''.

SEC. 4. EFFECTIVE ADMINISTRATION OF HOMELAND SECURITY GRANTS.

    (a) Use of Grant Funds and Accountability.--The Homeland Security 
Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.), as amended by 
sections 2 and 3, is amended by adding at the end the following:

``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

    ``(a) In General.--A covered grant may be used for--
            ``(1) purchasing, upgrading, or maintaining equipment, 
        including computer software, to enhance terrorism preparedness 
        and response;
            ``(2) exercises to strengthen terrorism preparedness and 
        response;
            ``(3) training for prevention (including detection) of, 
        preparedness for, or response to attacks involving weapons of 
        mass destruction, including training in the use of equipment 
        and computer software;
            ``(4) developing or updating response plans;
            ``(5) establishing or enhancing mechanisms for sharing 
        terrorism threat information;
            ``(6) systems architecture and engineering, program 
        planning and management, strategy formulation and strategic 
        planning, life-cycle systems design, product and technology 
        evaluation, and prototype development for terrorism 
        preparedness and response purposes;
            ``(7) additional personnel costs resulting from--
                    ``(A) elevations in the threat alert level of the 
                Homeland Security Advisory System by the Secretary, or 
                a similar elevation in threat alert level issued by a 
                State, region, or local government with the approval of 
                the Secretary;
                    ``(B) travel to and participation in exercises and 
                training in the use of equipment and on prevention 
                activities;
                    ``(C) the temporary replacement of personnel during 
                any period of travel to and participation in exercises 
                and training in the use of equipment and on prevention 
                activities; and
                    ``(D) participation in information, investigative, 
                and intelligence-sharing activities specifically 
                related to terrorism prevention;
            ``(8) the costs of equipment (including software) required 
        to receive, transmit, handle, and store classified information;
            ``(9) target hardening to reduce the vulnerability of high-
        value targets, as determined by the Secretary;
            ``(10) protecting critical infrastructure against potential 
        attack by the addition of barriers, fences, gates, and other 
        such devices, except that the cost of such measures may not 
        exceed the greater of--
                    ``(A) $1,000,000 per project; or
                    ``(B) such greater amount as may be approved by the 
                Secretary, which may not exceed 10 percent of the total 
                amount of the covered grant;
            ``(11) the costs of commercially available interoperable 
        communications equipment (which, where applicable, is based on 
        national, voluntary consensus standards) that the Secretary, in 
        consultation with the Chairman of the Federal Communications 
        Commission, deems best suited to facilitate interoperability, 
        coordination, and integration between and among emergency 
        communications systems, and that complies with prevailing grant 
        guidance of the Department for interoperable communications;
            ``(12) educational curricula development for first 
        responders to ensure that they are prepared for terrorist 
        attacks;
            ``(13) training and exercises to assist public elementary 
        and secondary schools in developing and implementing programs 
        to instruct students regarding age-appropriate skills to 
        prepare for and respond to an act of terrorism;
            ``(14) paying of administrative expenses directly related 
        to administration of the grant, except that such expenses may 
        not exceed 3 percent of the amount of the grant; and
            ``(15) other appropriate activities as determined by the 
        Secretary.
    ``(b) Prohibited Uses.--Funds provided as a covered grant may not 
be used--
            ``(1) to supplant State or local funds that have been 
        obligated for a homeland security or other first responder-
        related project;
            ``(2) to construct buildings or other physical facilities, 
        except for--
                    ``(A) activities under section 611 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5196); and
                    ``(B) upgrading facilities to protect against, test 
                for, and treat the effects of biological agents, which 
                shall be included in the homeland security plan 
                approved by the Secretary under section 1802(c);
            ``(3) to acquire land; or
            ``(4) for any State or local government cost-sharing 
        contribution.
    ``(c) 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 also enhances first responder 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 under section 1803.
    ``(d) Reimbursement of Costs.--In addition to the activities 
described in subsection (a), a covered grant may be used to provide a 
reasonable stipend to paid-on-call or volunteer first responders 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 first 
responder an employee under the Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.).
    ``(e) Assistance Requirement.--The Secretary may not request that 
equipment paid for, wholly or in part, with funds provided as a covered 
grant be made available for responding to emergencies in surrounding 
States, regions, and localities, unless the Secretary undertakes to pay 
the costs directly attributable to transporting and operating such 
equipment during such response.
    ``(f) Flexibility in Unspent Homeland Security Grant Funds.--Upon 
request by the recipient of a covered grant, the Secretary may 
authorize the grantee to transfer all or part of funds provided as the 
covered grant from uses specified in the grant agreement to other uses 
authorized under this section, if the Secretary determines that such 
transfer is in the interests of homeland security.
    ``(g) State, Regional, and Tribal Responsibilities.--
            ``(1) Pass-through.--The Secretary shall require a 
        recipient of a covered grant that is a State to obligate or 
        otherwise make available to local governments, first 
        responders, and other local groups, to the extent required 
        under the State homeland security plan or plans specified in 
        the application for the grant, not less than 80 percent of the 
        grant funds, resources purchased with the grant funds having a 
        value equal to at least 80 percent of the amount of the grant, 
        or a combination thereof, by not later than the end of the 45-
        day period beginning on the date the grant recipient receives 
        the grant funds.
            ``(2) 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, first responders, and other 
        local groups the required amount of grant funds pursuant to 
        paragraph (1).
            ``(3) Quarterly report on homeland security spending.--Each 
        recipient of a covered grant shall submit a quarterly report to 
        the Secretary not later than 30 days after the end of each 
        fiscal quarter. Each such report shall include, for each 
        recipient of a covered grant or a pass-through 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 such recipient with such amount.
            ``(4) Annual report on homeland security spending.--Each 
        recipient of a covered grant shall submit an annual report to 
        the Secretary not later than 60 days after the end of each 
        fiscal year. Each recipient of a covered grant that is a region 
        shall simultaneously submit its report to each State of which 
        any part is included in the region. Each recipient of a covered 
        grant that is a directly eligible tribe shall simultaneously 
        submit its report to each State within the boundaries of which 
        any part of such tribe is located. Each report shall include 
        the following:
                    ``(A) The amount, ultimate recipients, and dates of 
                receipt of all funds received under the grant during 
                the previous fiscal year.
                    ``(B) 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 previous fiscal year.
                    ``(C) How the funds were utilized by each ultimate 
                recipient or beneficiary during the preceding fiscal 
                year.
                    ``(D) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans were achieved, maintained, or enhanced as 
                the result of the expenditure of grant funds during the 
                preceding fiscal year.
                    ``(E) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans remain unmet.
            ``(5) Inclusion of restricted annexes.--A recipient of a 
        covered grant may submit to the Secretary an annex to the 
        annual report under paragraph (4) 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.
            ``(6) Provision of reports.--The Secretary shall ensure 
        that each annual report under paragraph (4) is provided to the 
        Under Secretary for Emergency Preparedness and Response and the 
        Director of the Office of State and Local Government 
        Coordination.
    ``(h) Incentives to 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 pass 
        through to local governments, first responders, and other local 
        groups funds or resources required by subsection (g)(1) within 
        45 days after receiving funds under the grant, the Secretary 
        may--
                    ``(A) reduce grant payments to the grant recipient 
                from the portion of grant funds that is not required to 
                be passed through under subsection (g)(1);
                    ``(B) terminate payment of funds under the grant to 
                the recipient, and transfer the appropriate portion of 
                those funds directly to local first responders 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 passed through under subsection 
                        (g)(1); or
                            ``(iii) for each day that the grant 
                        recipient fails to pass through funds or 
                        resources in accordance with subsection (g)(1), 
                        reducing grant payments to the grant recipient 
                        from the portion of grant funds that is not 
                        required to be passed through under subsection 
                        (g)(1), 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 1802(e)(5)(E) or paragraph (1) for an additional 
        15-day period. The Secretary may approve such a request, and 
        may extend such period for additional 15-day periods, if the 
        Secretary determines that the resulting delay in providing 
        grant funding to the local government entities that will 
        receive funding under the grant will not have a significant 
        detrimental impact on such entities' terrorism preparedness 
        efforts.
            ``(3) Provision of non-local share to local government.--
                    ``(A) In general.--The Secretary may upon request 
                by a local government pay to the local government a 
                portion of the amount of a covered grant awarded to a 
                State in which the local government is located, if--
                            ``(i) the local government will use the 
                        amount paid to expedite planned enhancements to 
                        its terrorism preparedness as described in any 
                        applicable State homeland security plan or 
                        plans;
                            ``(ii) the State has failed to pass through 
                        funds or resources in accordance with 
                        subsection (g)(1); and
                            ``(iii) the local government complies with 
                        subparagraph (B).
                    ``(B) Showing required.--To receive a payment under 
                this paragraph, a local government must demonstrate 
                that--
                            ``(i) it is identified explicitly as an 
                        ultimate recipient or intended beneficiary in 
                        the approved grant application;
                            ``(ii) it was intended by the grantee to 
                        receive a severable portion of the overall 
                        grant for a specific purpose that is identified 
                        in the grant application;
                            ``(iii) it petitioned the grantee for the 
                        funds or resources after expiration of the 
                        period within which the funds or resources were 
                        required to be passed through under subsection 
                        (g)(1); and
                            ``(iv) it did not receive the portion of 
                        the overall grant that was earmarked or 
                        designated for its use or benefit.
                    ``(C) Effect of payment.--Payment of grant funds to 
                a local government under this paragraph--
                            ``(i) shall not affect any payment to 
                        another local government under this paragraph; 
                        and
                            ``(ii) shall not prejudice consideration of 
                        a request for payment under this paragraph that 
                        is submitted by another local government.
                    ``(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.
    ``(i) Reports to Congress.--The Secretary shall submit an annual 
report to Congress by December 31 of each year--
            ``(1) describing in detail the amount of Federal funds 
        provided as covered grants that were directed to each State, 
        region, and directly eligible tribe in the preceding fiscal 
        year;
            ``(2) containing information on the use of such grant funds 
        by grantees; and
            ``(3) describing--
                    ``(A) the Nation's progress in achieving, 
                maintaining, and enhancing the essential capabilities 
                established under section 1803(a) as a result of the 
                expenditure of covered grant funds during the preceding 
                fiscal year; and
                    ``(B) an estimate of the amount of expenditures 
                required to attain across the United States the 
                essential capabilities established under section 
                1803(a).''.
    (b) Sense of Congress Regarding Interoperable Communications.--
            (1) Finding.--Congress finds that--
                    (A) many emergency response providers (as defined 
                under section 2 of the Homeland Security Act of 2002 (6 
                U.S.C. 101), as amended by this Act) working in the 
                same jurisdiction or in different jurisdictions cannot 
                effectively and efficiently communicate with one 
                another; and
                    (B) their inability to do so threatens the public's 
                safety and may result in unnecessary loss of lives and 
                property.
            (2) Sense of congress.--It is the sense of Congress that 
        interoperable emergency communications systems and radios 
        should continue to be deployed as soon as practicable for use 
        by the emergency response provider community, and that upgraded 
        and new digital communications systems and new digital radios 
        must meet prevailing national voluntary consensus standards for 
        interoperability.
    (c) Sense of Congress Regarding Citizen Corps Councils.--
            (1) Finding.--Congress finds that Citizen Corps councils 
        help to enhance local citizen participation in terrorism 
        preparedness by coordinating multiple Citizen Corps programs, 
        developing community action plans, assessing possible threats, 
        and identifying local resources.
            (2) Sense of congress.--It is the sense of Congress that 
        individual Citizen Corps councils should seek to enhance the 
        preparedness and response capabilities of all organizations 
        participating in the councils, including by providing funding 
        to as many of their participating organizations as practicable 
        to promote local terrorism preparedness programs.
    (d) Required Coordination.--The Secretary of Homeland Security 
shall ensure that there is effective and ongoing coordination of 
Federal efforts to prevent, prepare for, and respond to acts of 
terrorism and other major disasters and emergencies among the divisions 
of the Department of Homeland Security, including the Directorate of 
Emergency Preparedness and Response and the Office for State and Local 
Government Coordination and Preparedness.
    (e) Coordination of Industry Efforts.--Section 102(f) of the 
Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 112(f)) is 
amended by striking ``and'' after the semicolon at the end of paragraph 
(6), by striking the period at the end of paragraph (7) and inserting 
``; and'', and by adding at the end the following:
            ``(8) coordinating industry efforts, with respect to 
        functions of the Department of Homeland Security, to identify 
        private sector resources and capabilities that could be 
        effective in supplementing Federal, State, and local government 
        agency efforts to prevent or respond to a terrorist attack.''.
    (f) Study Regarding Nationwide Emergency Notification System.--
            (1) Study.--The Secretary of Homeland Security, in 
        consultation with the heads of other appropriate Federal 
        agencies and representatives of providers and participants in 
        the telecommunications industry, shall conduct a study to 
        determine whether it is cost effective, efficient, and feasible 
        to establish and implement an emergency telephonic alert 
        notification system that will--
                    (A) alert persons in the United States of imminent 
                or current hazardous events caused by acts of 
                terrorism; and
                    (B) provide information to individuals regarding 
                appropriate measures that may be undertaken to 
                alleviate or minimize threats to their safety and 
                welfare posed by such events.
            (2) Technologies to consider.--In conducting the study 
        under paragraph (1), the Secretary shall consider the use of 
        the telephone, wireless communications, and other existing 
        communications networks to provide such notification.
            (3) Report.--Not later than 9 months after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report regarding the conclusions of the study conducted under 
        paragraph (1).
    (g) Study of Expansion of Area of Jurisdiction of Office of 
National Capital Region Coordination.--
            (1) Study.--The Secretary of Homeland Security, acting 
        through the Director of the Office of National Capital Region 
        Coordination, shall conduct a study of the feasibility and 
        desirability of modifying the definition of ``National Capital 
        Region'' applicable under section 882 of the Homeland Security 
        Act of 2002 to expand the geographic area under the 
        jurisdiction of the Office of National Capital Region 
        Coordination.
            (2) Factors.--In conducting the study under paragraph (1), 
        the Secretary shall analyze whether expanding the geographic 
        area under the jurisdiction of the Office of National Region 
        Coordination will--
                    (A) promote coordination among State and local 
                governments within the Region, including regional 
                governing bodies, and coordination of the efforts of 
                first responders; and
                    (B) enhance the ability of such State and local 
                governments and the Federal Government to prevent and 
                respond to a terrorist attack within the Region.
            (3) Report.--Not later than 6 months after the date of the 
        enactment of this Act, the Secretary shall submit a report to 
        Congress on the study conducted under paragraph (1), and shall 
        include in the report such recommendations (including 
        recommendations for legislation to amend section 882 of the 
        Homeland Security Act of 2002) as the Secretary considers 
        appropriate.

SEC. 5. IMPLEMENTATION; DEFINITIONS; TABLE OF CONTENTS.

    (a) Technical and Conforming Amendment.--Section 1014 of the USA 
PATRIOT ACT (42 U.S.C. 3714) is amended--
            (1) by striking subsection (c)(3);
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following:
    ``(c) Administration.--Grants under this section shall be 
administered in accordance with title 18 of the Homeland Security Act 
of 2002.''.
    (b) Temporary Limitations on Application.--
            (1) 1-year delay in application.--The following provisions 
        of title XVIII of the Homeland Security Act of 2002, as added 
        by this Act, shall not apply during the 1-year period beginning 
        on the date of enactment of this Act--
                    (A) Subsections (b), (c), and (e)(4) (A) and (B) of 
                section 1802; and
                    (B) In section 1802(f)(3)(A)(i), the phrase ``by 
                achieving, maintaining, or enhancing the essential 
                capabilities of the applicants on a nationwide 
                basis,''.
            (2) 2-year delay in application.--The following provisions 
        of title XVIII of the Homeland Security Act of 2002, as added 
        by this Act, shall not apply during the 2-year period beginning 
        on the date of enactment of this Act--
                    (A) Subparagraphs (D) and (E) of section 
                1806(g)(4); and
                    (B) Section 1806(i)(3).
    (c) Definitions.--
            (1) Title xviii.--The Homeland Security Act of 2002 (Public 
        Law 107-296; 6 U.S.C. 361 et seq.), as amended by sections 2, 
        3, and 4, is amended by adding at the end the following:

``SEC. 1807. DEFINITIONS.

    ``In this title:
            ``(1) Board.--The term `Board' means the Homeland Security 
        Grants Board established under section 1802(f).
            ``(2) Consequence.--The term `consequence' means the 
        assessment of the effect of a completed attack.
            ``(3) Covered grant.--The term `covered grant' means any 
        grant to which this title applies under section 1801(b).
            ``(4) Directly eligible tribe.--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 1 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.
            ``(5) Elevations in the threat alert level.--The term 
        `elevations in the threat alert level' means any designation 
        (including those that are less than national in scope) that 
        raises the homeland security threat level to either the highest 
        or second-highest threat level under the Homeland Security 
        Advisory System referred to in section 201(d)(7).
            ``(6) Emergency preparedness.--The term `emergency 
        preparedness' shall have the same meaning that term has under 
        section 602 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5195a).
            ``(7) Essential capabilities.--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, and respond to acts of terrorism 
        consistent with established practices.
            ``(8) First responder.--The term `first responder' shall 
        have the same meaning as the term `emergency response provider' 
        under section 2.
            ``(9) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaskan Native village or regional or 
        village corporation as defined in or established pursuant to 
        the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), which is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.
            ``(10) Region.--The term `region' means any geographic 
        area--
                    ``(A) certified by the Secretary under section 
                1802(a)(3);
                    ``(B) consisting of all or parts of 2 or more 
                counties, municipalities, or other local governments 
                and including a city with a core population exceeding 
                500,000 according to the most recent estimate available 
                from the United States Census; and
                    ``(C) that, for purposes of an application for a 
                covered grant--
                            ``(i) is represented by 1 or more local 
                        governments or governmental agencies within 
                        such geographic area; and
                            ``(ii) is established by law or by 
                        agreement of 2 or more such local governments 
                        or governmental agencies, such as through a 
                        mutual aid agreement.
            ``(11) Risk-based funding.--The term `risk-based funding' 
        means the allocation of funds based on an assessment of threat, 
        vulnerability, and consequence.
            ``(12) Task force.--The term `Task Force' means the Task 
        Force on Essential Capabilities established under section 1804.
            ``(13) Threat.--The term `threat' means the assessment of 
        the plans, intentions, and capability of an adversary to 
        implement an identified attack scenario.
            ``(14) Vulnerability.--The term `vulnerability' means the 
        degree to which a facility is available or accessible to an 
        attack, including the degree to which the facility is 
        inherently secure or has been hardened against such an 
        attack.''.
            (2) Definition of emergency response providers.--Paragraph 
        (6) of section 2 of the Homeland Security Act of 2002 (Public 
        Law 107-296; 6 U.S.C. 101(6)) is amended by striking 
        ``includes'' and all that follows and inserting ``includes 
        Federal, State, and local governmental and nongovernmental 
        emergency public safety, law enforcement, fire, emergency 
        response, emergency medical (including hospital emergency 
        facilities), and related personnel, organizations, agencies, 
        and authorities.''.
    (d) Table of Contents.--Section 1(b) of the Homeland Security Act 
of 2002 (Public Law 107-296; 6 U.S.C. 101 note) is amended in the table 
of contents by adding at the end the following:

        ``TITLE XVIII--RISK-BASED FUNDING FOR HOMELAND SECURITY

        ``Sec. 1801. Risk-based funding for homeland security.
        ``Sec. 1802. Covered grant eligibility and criteria.
        ``Sec. 1803. Essential capabilities for homeland security.
        ``Sec. 1804. Task Force on Essential Capabilities.
        ``Sec. 1805. National standards for first responder equipment 
                            and training.
        ``Sec. 1806. Use of funds and accountability requirements.
        ``Sec. 1807. Definitions.''.
                                 <all>