II 110th CONGRESS 1st Session S. 608 IN THE SENATE OF THE UNITED STATES February 15, 2007 Mrs. Feinstein (for herself, Mr. Cornyn, Mrs. Boxer, Mrs. Hutchison, Mr. Lautenberg, Mr. Schumer, Mrs. Clinton, Mr. Menendez, and Mr. Obama) 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.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Risk-Based Homeland Security Grants Act of 2007. (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.

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: . (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:

2002.

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 2001(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 2007(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 2007(10), a geographic area that, on or before the date of enactment of the Risk-Based Homeland Security Grants Act of 2007, 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 2003. (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 second 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 2006(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)

State review and submission

To ensure the consistency required under subsection (d) and the coordination required under subparagraph (A) of this paragraph, an applicant that is a region shall submit its application to each State of which any part is included in the region for review and concurrence before the submission of such application to the Secretary. The regional application shall be transmitted to the Secretary through each such State within 30 days after receipt of the application by that State, unless the Governor of such a State notifies the Secretary, in writing, that such regional application is inconsistent with the State's homeland security plan and provides an explanation of the reasons therefor. (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 2006(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 2006(g)(1), the tribe may request payment under section 2006(h)(3) in the same manner as a local government. (7)

Equipment standards

If an applicant for a covered grant proposes to upgrade or purchase, with assistance provided under the grant, new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards established by the Secretary under section 2005(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 2001(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 2001(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.

.

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:

2003.

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 2004; (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 2004(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.

2004.

Task Force on Essential Capabilities

(a)

Establishment

To assist the Secretary in establishing essential capabilities under section 2003(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.

2005.

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 2002(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.

.

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:

2006.

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 2002(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 2003. (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 2002(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 2003(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 2003(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 should 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 (6 U.S.C. 112(f)) is amended— (1)in paragraph (9), by striking and after the semicolon; (2)in paragraph (10), by striking the period and inserting ; and; and (3)by adding at the end the following: (11)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 (6 U.S.C. 462) 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 (6 U.S.C. 462)) as the Secretary considers appropriate. (h)

Study of risk allocation for port security grants

(1)

Study

The Secretary of Homeland Security shall conduct a study of the factors to be used for the allocation of funds based on risk for port security grants made under section 70107 of title 46, United States Code. (2)

Factors

In conducting the study, the Secretary shall analyze the volume of international trade and economic significance of each port. (3)

Report

Not later than 90 days after the enactment of the Act, the Secretary shall submit a report to Congress on the study and shall include recommendations for using such factors in allocating grant funds to ports. (i)

Study of allocation of assistance to firefighter grants

(1)

Study

The Secretary of Homeland Security shall conduct a study of the allocation of grant fund awards made under the Assistance to Firefighter Grants program and shall analyze the distribution of awards by State. (2)

Factors

In conducting the study, the Secretary shall analyze the number of awards and the per capita amount of grant funds awarded to each State and the level of unmet firefighting equipment needs in each State. The study shall also analyze whether allowing local departments to submit more than 1 annual application and expanding the list of eligible applicants for such grants to include States will enhance the ability of State and local governments to respond to fires. (3)

Report

Not later than 90 days after the date of enactment of the Act, the Secretary shall submit a report to Congress on the study and shall include recommendations for legislation amending the factors used in allocating grant funds to insure that critical firefighting needs are addressed by the program in all areas of the Nation.

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 XX of the Homeland Security Act of 2002. . (b)

Temporary Limitations on Application

(1)

1-year delay in application

The following provisions of title XX 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 2002; and (B)In section 2002(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 XX 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 2006(g)(4); and (B)Section 2006(i)(3). (c)

Definitions

(1)

Title XX

Title XX of the Homeland Security Act of 2002, as amended by sections 2, 3, and 4, is amended by adding at the end the following:

2007.

Definitions

In this title: (1)

Board

The term Board means the Homeland Security Grants Board established under section 2002(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 2001(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 2002(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 2004. (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 (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 (6 U.S.C. 101 note) is amended in the table of contents by adding at the end the following: TITLE XX—RISK-BASED FUNDING FOR HOMELAND SECURITY Sec. 2001. Risk-Based funding for homeland security. Sec. 2002. Covered grant eligibility and criteria. Sec. 2003. Essential capabilities for homeland security. Sec. 2004. Task Force on Essential Capabilities. Sec. 2005. National standards for first responder equipment and training. Sec. 2006. Use of funds and accountability requirements. Sec. 2007. Definitions. .