[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 74 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 74

    To ensure adequate funding for high-threat areas, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2007

  Mr. Schumer introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To ensure adequate funding for high-threat areas, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High Risk Protection Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``critical infrastructure'' has the meaning 
        given the term in section 2 of the Homeland Security Act of 
        2002 (6 U.S.C. 101);
            (2) the term ``Department'' means the Department of 
        Homeland Security;
            (3) the term ``high-threat area'' means an area determined 
        to be a high-threat area under section 3(a)(1);
            (4) the term ``Secretary'' means the Secretary of Homeland 
        Security; and
            (5) the term ``Urban Area Security Initiative Grant 
        Program'' means the Urban Area Security Initiative Grant 
        Program administered by the Department from funds appropriated 
        for discretionary grants to high-threat, high-density urban 
        areas.

SEC. 3. FUNDING FOR THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM.

    (a) In General.--
            (1) Allocation based on risk only.--Notwithstanding any 
        other provision of law, amounts appropriated to the Department 
        for the Urban Area Security Initiative Grant Program shall be 
        allocated based solely on risk (which shall include an 
        evaluation of threats, vulnerabilities, and consequences and 
        consideration of any previous terrorist attacks), as determined 
        by the Secretary based on the considerations listed in 
        subparagraphs (A) and (B) of paragraph (2).
            (2) Determination of high-threat areas.--In determining 
        which areas qualify as high-threat areas for the Urban Area 
        Security Initiative Grant Program, the Secretary shall 
        consider--
                    (A) whether the area--
                            (i) contains critical infrastructure, 
                        including--
                                    (I) skyscrapers and large 
                                commercial buildings;
                                    (II) transportation assets, 
                                including rail and mass transit, 
                                bridges and tunnels, and airports;
                                    (III) commuting populations;
                                    (IV) a national monument or icon;
                                    (V) a nuclear power plant or 
                                nonpower reactor;
                                    (VI) a seaport;
                                    (VII) a chemical facility;
                                    (VIII) a military facility;
                                    (IX) a Federal facility;
                                    (X) a dam;
                                    (XI) a nonnuclear electric power 
                                plant;
                                    (XII) a food or agriculture center;
                                    (XIII) an oil or natural gas 
                                refinery or pipeline;
                                    (XIV) a financial center; and
                                    (XV) a stadium or arena; and
                            (ii) is located on an international border 
                        or coastline, including the number of border 
                        crossings; and
                    (B) the population, population density, law 
                enforcement investigative and enforcement activity, and 
                tourism in the area.
            (3) Determination of allocation.--In allocating amounts 
        among high-threat areas for the Urban Area Security Initiative 
        Grant Program, the Secretary shall evaluate all threats 
        (including threats to national monuments and icons) and 
        critical infrastructure vulnerabilities located in high-threat 
        areas using the considerations listed in subparagraphs (A) and 
        (B) of paragraph (2).
    (b) Peer Review.--The Urban Area Security Initiative Grant Program 
shall not be subject to the peer review process of the Department.
    (c) Use of Funds.--Notwithstanding any other provision of law, 
funds made available under the Urban Area Security Initiative Grant 
Program may be used for overtime and other employment costs directly 
relating to the prevention of terrorist activities and any other 
activity determined to be necessary by the Secretary.
    (d) Reporting Regarding Grants.--Not later than 30 days before 
making a final allocation of grants to high-threat areas under the 
Urban Area Security Initiative Program, the Secretary shall submit to 
each Member of the Senate and the House of Representatives who 
represents a high-threat area a report regarding the proposed 
allocation of funds, including a description of the analysis of 
critical infrastructure used in making the proposed allocation.

SEC. 4. REPORTING REGARDING DETERMINATION AND EVALUATION.

    The Secretary shall submit a report to the Committee on Homeland 
Security and Government Affairs and the Committee on Appropriations of 
the Senate and the Committee on Homeland Security and the Committee on 
Appropriations of the House of Representatives regarding the 
determination of high-threat areas, evaluation of threats, 
vulnerabilities, and consequences, and consideration of any previous 
terrorist attacks under section 3(a).
                                 <all>