II 110th CONGRESS 1st Session S. 74 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.

1.

Short title

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

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.

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.

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).