Funding Our Risks With Appropriate Resource Disbursement Act of 2005 or the Homeland Security FORWARD Funding Act of 2005 - Amends the Homeland Security Act of 2002 to set forth provisions governing Department of Homeland Security (DHS) grant funding for first responders pursuant to the State Homeland Security Grant Program, the Urban Area Security Initiative, the Law Enforcement Terrorism Prevention Program, and the Citizen Corps Program.
Makes eligible for a covered grant any state, region, or directly eligible tribe. Sets forth grant application procedures and requirements.
Requires the Secretary of Homeland Security to establish a Homeland Security Grants Board.
Requires the Secretary to establish: (1) clearly defined essential capabilities for state and local government preparedness for terrorism (sets forth factors to address in establishing such capabilities and lists critical infrastructure sectors and types of threats to specifically consider); and (2) a Task Force on Essential Capabilities.
Directs the Secretary to promulgate national voluntary consensus standards for grant-funded first responder equipment and training.
Lists authorized and prohibited uses of covered grants. Requires each covered grant recipient to submit quarterly and annual reports on homeland security spending.
Establishes penalties for states that fail to pass through to local governments, first responders, and other local groups funds or resources as required by this Act within 45 days of receipt.
Expresses the sense of Congress regarding interoperable communications and Citizen Corps councils.
Requires the Secretary to: (1) ensure coordination of federal efforts to prevent, prepare for, and respond to acts of terrorism and other major disasters and emergencies among DHS divisions; and (2) study the feasibility of implementing a nationwide emergency telephonic alert notification system.
[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>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5099-5100)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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