To express the sense of the Senate that homeland security grants to States and local governments awarded pursuant to section 1014 of the USA PATRIOT ACT of 2001 (42 U.S.C. 3711) should be allocated to States through a threat-based formula, with minimum allocations for small States.

1. Adds Sec. 616. (a) The Senate finds that-- on page 75, between lines 5 and 6

   Adds a sectionPrinted page

   Inserted: Sec. 616. (a) The Senate finds that--

   Inserted: (1) this Act is intended to provide critical homeland security resources to State and local communities and first responders to help them in their efforts to improve our homeland defense at the National, State, and local levels;

   Inserted: (2) given the nature of the terrorist threats against our Nation and the grave consequences of a terrorist attack, it is in the best interest of our homeland defense that such resources be disbursed and employed as effectively as possible;

   Inserted: (3) the Secretary of Homeland Security has repeatedly emphasized the need to use a threat-based formula, instead of a per capita formula, to best allocate homeland security block grant funds to States for use by States and local communities;

   Inserted: (4) in the June 2003 report of the Homeland Security Independent Task Force of the Council on Foreign Relations, chaired by Senator Warren B. Rudman, entitled "Emergency Responders: Drastically Underfunded, Dangerously Unprepared", the Task Force--

   Inserted: (A) declared the "existing systems for determining the distribution of appropriated funds to states to be badly in need of reform";

   Inserted: (B) advised that "Congress should establish a system for allocating scarce [homeland security] resources based . . . on addressing identified threats and vulnerabilities"; and

   Inserted: (C) stated that, in allocating Federal homeland security funds, "the Federal Government should consider such factors as population density, vulnerability assessment, and presence of critical infrastructure within each state";

   Inserted: (5) the vulnerability assessment may cover a range of considerations, including--

   Inserted: (A) the proximity of a community to nuclear and chemical facilities, ports, and international borders;

   Inserted: (B) the presence of national icons that may be terrorist targets;

   Inserted: (C) population (including tourist, military, and commuting population), population density, the location, risk, or vulnerability of critical infrastructure or key national assets; and

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   Inserted: (D) any other factor considered appropriate by the Secretary of Homeland Security;

   Inserted: (6) our Nation's critical infrastructure consists of systems and assets, whether physical or virtual, that are vital to the United States, including infrastructure relating to--

   Inserted: (A) agriculture;

   Inserted: (B) food;

   Inserted: (C) water;

   Inserted: (D) public health;

   Inserted: (E) emergency services;

   Inserted: (F) government;

   Inserted: (G) defense;

   Inserted: (H) energy;

   Inserted: (I) transportation;

   Inserted: (J) banking and finance;

   Inserted: (K) chemicals;

   Inserted: (L) postal service; and

   Inserted: (M) shipping;

   Inserted: (7) the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-188) requires a threat analysis, an indication that Congress recognizes the importance of threat-based formulas; and

   Inserted: (8) other national homeland security experts have also called for the distribution of Federal, State, and local homeland security grants using a threat-based formula in lieu of a per capita formula.

   Inserted: (b) It is the sense of the Senate that homeland security grants to State and local governments awarded pursuant to section 1014 of the USA PATRIOT ACT of 2001 (42 U.S.C. 3711) by the Office of Domestic Preparedness of the Department of Homeland Security should, subject to minimum allocations for small States, be allocated to States through a threat-based formula in lieu of a per capita formula.

   Original wording

   On page 75, between lines 5 and 6, insert the following:

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As printed