To improve the allocation of grants through the Department of Homeland Security, and for other purposes.

SA 1215. Mrs. FEINSTEIN (for herself, Mr. Cornyn, Mr. Lautenberg,
Mrs. Boxer, Mrs. Hutchison, Mr. Kerry, Mr. Martinez, Mr. Schumer, Mr.
Nelson of Florida, Mrs. Clinton, Mr. Corzine, and Mr. Kennedy) proposed
an amendment to amendment SA 1142 proposed by Ms. Collins (for herself,
Mr. Lieberman, Mr. DeWine, Mr. Coburn, Mr. Akaka, Mr. Carper, Mr.
Salazar, Mr. Coleman, Mr. Voinovich, Mr. Reed, Mr. Bingaman, and Mr.
Harkin) to the bill H.R. 2360, making appropriations for the Department
of Homeland Security for the fiscal year ending September 30, 2006, and
for other purposes; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

TITLE VI--HOMELAND SECURITY GRANT ENHANCEMENT

SEC. 601. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This title 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
title is as follows:

Sec. 601. Short title; table of contents.
Sec. 602. Risk-based funding for homeland security.
Sec. 603. Essential capabilities, task forces, and standards.
Sec. 604. Effective administration of homeland security grants.
Sec. 605. Implementation and definitions.

SEC. 602. 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;

[[Page S8083]]

``(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

[[Page S8084]]

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. 603. 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 602, 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

[[Page S8085]]

``(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. 604. 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 602 and 603, 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;

[[Page S8086]]

``(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.

[[Page S8087]]

``(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 title) 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 title, 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 title, 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. 605. 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 title, shall not apply during the 1-year period
beginning on the date of enactment of this title--
(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 title, shall not apply during the 2-year period
beginning on the date of enactment of this title--
(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
602, 603, and 604, 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.

[[Page S8088]]

``(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.''.

____________________