S.Amdt. 4601

SA 4601. Mr. SCHUMER submitted an amendment intended to be proposed
by him to the bill H.R. 5441, making appropriations for the Department
of Homeland Security for the fiscal year ending September 30, 2007, and
for other purposes; which was ordered to lie on the table; as follows:

On page 127, between lines 2 and 3, insert the following:

TITLE VI--HIGH RISK PROTECTION

SEC. 601. FUNDING FOR THE URBAN AREA SECURITY INITIATIVE
GRANT PROGRAM.

(a) In General.--
(1) Allocation based on risk only.--Notwithstanding any
other provision of law, no amounts appropriated to the
Department for the Urban Area Security Initiative Grant
Program may be allocated by the Secretary of Homeland
Security to a high-threat area unless such area meets the
conditions described in paragraph (2).
(2) Determination of high-threat areas.--The conditions
referred to in this paragraph are as follows:
(A) Mandatory conditions.--The area shall contain critical
infrastructure, including--
(i) skyscrapers and large commercial buildings;
(ii) transportation assets, including rail and mass
transit, bridges and tunnels, and airports;
(iii) commuting populations;
(iv) a national monument or icon;
(v) a nuclear power plant or nonpower reactor;
(vi) a seaport;
(vii) a chemical facility;
(viii) a military facility;
(ix) a Federal facility;
(x) a dam;
(xi) a nonnuclear electric power plant;
(xii) a food or agriculture center;
(xiii) an oil or natural gas refinery or pipeline;
(xiv) a financial center; and
(xv) a stadium or arena.
(B) Discretionary conditions.--In addition to the mandatory
conditions set forth in subparagraph (A), the Secretary of
Homeland Security shall, in determining if funds may be
allocated to a high-threat area, consider--
(i) if the area is located on an international border or
coastline, including the number of border crossings; and
(ii) the population, population density, law enforcement
investigative and enforcement activity, and tourism in the
area.
(3) Determination of allocation.--If an area satisfies the
conditions described in paragraph (2), the Secretary of
Homeland Security in allocating amounts among such high-
threat areas for the Urban Area Security Initiative Grant
Program, shall evaluate all threats (including threats to
national monuments and icons) and critical infrastructure
vulnerabilities located in such high-threat areas.
(b) Peer Review.--The Urban Area Security Initiative Grant
Program shall not be subject to the peer review process of
the Department of Homeland Security.
(c) Use of Funds.--Notwithstanding any other provision of
law, funds made available under the Urban Area Security
Initiative Grant Program may be used for overtime and other
employment costs directly relating to the prevention of
terrorist activities and any other activity determined to be
necessary by the Secretary of Homeland Security.
(d) Reporting Regarding Grants.--Not later than 30 days
before making a final allocation of grants to high-threat
areas under the Urban Area Security Initiative Program, the
Secretary of Homeland Security shall submit to each Member of
the Senate and the House of Representatives who represents a
high-threat area a report regarding the proposed allocation
of funds, including a description of the analysis of critical
infrastructure used in making the proposed allocation.

SEC. 602. REPORTING REGARDING DETERMINATION AND EVALUATION.

The Secretary of Homeland Security shall submit a report to
the Committee on Homeland Security and Government Affairs and
the Committee on Appropriations of the Senate and the
Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives regarding the
determination of high-threat areas, evaluation of threats,
vulnerabilities, and consequences, and consideration of any
previous terrorist attacks under section 601(a).

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