Begun and held at the City of Washington on Thursday,CommentsClose CommentsPermalink

the fourth day of January, two thousand and sevenCommentsClose CommentsPermalink

An ActCommentsClose CommentsPermalink

Sec. 101. Homeland Security Grant Program.CommentsClose CommentsPermalink





Sec. 102. Other amendments to the Homeland Security Act of 2002.CommentsClose CommentsPermalink





Sec. 103. Amendments to the Post-Katrina Emergency Management Reform Act of 2006.CommentsClose CommentsPermalink





Sec. 104. Technical and conforming amendments.CommentsClose CommentsPermalink

TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Sec. 201. Emergency management performance grant program.CommentsClose CommentsPermalink





Sec. 202. Grants for construction of emergency operations centers.CommentsClose CommentsPermalink

TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS

Sec. 301. Interoperable emergency communications grant program.CommentsClose CommentsPermalink





Sec. 302. Border interoperability demonstration project.CommentsClose CommentsPermalink

TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

Sec. 401. Definitions.CommentsClose CommentsPermalink





Sec. 402. National exercise program design.CommentsClose CommentsPermalink





Sec. 403. National exercise program model exercises.CommentsClose CommentsPermalink





Sec. 404. Preidentifying and evaluating multijurisdictional facilities to strengthen incident command; private sector preparedness.CommentsClose CommentsPermalink





Sec. 405. Federal response capability inventory.CommentsClose CommentsPermalink





Sec. 406. Reporting requirements.CommentsClose CommentsPermalink





Sec. 407. Federal preparedness.CommentsClose CommentsPermalink





Sec. 408. Credentialing and typing.CommentsClose CommentsPermalink





Sec. 409. Model standards and guidelines for critical infrastructure workers.CommentsClose CommentsPermalink





Sec. 410. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle D--Homeland Security Intelligence Offices Reorganization

Sec. 531. Office of Intelligence and Analysis and Office of Infrastructure Protection.CommentsClose CommentsPermalink

Subtitle E--Authorization of Appropriations

Sec. 541. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle A--Terrorist Travel

Sec. 701. Report on international collaboration to increase border security, enhance global document security, and exchange terrorist information.CommentsClose CommentsPermalink

Subtitle B--Visa Waiver

Subtitle C--Strengthening Terrorism Prevention Programs

Subtitle D--Miscellaneous Provisions

Sec. 731. Report regarding border security.CommentsClose CommentsPermalink

Sec. 901. Private sector preparedness.CommentsClose CommentsPermalink





Sec. 902. Responsibilities of the private sector Office of the Department.CommentsClose CommentsPermalink

TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

Sec. 1001. National Asset Database.CommentsClose CommentsPermalink





Sec. 1002. Risk assessments and report.CommentsClose CommentsPermalink





Sec. 1003. Sense of Congress regarding the inclusion of levees in the National Infrastructure Protection Plan.CommentsClose CommentsPermalink

TITLE XV--SURFACE TRANSPORTATION SECURITY

Subtitle A--General Provisions

Sec. 1501. Definitions.CommentsClose CommentsPermalink





Sec. 1502. Oversight and grant procedures.CommentsClose CommentsPermalink





Sec. 1503. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 1504. Public awareness.CommentsClose CommentsPermalink

Subtitle C--Over-the-Road Bus and Trucking Security

TITLE XVI--AVIATION

Sec. 1701. Container scanning and seals.CommentsClose CommentsPermalink

TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM

Subtitle A--Repeal and Modification of Limitations on Assistance for Prevention of WMD Proliferation and Terrorism

Sec. 1811. Repeal and modification of limitations on assistance for prevention of weapons of mass destruction proliferation and terrorism.CommentsClose CommentsPermalink

Subtitle B--Proliferation Security Initiative

Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass Destruction Proliferation and Terrorism

Subtitle D--Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism

Subtitle E--Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism

TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

Subtitle A--Quality Educational Opportunities in Predominantly Muslim Countries.

Subtitle B--Democracy and Development in the Broader Middle East Region

Sec. 2021. Middle East Foundation.CommentsClose CommentsPermalink

Subtitle C--Reaffirming United States Moral Leadership

Subtitle D--Strategy for the United States Relationship With Afghanistan, Pakistan, and Saudi Arabia

TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

Sec. 2201. Interoperable emergency communications.CommentsClose CommentsPermalink





Sec. 2202. Clarification of congressional intent.CommentsClose CommentsPermalink





Sec. 2203. Cross border interoperability reports.CommentsClose CommentsPermalink





Sec. 2204. Extension of short quorum.CommentsClose CommentsPermalink





Sec. 2205. Requiring reports to be submitted to certain committees.CommentsClose CommentsPermalink

TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION

Sec. 2301. Short title.CommentsClose CommentsPermalink





Sec. 2302. Funding for program.CommentsClose CommentsPermalink





Sec. 2303. NTIA coordination of E-911 implementation.CommentsClose CommentsPermalink

TITLE XXIV--MISCELLANEOUS PROVISIONS

The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`TITLE XX--HOMELAND SECURITY GRANTS

`SEC. 2001. DEFINITIONS.CommentsClose CommentsPermalink

`In this title, the following definitions shall apply:CommentsClose CommentsPermalink





`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Federal Emergency Management Agency.CommentsClose CommentsPermalink





`(2) APPROPRIATE COMMITTEES OF CONGRESS- The term `appropriate committees of Congress' means--CommentsClose CommentsPermalink





`(A) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





`(B) those committees of the House of Representatives that the Speaker of the House of Representatives determines appropriate.CommentsClose CommentsPermalink





`(3) CRITICAL INFRASTRUCTURE SECTORS- The term `critical infrastructure sectors' means the following sectors, in both urban and rural areas:CommentsClose CommentsPermalink





`(A) Agriculture and food.CommentsClose CommentsPermalink





`(B) Banking and finance.CommentsClose CommentsPermalink





`(C) Chemical industries.CommentsClose CommentsPermalink





`(D) Commercial facilities.CommentsClose CommentsPermalink





`(E) Commercial nuclear reactors, materials, and waste.CommentsClose CommentsPermalink





`(F) Dams.CommentsClose CommentsPermalink





`(G) The defense industrial base.CommentsClose CommentsPermalink





`(H) Emergency services.CommentsClose CommentsPermalink





`(I) Energy.CommentsClose CommentsPermalink





`(J) Government facilities.CommentsClose CommentsPermalink





`(K) Information technology.CommentsClose CommentsPermalink





`(L) National monuments and icons.CommentsClose CommentsPermalink





`(M) Postal and shipping.CommentsClose CommentsPermalink





`(N) Public health and health care.CommentsClose CommentsPermalink





`(O) Telecommunications.CommentsClose CommentsPermalink





`(P) Transportation systems.CommentsClose CommentsPermalink





`(Q) Water.CommentsClose CommentsPermalink





`(4) DIRECTLY ELIGIBLE TRIBE- The term `directly eligible tribe' means--CommentsClose CommentsPermalink





`(A) any Indian tribe--CommentsClose CommentsPermalink





`(i) that is located in the continental United States;CommentsClose CommentsPermalink





`(ii) that operates a law enforcement or emergency response agency with the capacity to respond to calls for law enforcement or emergency services;CommentsClose CommentsPermalink





`(iii)(I) that is located on or near an international border or a coastline bordering an ocean (including the Gulf of Mexico) or international waters;CommentsClose CommentsPermalink





`(II) that is located within 10 miles of a system or asset included on the prioritized critical infrastructure list established under section 210E(a)(2) or has such a system or asset within its territory;CommentsClose CommentsPermalink





`(III) that is located within or contiguous to 1 of the 50 most populous metropolitan statistical areas in the United States; orCommentsClose CommentsPermalink





`(IV) the jurisdiction of which includes not less than 1,000 square miles of Indian country, as that term is defined in section 1151 of title 18, United States Code; andCommentsClose CommentsPermalink





`(iv) that certifies to the Secretary that a State has not provided funds under section 2003 or 2004 to the Indian tribe or consortium of Indian tribes for the purpose for which direct funding is sought; andCommentsClose CommentsPermalink





`(B) a consortium of Indian tribes, if each tribe satisfies the requirements of subparagraph (A).CommentsClose CommentsPermalink





`(5) ELIGIBLE METROPOLITAN AREA- The term `eligible metropolitan area' means any of the 100 most populous metropolitan statistical areas in the United States.CommentsClose CommentsPermalink





`(6) HIGH-RISK URBAN AREA- The term `high-risk urban area' means a high-risk urban area designated under section 2003(b)(3)(A).CommentsClose CommentsPermalink





`(7) INDIAN TRIBE- The term `Indian tribe' has the meaning given that term in section 4(e) of the Indian Self-Determination Act (25 U.S.C. 450b(e)).CommentsClose CommentsPermalink





`(8) METROPOLITAN STATISTICAL AREA- The term `metropolitan statistical area' means a metropolitan statistical area, as defined by the Office of Management and Budget.CommentsClose CommentsPermalink





`(9) NATIONAL SPECIAL SECURITY EVENT- The term `National Special Security Event' means a designated event that, by virtue of its political, economic, social, or religious significance, may be the target of terrorism or other criminal activity.CommentsClose CommentsPermalink





`(10) POPULATION- The term `population' means population according to the most recent United States census population estimates available at the start of the relevant fiscal year.CommentsClose CommentsPermalink





`(11) POPULATION DENSITY- The term `population density' means population divided by land area in square miles.CommentsClose CommentsPermalink





`(12) QUALIFIED INTELLIGENCE ANALYST- The term `qualified intelligence analyst' means an intelligence analyst (as that term is defined in section 210A(j)), including law enforcement personnel--CommentsClose CommentsPermalink





`(A) who has successfully completed training to ensure baseline proficiency in intelligence analysis and production, as determined by the Secretary, which may include training using a curriculum developed under section 209; orCommentsClose CommentsPermalink





`(B) whose experience ensures baseline proficiency in intelligence analysis and production equivalent to the training required under subparagraph (A), as determined by the Secretary.CommentsClose CommentsPermalink





`(13) TARGET CAPABILITIES- The term `target capabilities' means the target capabilities for Federal, State, local, and tribal government preparedness for which guidelines are required to be established under section 646(a) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 746(a)).CommentsClose CommentsPermalink





`(14) TRIBAL GOVERNMENT- The term `tribal government' means the government of an Indian tribe.CommentsClose CommentsPermalink

`Subtitle A--Grants to States and High-Risk Urban Areas

`SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.CommentsClose CommentsPermalink

`(a) Grants Authorized- The Secretary, through the Administrator, may award grants under sections 2003 and 2004 to State, local, and tribal governments.CommentsClose CommentsPermalink





`(b) Programs Not Affected- This subtitle shall not be construed to affect any of the following Federal programs:CommentsClose CommentsPermalink





`(1) Firefighter and other assistance programs authorized under the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.).CommentsClose CommentsPermalink





`(2) Grants authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).CommentsClose CommentsPermalink





`(3) Emergency Management Performance Grants under the amendments made by title II of the Implementing Recommendations of the 9/11 Commission Act of 2007.CommentsClose CommentsPermalink





`(4) Grants to protect critical infrastructure, including port security grants authorized under section 70107 of title 46, United States Code, and the grants authorized under title XIV and XV of the Implementing Recommendations of the 9/11 Commission Act of 2007 and the amendments made by such titles.CommentsClose CommentsPermalink





`(5) The Metropolitan Medical Response System authorized under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723).CommentsClose CommentsPermalink





`(6) The Interoperable Emergency Communications Grant Program authorized under title XVIII.CommentsClose CommentsPermalink





`(7) Grant programs other than those administered by the Department.CommentsClose CommentsPermalink





`(c) Relationship to Other Laws-CommentsClose CommentsPermalink





`(1) IN GENERAL- The grant programs authorized under sections 2003 and 2004 shall supercede all grant programs authorized under section 1014 of the USA PATRIOT Act (42 U.S.C. 3714).CommentsClose CommentsPermalink





`(2) ALLOCATION- The allocation of grants authorized under section 2003 or 2004 shall be governed by the terms of this subtitle and not by any other provision of law.CommentsClose CommentsPermalink

`SEC. 2003. URBAN AREA SECURITY INITIATIVE.CommentsClose CommentsPermalink

`(a) Establishment- There is established an Urban Area Security Initiative to provide grants to assist high-risk urban areas in preventing, preparing for, protecting against, and responding to acts of terrorism.CommentsClose CommentsPermalink





`(b) Assessment and Designation of High-Risk Urban Areas-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Administrator shall designate high-risk urban areas to receive grants under this section based on procedures under this subsection.CommentsClose CommentsPermalink





`(2) INITIAL ASSESSMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL- For each fiscal year, the Administrator shall conduct an initial assessment of the relative threat, vulnerability, and consequences from acts of terrorism faced by each eligible metropolitan area, including consideration of--CommentsClose CommentsPermalink





`(i) the factors set forth in subparagraphs (A) through (H) and (K) of section 2007(a)(1); andCommentsClose CommentsPermalink





`(ii) information and materials submitted under subparagraph (B).CommentsClose CommentsPermalink





`(B) SUBMISSION OF INFORMATION BY ELIGIBLE METROPOLITAN AREAS- Prior to conducting each initial assessment under subparagraph (A), the Administrator shall provide each eligible metropolitan area with, and shall notify each eligible metropolitan area of, the opportunity to--CommentsClose CommentsPermalink





`(i) submit information that the eligible metropolitan area believes to be relevant to the determination of the threat, vulnerability, and consequences it faces from acts of terrorism; andCommentsClose CommentsPermalink





`(ii) review the risk assessment conducted by the Department of that eligible metropolitan area, including the bases for the assessment by the Department of the threat, vulnerability, and consequences from acts of terrorism faced by that eligible metropolitan area, and remedy erroneous or incomplete information.CommentsClose CommentsPermalink





`(3) DESIGNATION OF HIGH-RISK URBAN AREAS-CommentsClose CommentsPermalink





`(A) DESIGNATION-CommentsClose CommentsPermalink





`(i) IN GENERAL- For each fiscal year, after conducting the initial assessment under paragraph (2), and based on that assessment, the Administrator shall designate high-risk urban areas that may submit applications for grants under this section.CommentsClose CommentsPermalink





`(ii) ADDITIONAL AREAS- Notwithstanding paragraph (2), the Administrator may--CommentsClose CommentsPermalink





`(I) in any case where an eligible metropolitan area consists of more than 1 metropolitan division (as that term is defined by the Office of Management and Budget) designate more than 1 high-risk urban area within a single eligible metropolitan area; andCommentsClose CommentsPermalink





`(II) designate an area that is not an eligible metropolitan area as a high-risk urban area based on the assessment by the Administrator of the relative threat, vulnerability, and consequences from acts of terrorism faced by the area.CommentsClose CommentsPermalink





`(iii) RULE OF CONSTRUCTION- Nothing in this subsection may be construed to require the Administrator to--CommentsClose CommentsPermalink





`(I) designate all eligible metropolitan areas that submit information to the Administrator under paragraph (2)(B)(i) as high-risk urban areas; orCommentsClose CommentsPermalink





`(II) designate all areas within an eligible metropolitan area as part of the high-risk urban area.CommentsClose CommentsPermalink





`(B) JURISDICTIONS INCLUDED IN HIGH-RISK URBAN AREAS-CommentsClose CommentsPermalink





`(i) IN GENERAL- In designating high-risk urban areas under subparagraph (A), the Administrator shall determine which jurisdictions, at a minimum, shall be included in each high-risk urban area.CommentsClose CommentsPermalink





`(ii) ADDITIONAL JURISDICTIONS- A high-risk urban area designated by the Administrator may, in consultation with the State or States in which such high-risk urban area is located, add additional jurisdictions to the high-risk urban area.CommentsClose CommentsPermalink





`(c) Application-CommentsClose CommentsPermalink





`(1) IN GENERAL- An area designated as a high-risk urban area under subsection (b) may apply for a grant under this section.CommentsClose CommentsPermalink





`(2) MINIMUM CONTENTS OF APPLICATION- In an application for a grant under this section, a high-risk urban area shall submit--CommentsClose CommentsPermalink





`(A) a plan describing the proposed division of responsibilities and distribution of funding among the local and tribal governments in the high-risk urban area;CommentsClose CommentsPermalink





`(B) the name of an individual to serve as a high-risk urban area liaison with the Department and among the various jurisdictions in the high-risk urban area; andCommentsClose CommentsPermalink





`(C) such information in support of the application as the Administrator may reasonably require.CommentsClose CommentsPermalink





`(3) ANNUAL APPLICATIONS- Applicants for grants under this section shall apply or reapply on an annual basis.CommentsClose CommentsPermalink





`(4) STATE REVIEW AND TRANSMISSION-CommentsClose CommentsPermalink





`(A) IN GENERAL- To ensure consistency with State homeland security plans, a high-risk urban area applying for a grant under this section shall submit its application to each State within which any part of that high-risk urban area is located for review before submission of such application to the Department.CommentsClose CommentsPermalink





`(B) DEADLINE- Not later than 30 days after receiving an application from a high-risk urban area under subparagraph (A), a State shall transmit the application to the Department.CommentsClose CommentsPermalink





`(C) OPPORTUNITY FOR STATE COMMENT- If the Governor of a State determines that an application of a high-risk urban area is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, the Governor shall--CommentsClose CommentsPermalink





`(i) notify the Administrator, in writing, of that fact; andCommentsClose CommentsPermalink





`(ii) provide an explanation of the reason for not supporting the application at the time of transmission of the application.CommentsClose CommentsPermalink





`(5) OPPORTUNITY TO AMEND- In considering applications for grants under this section, the Administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards.CommentsClose CommentsPermalink





`(d) Distribution of Awards-CommentsClose CommentsPermalink





`(1) IN GENERAL- If the Administrator approves the application of a high-risk urban area for a grant under this section, the Administrator shall distribute the grant funds to the State or States in which that high-risk urban area is located.CommentsClose CommentsPermalink





`(2) STATE DISTRIBUTION OF FUNDS-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 45 days after the date that a State receives grant funds under paragraph (1), that State shall provide the high-risk urban area awarded that grant not less than 80 percent of the grant funds. Any funds retained by a State shall be expended on items, services, or activities that benefit the high-risk urban area.CommentsClose CommentsPermalink





`(B) FUNDS RETAINED- A State shall provide each relevant high-risk urban area with an accounting of the items, services, or activities on which any funds retained by the State under subparagraph (A) were expended.CommentsClose CommentsPermalink





`(3) INTERSTATE URBAN AREAS- If parts of a high-risk urban area awarded a grant under this section are located in 2 or more States, the Administrator shall distribute to each such State--CommentsClose CommentsPermalink





`(A) a portion of the grant funds in accordance with the proposed distribution set forth in the application; orCommentsClose CommentsPermalink





`(B) if no agreement on distribution has been reached, a portion of the grant funds determined by the Administrator to be appropriate.CommentsClose CommentsPermalink





`(4) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS TO HIGH-RISK URBAN AREAS- A State that receives grant funds under paragraph (1) shall certify to the Administrator that the State has made available to the applicable high-risk urban area the required funds under paragraph (2).CommentsClose CommentsPermalink





`(e) Authorization of Appropriations- There are authorized to be appropriated for grants under this section--CommentsClose CommentsPermalink





`(1) $850,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





`(2) $950,000,000 for fiscal year 2009;CommentsClose CommentsPermalink





`(3) $1,050,000,000 for fiscal year 2010;CommentsClose CommentsPermalink





`(4) $1,150,000,000 for fiscal year 2011;CommentsClose CommentsPermalink





`(5) $1,300,000,000 for fiscal year 2012; andCommentsClose CommentsPermalink





`(6) such sums as are necessary for fiscal year 2013, and each fiscal year thereafter.CommentsClose CommentsPermalink

`SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.CommentsClose CommentsPermalink

`(a) Establishment- There is established a State Homeland Security Grant Program to assist State, local, and tribal governments in preventing, preparing for, protecting against, and responding to acts of terrorism.CommentsClose CommentsPermalink





`(b) Application-CommentsClose CommentsPermalink





`(1) IN GENERAL- Each State may apply for a grant under this section, and shall submit such information in support of the application as the Administrator may reasonably require.CommentsClose CommentsPermalink





`(2) MINIMUM CONTENTS OF APPLICATION- The Administrator shall require that each State include in its application, at a minimum--CommentsClose CommentsPermalink





`(A) the purpose for which the State seeks grant funds and the reasons why the State needs the grant to meet the target capabilities of that State;CommentsClose CommentsPermalink





`(B) a description of how the State plans to allocate the grant funds to local governments and Indian tribes; andCommentsClose CommentsPermalink





`(C) a budget showing how the State intends to expend the grant funds.CommentsClose CommentsPermalink





`(3) ANNUAL APPLICATIONS- Applicants for grants under this section shall apply or reapply on an annual basis.CommentsClose CommentsPermalink





`(c) Distribution to Local and Tribal Governments-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than 45 days after receiving grant funds, any State receiving a grant under this section shall make available to local and tribal governments, consistent with the applicable State homeland security plan--CommentsClose CommentsPermalink





`(A) not less than 80 percent of the grant funds;CommentsClose CommentsPermalink





`(B) with the consent of local and tribal governments, items, services, or activities having a value of not less than 80 percent of the amount of the grant; orCommentsClose CommentsPermalink





`(C) with the consent of local and tribal governments, grant funds combined with other items, services, or activities having a total value of not less than 80 percent of the amount of the grant.CommentsClose CommentsPermalink





`(2) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS TO LOCAL GOVERNMENTS- A State shall certify to the Administrator that the State has made the distribution to local and tribal governments required under paragraph (1).CommentsClose CommentsPermalink





`(3) EXTENSION OF PERIOD- The Governor of a State may request in writing that the Administrator extend the period under paragraph (1) for an additional period of time. The Administrator may approve such a request if the Administrator determines that the resulting delay in providing grant funding to the local and tribal governments is necessary to promote effective investments to prevent, prepare for, protect against, or respond to acts of terrorism.CommentsClose CommentsPermalink





`(4) EXCEPTION- Paragraph (1) shall not apply to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the Virgin Islands.CommentsClose CommentsPermalink





`(5) DIRECT FUNDING- If a State fails to make the distribution to local or tribal governments required under paragraph (1) in a timely fashion, a local or tribal government entitled to receive such distribution may petition the Administrator to request that grant funds be provided directly to the local or tribal government.CommentsClose CommentsPermalink





`(d) Multistate Applications-CommentsClose CommentsPermalink





`(1) IN GENERAL- Instead of, or in addition to, any application for a grant under subsection (b), 2 or more States may submit an application for a grant under this section in support of multistate efforts to prevent, prepare for, protect against, and respond to acts of terrorism.CommentsClose CommentsPermalink





`(2) ADMINISTRATION OF GRANT- If a group of States applies for a grant under this section, such States shall submit to the Administrator at the time of application a plan describing--CommentsClose CommentsPermalink





`(A) the division of responsibilities for administering the grant; andCommentsClose CommentsPermalink





`(B) the distribution of funding among the States that are parties to the application.CommentsClose CommentsPermalink





`(e) Minimum Allocation-CommentsClose CommentsPermalink





`(1) IN GENERAL- In allocating funds under this section, the Administrator shall ensure that--CommentsClose CommentsPermalink





`(A) except as provided in subparagraph (B), each State receives, from the funds appropriated for the State Homeland Security Grant Program established under this section, not less than an amount equal to--CommentsClose CommentsPermalink





`(i) 0.375 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2008;CommentsClose CommentsPermalink





`(ii) 0.365 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2009;CommentsClose CommentsPermalink





`(iii) 0.36 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2010;CommentsClose CommentsPermalink





`(iv) 0.355 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2011; andCommentsClose CommentsPermalink





`(v) 0.35 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2012 and in each fiscal year thereafter; andCommentsClose CommentsPermalink





`(B) for each fiscal year, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each receive, from the funds appropriated for the State Homeland Security Grant Program established under this section, not less than an amount equal to 0.08 percent of the total funds appropriated for grants under this section and section 2003.CommentsClose CommentsPermalink





`(2) EFFECT OF MULTISTATE AWARD ON STATE MINIMUM- Any portion of a multistate award provided to a State under subsection (d) shall be considered in calculating the minimum State allocation under this subsection.CommentsClose CommentsPermalink





`(f) Authorization of Appropriations- There are authorized to be appropriated for grants under this section--CommentsClose CommentsPermalink





`(1) $950,000,000 for each of fiscal years 2008 through 2012; andCommentsClose CommentsPermalink





`(2) such sums as are necessary for fiscal year 2013, and each fiscal year thereafter.CommentsClose CommentsPermalink

`SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.CommentsClose CommentsPermalink

`(a) In General- Notwithstanding section 2004(b), the Administrator may award grants to directly eligible tribes under section 2004.CommentsClose CommentsPermalink





`(b) Tribal Applications- A directly eligible tribe may apply for a grant under section 2004 by submitting an application to the Administrator that includes, as appropriate, the information required for an application by a State under section 2004(b).CommentsClose CommentsPermalink





`(c) Consistency With State Plans-CommentsClose CommentsPermalink





`(1) IN GENERAL- To ensure consistency with any applicable State homeland security plan, a directly eligible tribe applying for a grant under section 2004 shall provide a copy of its application to each State within which any part of the tribe is located for review before the tribe submits such application to the Department.CommentsClose CommentsPermalink





`(2) OPPORTUNITY FOR COMMENT- If the Governor of a State determines that the application of a directly eligible tribe is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, not later than 30 days after the date of receipt of that application the Governor shall--CommentsClose CommentsPermalink





`(A) notify the Administrator, in writing, of that fact; andCommentsClose CommentsPermalink





`(B) provide an explanation of the reason for not supporting the application.CommentsClose CommentsPermalink





`(d) Final Authority- The Administrator shall have final authority to approve any application of a directly eligible tribe. The Administrator shall notify each State within the boundaries of which any part of a directly eligible tribe is located of the approval of an application by the tribe.CommentsClose CommentsPermalink





`(e) Prioritization- The Administrator shall allocate funds to directly eligible tribes in accordance with the factors applicable to allocating funds among States under section 2007.CommentsClose CommentsPermalink





`(f) Distribution of Awards to Directly Eligible Tribes- If the Administrator awards funds to a directly eligible tribe under this section, the Administrator shall distribute the grant funds directly to the tribe and not through any State.CommentsClose CommentsPermalink





`(g) Minimum Allocation-CommentsClose CommentsPermalink





`(1) IN GENERAL- In allocating funds under this section, the Administrator shall ensure that, for each fiscal year, directly eligible tribes collectively receive, from the funds appropriated for the State Homeland Security Grant Program established under section 2004, not less than an amount equal to 0.1 percent of the total funds appropriated for grants under sections 2003 and 2004.CommentsClose CommentsPermalink





`(2) EXCEPTION- This subsection shall not apply in any fiscal year in which the Administrator--CommentsClose CommentsPermalink





`(A) receives fewer than 5 applications under this section; orCommentsClose CommentsPermalink





`(B) does not approve at least 2 applications under this section.CommentsClose CommentsPermalink





`(h) Tribal Liaison- A directly eligible tribe applying for a grant under section 2004 shall designate an individual to serve as a tribal liaison with the Department and other Federal, State, local, and regional government officials concerning preventing, preparing for, protecting against, and responding to acts of terrorism.CommentsClose CommentsPermalink





`(i) Eligibility for Other Funds- A directly eligible tribe that receives a grant under section 2004 may receive funds for other purposes under a grant from the State or States within the boundaries of which any part of such tribe is located and from any high-risk urban area of which it is a part, consistent with the homeland security plan of the State or high-risk urban area.CommentsClose CommentsPermalink





`(j) State Obligations-CommentsClose CommentsPermalink





`(1) IN GENERAL- States shall be responsible for allocating grant funds received under section 2004 to tribal governments in order to help those tribal communities achieve target capabilities not achieved through grants to directly eligible tribes.CommentsClose CommentsPermalink





`(2) DISTRIBUTION OF GRANT FUNDS- With respect to a grant to a State under section 2004, an Indian tribe shall be eligible for funding directly from that State, and shall not be required to seek funding from any local government.CommentsClose CommentsPermalink





`(3) IMPOSITION OF REQUIREMENTS- A State may not impose unreasonable or unduly burdensome requirements on an Indian tribe as a condition of providing the Indian tribe with grant funds or resources under section 2004.CommentsClose CommentsPermalink





`(k) Rule of Construction- Nothing in this section shall be construed to affect the authority of an Indian tribe that receives funds under this subtitle.CommentsClose CommentsPermalink

`SEC. 2006. TERRORISM PREVENTION.CommentsClose CommentsPermalink

`(a) Law Enforcement Terrorism Prevention Program-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Administrator shall ensure that not less than 25 percent of the total combined funds appropriated for grants under sections 2003 and 2004 is used for law enforcement terrorism prevention activities.CommentsClose CommentsPermalink





`(2) LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES- Law enforcement terrorism prevention activities include--CommentsClose CommentsPermalink





`(A) information sharing and analysis;CommentsClose CommentsPermalink





`(B) target hardening;CommentsClose CommentsPermalink





`(C) threat recognition;CommentsClose CommentsPermalink





`(D) terrorist interdiction;CommentsClose CommentsPermalink





`(E) overtime expenses consistent with a State homeland security plan, including for the provision of enhanced law enforcement operations in support of Federal agencies, including for increased border security and border crossing enforcement;CommentsClose CommentsPermalink





`(F) establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 210A(i);CommentsClose CommentsPermalink





`(G) paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts;CommentsClose CommentsPermalink





`(H) any other activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the Law Enforcement Terrorism Prevention Program; andCommentsClose CommentsPermalink





`(I) any other terrorism prevention activity authorized by the Administrator.CommentsClose CommentsPermalink





`(3) PARTICIPATION OF UNDERREPRESENTED COMMUNITIES IN FUSION CENTERS- The Administrator shall ensure that grant funds described in paragraph (1) are used to support the participation, as appropriate, of law enforcement and other emergency response providers from rural and other underrepresented communities at risk from acts of terrorism in fusion centers.CommentsClose CommentsPermalink





`(b) Office for State and Local Law Enforcement-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT- There is established in the Policy Directorate of the Department an Office for State and Local Law Enforcement, which shall be headed by an Assistant Secretary for State and Local Law Enforcement.CommentsClose CommentsPermalink





`(2) QUALIFICATIONS- The Assistant Secretary for State and Local Law Enforcement shall have an appropriate background with experience in law enforcement, intelligence, and other counterterrorism functions.CommentsClose CommentsPermalink





`(3) ASSIGNMENT OF PERSONNEL- The Secretary shall assign to the Office for State and Local Law Enforcement permanent staff and, as appropriate and consistent with sections 506(c)(2), 821, and 888(d), other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this subsection.CommentsClose CommentsPermalink





`(4) RESPONSIBILITIES- The Assistant Secretary for State and Local Law Enforcement shall--CommentsClose CommentsPermalink





`(A) lead the coordination of Department-wide policies relating to the role of State and local law enforcement in preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters within the United States;CommentsClose CommentsPermalink





`(B) serve as a liaison between State, local, and tribal law enforcement agencies and the Department;CommentsClose CommentsPermalink





`(C) coordinate with the Office of Intelligence and Analysis to ensure the intelligence and information sharing requirements of State, local, and tribal law enforcement agencies are being addressed;CommentsClose CommentsPermalink





`(D) work with the Administrator to ensure that law enforcement and terrorism-focused grants to State, local, and tribal government agencies, including grants under sections 2003 and 2004, the Commercial Equipment Direct Assistance Program, and other grants administered by the Department to support fusion centers and law enforcement-oriented programs, are appropriately focused on terrorism prevention activities;CommentsClose CommentsPermalink





`(E) coordinate with the Science and Technology Directorate, the Federal Emergency Management Agency, the Department of Justice, the National Institute of Justice, law enforcement organizations, and other appropriate entities to support the development, promulgation, and updating, as necessary, of national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers; andCommentsClose CommentsPermalink





`(F) conduct, jointly with the Administrator, a study to determine the efficacy and feasibility of establishing specialized law enforcement deployment teams to assist State, local, and tribal governments in responding to natural disasters, acts of terrorism, or other man-made disasters and report on the results of that study to the appropriate committees of Congress.CommentsClose CommentsPermalink





`(5) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to diminish, supercede, or replace the responsibilities, authorities, or role of the Administrator.CommentsClose CommentsPermalink

`SEC. 2007. PRIORITIZATION.CommentsClose CommentsPermalink

`(a) In General- In allocating funds among States and high-risk urban areas applying for grants under section 2003 or 2004, the Administrator shall consider, for each State or high-risk urban area--CommentsClose CommentsPermalink





`(1) its relative threat, vulnerability, and consequences from acts of terrorism, including consideration of--CommentsClose CommentsPermalink





`(A) its population, including appropriate consideration of military, tourist, and commuter populations;CommentsClose CommentsPermalink





`(B) its population density;CommentsClose CommentsPermalink





`(C) its history of threats, including whether it has been the target of a prior act of terrorism;CommentsClose CommentsPermalink





`(D) its degree of threat, vulnerability, and consequences related to critical infrastructure (for all critical infrastructure sectors) or key resources identified by the Administrator or the State homeland security plan, including threats, vulnerabilities, and consequences related to critical infrastructure or key resources in nearby jurisdictions;CommentsClose CommentsPermalink





`(E) the most current threat assessments available to the Department;CommentsClose CommentsPermalink





`(F) whether the State has, or the high-risk urban area is located at or near, an international border;CommentsClose CommentsPermalink





`(G) whether it has a coastline bordering an ocean (including the Gulf of Mexico) or international waters;CommentsClose CommentsPermalink





`(H) its likely need to respond to acts of terrorism occurring in nearby jurisdictions;CommentsClose CommentsPermalink





`(I) the extent to which it has unmet target capabilities;CommentsClose CommentsPermalink





`(J) in the case of a high-risk urban area, the extent to which that high-risk urban area includes--CommentsClose CommentsPermalink





`(i) those incorporated municipalities, counties, parishes, and Indian tribes within the relevant eligible metropolitan area, the inclusion of which will enhance regional efforts to prevent, prepare for, protect against, and respond to acts of terrorism; andCommentsClose CommentsPermalink





`(ii) other local and tribal governments in the surrounding area that are likely to be called upon to respond to acts of terrorism within the high-risk urban area; andCommentsClose CommentsPermalink





`(K) such other factors as are specified in writing by the Administrator; andCommentsClose CommentsPermalink





`(2) the anticipated effectiveness of the proposed use of the grant by the State or high-risk urban area in increasing the ability of that State or high-risk urban area to prevent, prepare for, protect against, and respond to acts of terrorism, to meet its target capabilities, and to otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation.CommentsClose CommentsPermalink





`(b) Types of Threat- In assessing threat under this section, the Administrator shall consider the following types of threat to critical infrastructure sectors and to populations in all areas of the United States, urban and rural:CommentsClose CommentsPermalink





`(1) Biological.CommentsClose CommentsPermalink





`(2) Chemical.CommentsClose CommentsPermalink





`(3) Cyber.CommentsClose CommentsPermalink





`(4) Explosives.CommentsClose CommentsPermalink





`(5) Incendiary.CommentsClose CommentsPermalink





`(6) Nuclear.CommentsClose CommentsPermalink





`(7) Radiological.CommentsClose CommentsPermalink





`(8) Suicide bombers.CommentsClose CommentsPermalink





`(9) Such other types of threat determined relevant by the Administrator.CommentsClose CommentsPermalink

`SEC. 2008. USE OF FUNDS.CommentsClose CommentsPermalink

`(a) Permitted Uses- Grants awarded under section 2003 or 2004 may be used to achieve target capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism, consistent with a State homeland security plan and relevant local, tribal, and regional homeland security plans, through--CommentsClose CommentsPermalink





`(1) developing and enhancing homeland security, emergency management, or other relevant plans, assessments, or mutual aid agreements;CommentsClose CommentsPermalink





`(2) designing, conducting, and evaluating training and exercises, including training and exercises conducted under section 512 of this Act and section 648 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748);CommentsClose CommentsPermalink





`(3) protecting a system or asset included on the prioritized critical infrastructure list established under section 210E(a)(2);CommentsClose CommentsPermalink





`(4) purchasing, upgrading, storing, or maintaining equipment, including computer hardware and software;CommentsClose CommentsPermalink





`(5) ensuring operability and achieving interoperability of emergency communications;CommentsClose CommentsPermalink





`(6) responding to an increase in the threat level under the Homeland Security Advisory System, or to the needs resulting from a National Special Security Event;CommentsClose CommentsPermalink





`(7) establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 210A(i);CommentsClose CommentsPermalink





`(8) enhancing school preparedness;CommentsClose CommentsPermalink





`(9) supporting public safety answering points;CommentsClose CommentsPermalink





`(10) paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts;CommentsClose CommentsPermalink





`(11) paying expenses directly related to administration of the grant, except that such expenses may not exceed 3 percent of the amount of the grant;CommentsClose CommentsPermalink





`(12) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the State Homeland Security Grant Program, the Urban Area Security Initiative (including activities permitted under the full-time counterterrorism staffing pilot), or the Law Enforcement Terrorism Prevention Program; andCommentsClose CommentsPermalink





`(13) any other appropriate activity, as determined by the Administrator.CommentsClose CommentsPermalink





`(b) Limitations on Use of Funds-CommentsClose CommentsPermalink





`(1) IN GENERAL- Funds provided under section 2003 or 2004 may not be used--CommentsClose CommentsPermalink





`(A) to supplant State or local funds, except that nothing in this paragraph shall prohibit the use of grant funds provided to a State or high-risk urban area for otherwise permissible uses under subsection (a) on the basis that a State or high-risk urban area has previously used State or local funds to support the same or similar uses; orCommentsClose CommentsPermalink





`(B) for any State or local government cost-sharing contribution.CommentsClose CommentsPermalink





`(2) PERSONNEL-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not more than 50 percent of the amount awarded to a grant recipient under section 2003 or 2004 in any fiscal year may be used to pay for personnel, including overtime and backfill costs, in support of the permitted uses under subsection (a).CommentsClose CommentsPermalink





`(B) WAIVER- At the request of the recipient of a grant under section 2003 or 2004, the Administrator may grant a waiver of the limitation under subparagraph (A).CommentsClose CommentsPermalink





`(3) CONSTRUCTION-CommentsClose CommentsPermalink





`(A) IN GENERAL- A grant awarded under section 2003 or 2004 may not be used to acquire land or to construct buildings or other physical facilities.CommentsClose CommentsPermalink





`(B) EXCEPTIONS-CommentsClose CommentsPermalink





`(i) IN GENERAL- Notwithstanding subparagraph (A), nothing in this paragraph shall prohibit the use of a grant awarded under section 2003 or 2004 to achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism, including through the alteration or remodeling of existing buildings for the purpose of making such buildings secure against acts of terrorism.CommentsClose CommentsPermalink





`(ii) REQUIREMENTS FOR EXCEPTION- No grant awarded under section 2003 or 2004 may be used for a purpose described in clause (i) unless--CommentsClose CommentsPermalink





`(I) specifically approved by the Administrator;CommentsClose CommentsPermalink





`(II) any construction work occurs under terms and conditions consistent with the requirements under section 611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9)); andCommentsClose CommentsPermalink





`(III) the amount allocated for purposes under clause (i) does not exceed the greater of $1,000,000 or 15 percent of the grant award.CommentsClose CommentsPermalink





`(4) RECREATION- Grants awarded under this subtitle may not be used for recreational or social purposes.CommentsClose CommentsPermalink





`(c) Multiple-Purpose Funds- Nothing in this subtitle shall be construed to prohibit State, local, or tribal governments from using grant funds under sections 2003 and 2004 in a manner that enhances preparedness for disasters unrelated to acts of terrorism, if such use assists such governments in achieving target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism.CommentsClose CommentsPermalink





`(d) Reimbursement of Costs-CommentsClose CommentsPermalink





`(1) PAID-ON-CALL OR VOLUNTEER REIMBURSEMENT- In addition to the activities described in subsection (a), a grant under section 2003 or 2004 may be used to provide a reasonable stipend to paid-on-call or volunteer emergency response providers who are not otherwise compensated for travel to or participation in training or exercises related to the purposes of this subtitle. Any such reimbursement shall not be considered compensation for purposes of rendering an emergency response provider an employee under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).CommentsClose CommentsPermalink





`(2) PERFORMANCE OF FEDERAL DUTY- An applicant for a grant under section 2003 or 2004 may petition the Administrator to use the funds from its grants under those sections for the reimbursement of the cost of any activity relating to preventing, preparing for, protecting against, or responding to acts of terrorism that is a Federal duty and usually performed by a Federal agency, and that is being performed by a State or local government under agreement with a Federal agency.CommentsClose CommentsPermalink





`(e) Flexibility in Unspent Homeland Security Grant Funds- Upon request by the recipient of a grant under section 2003 or 2004, the Administrator may authorize the grant recipient to transfer all or part of the grant funds from uses specified in the grant agreement to other uses authorized under this section, if the Administrator determines that such transfer is in the interests of homeland security.CommentsClose CommentsPermalink





`(f) Equipment Standards- If an applicant for a grant under section 2003 or 2004 proposes to upgrade or purchase, with assistance provided under that grant, new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under section 647 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747), the applicant shall include in its 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.CommentsClose CommentsPermalink

`Subtitle B--Grants Administration

`SEC. 2021. ADMINISTRATION AND COORDINATION.CommentsClose CommentsPermalink

`(a) Regional Coordination- The Administrator shall ensure that--CommentsClose CommentsPermalink





`(1) all recipients of grants administered by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters (excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) coordinate, as appropriate, their prevention, preparedness, and protection efforts with neighboring State, local, and tribal governments; andCommentsClose CommentsPermalink





`(2) all high-risk urban areas and other recipients of grants administered by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters (excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) that include or substantially affect parts or all of more than 1 State coordinate, as appropriate, across State boundaries, including, where appropriate, through the use of regional working groups and requirements for regional plans.CommentsClose CommentsPermalink





`(b) Planning Committees-CommentsClose CommentsPermalink





`(1) IN GENERAL- Any State or high-risk urban area receiving a grant under section 2003 or 2004 shall establish a planning committee to assist in preparation and revision of the State, regional, or local homeland security plan and to assist in determining effective funding priorities for grants under sections 2003 and 2004.CommentsClose CommentsPermalink





`(2) COMPOSITION-CommentsClose CommentsPermalink





`(A) IN GENERAL- The planning committee shall include representatives of significant stakeholders, including--CommentsClose CommentsPermalink





`(i) local and tribal government officials; andCommentsClose CommentsPermalink





`(ii) emergency response providers, which shall include representatives of the fire service, law enforcement, emergency medical response, and emergency managers.CommentsClose CommentsPermalink





`(B) GEOGRAPHIC REPRESENTATION- The members of the planning committee shall be a representative group of individuals from the counties, cities, towns, and Indian tribes within the State or high-risk urban area, including, as appropriate, representatives of rural, high-population, and high-threat jurisdictions.CommentsClose CommentsPermalink





`(3) EXISTING PLANNING COMMITTEES- Nothing in this subsection may be construed to require that any State or high-risk urban area create a planning committee if that State or high-risk urban area has established and uses a multijurisdictional planning committee or commission that meets the requirements of this subsection.CommentsClose CommentsPermalink





`(c) Interagency Coordination-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than 12 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary (acting through the Administrator), the Attorney General, the Secretary of Health and Human Services, and the heads of other agencies providing assistance to State, local, and tribal governments for preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters, shall jointly--CommentsClose CommentsPermalink





`(A) compile a comprehensive list of Federal grant programs for State, local, and tribal governments for preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters;CommentsClose CommentsPermalink





`(B) compile the planning, reporting, application, and other requirements and guidance for the grant programs described in subparagraph (A);CommentsClose CommentsPermalink





`(C) develop recommendations, as appropriate, to--CommentsClose CommentsPermalink





`(i) eliminate redundant and duplicative requirements for State, local, and tribal governments, including onerous application and ongoing reporting requirements;CommentsClose CommentsPermalink





`(ii) ensure accountability of the programs to the intended purposes of such programs;CommentsClose CommentsPermalink





`(iii) coordinate allocation of grant funds to avoid duplicative or inconsistent purchases by the recipients;CommentsClose CommentsPermalink





`(iv) make the programs more accessible and user friendly to applicants; andCommentsClose CommentsPermalink





`(v) ensure the programs are coordinated to enhance the overall preparedness of the Nation;CommentsClose CommentsPermalink





`(D) submit the information and recommendations under subparagraphs (A), (B), and (C) to the appropriate committees of Congress; andCommentsClose CommentsPermalink





`(E) provide the appropriate committees of Congress, the Comptroller General, and any officer or employee of the Government Accountability Office with full access to any information collected or reviewed in preparing the submission under subparagraph (D).CommentsClose CommentsPermalink





`(2) SCOPE OF TASK- Nothing in this subsection shall authorize the elimination, or the alteration of the purposes, as delineated by statute, regulation, or guidance, of any grant program that exists on the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, nor authorize the review or preparation of proposals on the elimination, or the alteration of such purposes, of any such grant program.CommentsClose CommentsPermalink





`(d) Sense of Congress- It is the sense of Congress that, in order to ensure that the Nation is most effectively able to prevent, prepare for, protect against, and respond to all hazards, including natural disasters, acts of terrorism, and other man-made disasters--CommentsClose CommentsPermalink





`(1) the Department should administer a coherent and coordinated system of both terrorism-focused and all-hazards grants;CommentsClose CommentsPermalink





`(2) there should be a continuing and appropriate balance between funding for terrorism-focused and all-hazards preparedness, as reflected in the authorizations of appropriations for grants under the amendments made by titles I and II, as applicable, of the Implementing Recommendations of the 9/11 Commission Act of 2007; andCommentsClose CommentsPermalink





`(3) with respect to terrorism-focused grants, it is necessary to ensure both that the target capabilities of the highest risk areas are achieved quickly and that basic levels of preparedness, as measured by the attainment of target capabilities, are achieved nationwide.CommentsClose CommentsPermalink

`SEC. 2022. ACCOUNTABILITY.CommentsClose CommentsPermalink

`(a) Audits of Grant Programs-CommentsClose CommentsPermalink





`(1) COMPLIANCE REQUIREMENTS-CommentsClose CommentsPermalink





`(A) AUDIT REQUIREMENT- Each recipient of a grant administered by the Department that expends not less than $500,000 in Federal funds during its fiscal year shall submit to the Administrator a copy of the organization-wide financial and compliance audit report required under chapter 75 of title 31, United States Code.CommentsClose CommentsPermalink





`(B) ACCESS TO INFORMATION- The Department and each recipient of a grant administered by the Department shall provide the Comptroller General and any officer or employee of the Government Accountability Office with full access to information regarding the activities carried out related to any grant administered by the Department.CommentsClose CommentsPermalink





`(C) IMPROPER PAYMENTS- Consistent with the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note), for each of the grant programs under sections 2003 and 2004 of this title and section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 762), the Administrator shall specify policies and procedures for--CommentsClose CommentsPermalink





`(i) identifying activities funded under any such grant program that are susceptible to significant improper payments; andCommentsClose CommentsPermalink





`(ii) reporting any improper payments to the Department.CommentsClose CommentsPermalink





`(2) AGENCY PROGRAM REVIEW-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not less than once every 2 years, the Administrator shall conduct, for each State and high-risk urban area receiving a grant administered by the Department, a programmatic and financial review of all grants awarded by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters, excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.).CommentsClose CommentsPermalink





`(B) CONTENTS- Each review under subparagraph (A) shall, at a minimum, examine--CommentsClose CommentsPermalink





`(i) whether the funds awarded were used in accordance with the law, program guidance, and State homeland security plans or other applicable plans; andCommentsClose CommentsPermalink





`(ii) the extent to which funds awarded enhanced the ability of a grantee to prevent, prepare for, protect against, and respond to natural disasters, acts of terrorism, and other man-made disasters.CommentsClose CommentsPermalink





`(C) AUTHORIZATION OF APPROPRIATIONS- In addition to any other amounts authorized to be appropriated to the Administrator, there are authorized to be appropriated to the Administrator for reviews under this paragraph--CommentsClose CommentsPermalink





`(i) $8,000,000 for each of fiscal years 2008, 2009, and 2010; andCommentsClose CommentsPermalink





`(ii) such sums as are necessary for fiscal year 2011, and each fiscal year thereafter.CommentsClose CommentsPermalink





`(3) OFFICE OF INSPECTOR GENERAL PERFORMANCE AUDITS-CommentsClose CommentsPermalink





`(A) IN GENERAL- In order to ensure the effective and appropriate use of grants administered by the Department, the Inspector General of the Department each year shall conduct audits of a sample of States and high-risk urban areas that receive grants administered by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters, excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.).CommentsClose CommentsPermalink





`(B) DETERMINING SAMPLES- The sample selected for audits under subparagraph (A) shall be--CommentsClose CommentsPermalink





`(i) of an appropriate size to--CommentsClose CommentsPermalink





`(I) assess the overall integrity of the grant programs described in subparagraph (A); andCommentsClose CommentsPermalink





`(II) act as a deterrent to financial mismanagement; andCommentsClose CommentsPermalink





`(ii) selected based on--CommentsClose CommentsPermalink





`(I) the size of the grants awarded to the recipient;CommentsClose CommentsPermalink





`(II) the past grant management performance of the recipient;CommentsClose CommentsPermalink





`(III) concerns identified by the Administrator, including referrals from the Administrator; andCommentsClose CommentsPermalink





`(IV) such other factors as determined by the Inspector General of the Department.CommentsClose CommentsPermalink





`(C) COMPREHENSIVE AUDITING- During the 7-year period beginning on the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General of the Department shall conduct not fewer than 1 audit of each State that receives funds under a grant under section 2003 or 2004.CommentsClose CommentsPermalink





`(D) REPORT BY THE INSPECTOR GENERAL-CommentsClose CommentsPermalink





`(i) IN GENERAL- The Inspector General of the Department shall submit to the appropriate committees of Congress an annual consolidated report regarding the audits completed during the fiscal year before the date of that report.CommentsClose CommentsPermalink





`(ii) CONTENTS- Each report submitted under clause (i) shall describe, for the fiscal year before the date of that report--CommentsClose CommentsPermalink





`(I) the audits conducted under subparagraph (A);CommentsClose CommentsPermalink





`(II) the findings of the Inspector General with respect to the audits conducted under subparagraph (A);CommentsClose CommentsPermalink





`(III) whether the funds awarded were used in accordance with the law, program guidance, and State homeland security plans and other applicable plans; andCommentsClose CommentsPermalink





`(IV) the extent to which funds awarded enhanced the ability of a grantee to prevent, prepare for, protect against, and respond to natural disasters, acts of terrorism and other man-made disasters.CommentsClose CommentsPermalink





`(iii) DEADLINE- For each year, the report required under clause (i) shall be submitted not later than December 31.CommentsClose CommentsPermalink





`(E) PUBLIC AVAILABILITY ON WEBSITE- The Inspector General of the Department shall make each audit conducted under subparagraph (A) available on the website of the Inspector General, subject to redaction as the Inspector General determines necessary to protect classified and other sensitive information.CommentsClose CommentsPermalink





`(F) PROVISION OF INFORMATION TO ADMINISTRATOR- The Inspector General of the Department shall provide to the Administrator any findings and recommendations from audits conducted under subparagraph (A).CommentsClose CommentsPermalink





`(G) EVALUATION OF GRANTS MANAGEMENT AND OVERSIGHT- Not later than 1 year after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General of the Department shall review and evaluate the grants management and oversight practices of the Federal Emergency Management Agency, including assessment of and recommendations relating to--CommentsClose CommentsPermalink





`(i) the skills, resources, and capabilities of the workforce; andCommentsClose CommentsPermalink





`(ii) any additional resources and staff necessary to carry out such management and oversight.CommentsClose CommentsPermalink





`(H) AUTHORIZATION OF APPROPRIATIONS- In addition to any other amounts authorized to be appropriated to the Inspector General of the Department, there are authorized to be appropriated to the Inspector General of the Department for audits under subparagraph (A)--CommentsClose CommentsPermalink





`(i) $8,500,000 for each of fiscal years 2008, 2009, and 2010; andCommentsClose CommentsPermalink





`(ii) such sums as are necessary for fiscal year 2011, and each fiscal year thereafter.CommentsClose CommentsPermalink





`(4) PERFORMANCE ASSESSMENT- In order to ensure that States and high-risk urban areas are using grants administered by the Department appropriately to meet target capabilities and preparedness priorities, the Administrator shall--CommentsClose CommentsPermalink





`(A) ensure that any such State or high-risk urban area conducts or participates in exercises under section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b));CommentsClose CommentsPermalink





`(B) use performance metrics in accordance with the comprehensive assessment system under section 649 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 749) and ensure that any such State or high-risk urban area regularly tests its progress against such metrics through the exercises required under subparagraph (A);CommentsClose CommentsPermalink





`(C) use the remedial action management program under section 650 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 750); andCommentsClose CommentsPermalink





`(D) ensure that each State receiving a grant administered by the Department submits a report to the Administrator on its level of preparedness, as required by section 652(c) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)).CommentsClose CommentsPermalink





`(5) CONSIDERATION OF ASSESSMENTS- In conducting program reviews and performance audits under paragraphs (2) and (3), the Administrator and the Inspector General of the Department shall take into account the performance assessment elements required under paragraph (4).CommentsClose CommentsPermalink





`(6) RECOVERY AUDITS- The Administrator shall conduct a recovery audit (as that term is defined by the Director of the Office of Management and Budget under section 3561 of title 31, United States Code) for any grant administered by the Department with a total value of not less than $1,000,000, if the Administrator finds that--CommentsClose CommentsPermalink





`(A) a financial audit has identified improper payments that can be recouped; andCommentsClose CommentsPermalink





`(B) it is cost effective to conduct a recovery audit to recapture the targeted funds.CommentsClose CommentsPermalink





`(7) REMEDIES FOR NONCOMPLIANCE-CommentsClose CommentsPermalink





`(A) IN GENERAL- If, as a result of a review or audit under this subsection or otherwise, the Administrator finds that a recipient of a grant under this title has failed to substantially comply with any provision of law or with any regulations or guidelines of the Department regarding eligible expenditures, the Administrator shall--CommentsClose CommentsPermalink





`(i) reduce the amount of payment of grant funds to the recipient by an amount equal to the amount of grants funds that were not properly expended by the recipient;CommentsClose CommentsPermalink





`(ii) limit the use of grant funds to programs, projects, or activities not affected by the failure to comply;CommentsClose CommentsPermalink





`(iii) refer the matter to the Inspector General of the Department for further investigation;CommentsClose CommentsPermalink





`(iv) terminate any payment of grant funds to be made to the recipient; orCommentsClose CommentsPermalink





`(v) take such other action as the Administrator determines appropriate.CommentsClose CommentsPermalink





`(B) DURATION OF PENALTY- The Administrator shall apply an appropriate penalty under subparagraph (A) until such time as the Administrator determines that the grant recipient is in full compliance with the law and with applicable guidelines or regulations of the Department.CommentsClose CommentsPermalink





`(b) Reports by Grant Recipients-CommentsClose CommentsPermalink





`(1) QUARTERLY REPORTS ON HOMELAND SECURITY SPENDING-CommentsClose CommentsPermalink





`(A) IN GENERAL- As a condition of receiving a grant under section 2003 or 2004, a State, high-risk urban area, or directly eligible tribe shall, not later than 30 days after the end of each Federal fiscal quarter, submit to the Administrator a report on activities performed using grant funds during that fiscal quarter.CommentsClose CommentsPermalink





`(B) CONTENTS- Each report submitted under subparagraph (A) shall at a minimum include, for the applicable State, high-risk urban area, or directly eligible tribe, and each subgrantee thereof--CommentsClose CommentsPermalink





`(i) the amount obligated to that recipient under section 2003 or 2004 in that quarter;CommentsClose CommentsPermalink





`(ii) the amount of funds received and expended under section 2003 or 2004 by that recipient in that quarter; andCommentsClose CommentsPermalink





`(iii) a summary description of expenditures made by that recipient using such funds, and the purposes for which such expenditures were made.CommentsClose CommentsPermalink





`(C) END-OF-YEAR REPORT- The report submitted under subparagraph (A) by a State, high-risk urban area, or directly eligible tribe relating to the last quarter of any fiscal year shall include--CommentsClose CommentsPermalink





`(i) the amount and date of receipt of all funds received under the grant during that fiscal year;CommentsClose CommentsPermalink





`(ii) the identity of, and amount provided to, any subgrantee for that grant during that fiscal year;CommentsClose CommentsPermalink





`(iii) the amount and the dates of disbursements of all such funds expended in compliance with section 2021(a)(1) or under mutual aid agreements or other sharing arrangements that apply within the State, high-risk urban area, or directly eligible tribe, as applicable, during that fiscal year; andCommentsClose CommentsPermalink





`(iv) how the funds were used by each recipient or subgrantee during that fiscal year.CommentsClose CommentsPermalink





`(2) ANNUAL REPORT- Any State applying for a grant under section 2004 shall submit to the Administrator annually a State preparedness report, as required by section 652(c) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)).CommentsClose CommentsPermalink





`(c) Reports by the Administrator-CommentsClose CommentsPermalink





`(1) FEDERAL PREPAREDNESS REPORT- The Administrator shall submit to the appropriate committees of Congress annually the Federal Preparedness Report required under section 652(a) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)).CommentsClose CommentsPermalink





`(2) RISK ASSESSMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL- For each fiscal year, the Administrator shall provide to the appropriate committees of Congress a detailed and comprehensive explanation of the methodologies used to calculate risk and compute the allocation of funds for grants administered by the Department, including--CommentsClose CommentsPermalink





`(i) all variables included in the risk assessment and the weights assigned to each such variable;CommentsClose CommentsPermalink





`(ii) an explanation of how each such variable, as weighted, correlates to risk, and the basis for concluding there is such a correlation; andCommentsClose CommentsPermalink





`(iii) any change in the methodologies from the previous fiscal year, including changes in variables considered, weighting of those variables, and computational methods.CommentsClose CommentsPermalink





`(B) CLASSIFIED ANNEX- The information required under subparagraph (A) shall be provided in unclassified form to the greatest extent possible, and may include a classified annex if necessary.CommentsClose CommentsPermalink





`(C) DEADLINE- For each fiscal year, the information required under subparagraph (A) shall be provided on the earlier of--CommentsClose CommentsPermalink





`(i) October 31; orCommentsClose CommentsPermalink





`(ii) 30 days before the issuance of any program guidance for grants administered by the Department.CommentsClose CommentsPermalink





`(3) TRIBAL FUNDING REPORT- At the end of each fiscal year, the Administrator shall submit to the appropriate committees of Congress a report setting forth the amount of funding provided during that fiscal year to Indian tribes under any grant program administered by the Department, whether provided directly or through a subgrant from a State or high-risk urban area.'.CommentsClose CommentsPermalink