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S 4 RS

Calendar No. 57ESCommentsClose CommentsPermalink

110th CONGRESS 1st Session S. 4

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To make the United States more secure by implementing unfinished recommendations of the 9/11 Commission to fight the war on terror more effectively, to improve homeland security, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

[Struck out->]SECTION 1. SHORT TITLE.[<-Struck out][Struck out->]This Act may be cited as the `Improving America's Security by Implementing Unfinished Recommendations of the 9/11 Commission Act of 2007'.[<-Struck out][Struck out->]SEC. 2. SENSE OF CONGRESS.[<-Struck out][Struck out->]It is the sense of Congress that Congress should enact, and the President should sign, legislation to make the United States more secure by implementing unfinished recommendations of the 9/11 Commission to fight the war on terror more effectively and to improve homeland security.[<-Struck out]SECTION 1. SHORT TITLE.

This Act may be cited as the `Improving America's Security Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) DEPARTMENT- The term `Department' means the Department of Homeland Security.CommentsClose CommentsPermalink





(2) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.CommentsClose CommentsPermalink

SEC. 3. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink





Sec. 3. Table of contents.CommentsClose CommentsPermalink

TITLE I--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

Subtitle A--Homeland Security Information Sharing Enhancement

Sec. 111. Homeland Security Advisory System and information sharing.CommentsClose CommentsPermalink





Sec. 112. Information sharing.CommentsClose CommentsPermalink





Sec. 113. Intelligence training development for State and local government officials.CommentsClose CommentsPermalink





Sec. 114. Information sharing incentives.CommentsClose CommentsPermalink

Subtitle B--Homeland Security Information Sharing Partnerships

Sec. 121. State, Local, and Regional Fusion Center Initiative.CommentsClose CommentsPermalink





Sec. 122. Homeland Security Information Sharing Fellows Program.CommentsClose CommentsPermalink





Sec. 123. Rural Policing Institute.CommentsClose CommentsPermalink

Subtitle C--Interagency Threat Assessment and Coordination Group

Sec. 131. Interagency Threat Assessment and Coordination Group.CommentsClose CommentsPermalink

TITLE II--HOMELAND SECURITY GRANTS

Sec. 201. Short title.CommentsClose CommentsPermalink





Sec. 202. Homeland Security Grant Program.CommentsClose CommentsPermalink





Sec. 203. Equipment technical assistance training.CommentsClose CommentsPermalink





Sec. 204. Technical and conforming amendments.CommentsClose CommentsPermalink

TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

Sec. 301. Dedicated funding to achieve emergency communications operability and interoperable communications.CommentsClose CommentsPermalink





Sec. 302. Border Interoperability Demonstration Project.CommentsClose CommentsPermalink

TITLE IV--EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM

TITLE V--ENHANCING SECURITY OF INTERNATIONAL TRAVEL

Sec. 4501. Modernization of the visa waiver program.CommentsClose CommentsPermalink





Sec. 4502. Strengthening the capabilities of the Human Smuggling and Trafficking Center.CommentsClose CommentsPermalink





Sec. 4503. Enhancements to the Terrorist Travel Program.CommentsClose CommentsPermalink





Sec. 4504. Enhanced driver's license.CommentsClose CommentsPermalink





Sec. 4505. Western Hemisphere Travel Initiative.CommentsClose CommentsPermalink





Sec. 506. Model ports-of-entry.CommentsClose CommentsPermalink

TITLE VI--PRIVACY AND CIVIL LIBERTIES MATTERS

Sec. 5601. Modification of authorities relating to Privacy and Civil Liberties Oversight Board.CommentsClose CommentsPermalink





Sec. 5602. Privacy and civil liberties officers.CommentsClose CommentsPermalink





Sec. 503. Department Privacy Officer.Sec. 5603. Department Privacy Officer.CommentsClose CommentsPermalink





Sec. 604. Federal Agency Data Mining Reporting Act of 2007.CommentsClose CommentsPermalink

TITLE VII--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

Sec. 6701. National Biosurveillance Integration Center.CommentsClose CommentsPermalink





Sec. 6702. Biosurveillance efforts.CommentsClose CommentsPermalink





Sec. 6703. Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction.CommentsClose CommentsPermalink

TITLE VIII--PRIVATE SECTOR PREPAREDNESS

Sec. 7801. Definitions.CommentsClose CommentsPermalink





Sec. 7802. Responsibilities of the private sector office of the Ddepartment.CommentsClose CommentsPermalink





Sec. 7803. Voluntary national preparedness standards compliance; accreditation and certification program for the private sector.CommentsClose CommentsPermalink





Sec. 7804. Sense of Congress regarding promoting an international standard for private sector preparedness.CommentsClose CommentsPermalink





Sec. 705. Report to Congress805. Demonstration project.CommentsClose CommentsPermalink





Sec. 706806. Report to Congress.CommentsClose CommentsPermalink





Sec. 807. Rule of construction.CommentsClose CommentsPermalink

TITLE VIIIIX--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

Sec. 801. Transportation security 901. Transportation security strategic planning.CommentsClose CommentsPermalink





Sec. 8902. Transportation security information sharing.CommentsClose CommentsPermalink





Sec. 803. Transportation Security 903. Transportation Security Administration personnel management.CommentsClose CommentsPermalink





Sec. 904. Appeal rights and employee engagement mechanism for passenger and property screeners.CommentsClose CommentsPermalink





Sec. 905. Plan for 100 percent scanning of cargo containers.CommentsClose CommentsPermalink

TITLE IX--INCIDENT COMMAND SYSTEM

Sec. 91001. Preidentifying and evaluating multijurisdictional facilities to strengthen incident command; private sector preparedness.CommentsClose CommentsPermalink





Sec. 91002. Credentialing and typing to strengthen incident command.CommentsClose CommentsPermalink

TITLE XI--CRITICAL INFRASTRUCTURE PROTECTION

Sec. 10101. Critical infrastructure protection.CommentsClose CommentsPermalink





Sec. 1002. Risk assessment and report.Sec. 10102. Risk assessment and report.CommentsClose CommentsPermalink





Sec. 1103. Use of existing capabilities.CommentsClose CommentsPermalink





Sec. 1104. Priorities and allocations.CommentsClose CommentsPermalink

TITLE XII--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Sec. 11201. Availability to public of certain intelligence funding information.CommentsClose CommentsPermalink





Sec. 11202. Response of intelligence community to requests from Congress.CommentsClose CommentsPermalink





Sec. 1103.203. Public Interest Declassification Board.CommentsClose CommentsPermalink





Sec. 1204. Sense of the Senate regarding a report on the 9/11 Commission recommendations with respect to intelligence reform and congressional intelligence oversight reform.CommentsClose CommentsPermalink





Sec. 1205. Availability of funds for the Public Interest Declassification Board.CommentsClose CommentsPermalink





Sec. 1206. Availability of the Executive Summary of the Report on Central Intelligence Agency Accountability Regarding the Terrorist Attacks of September 11, 2001.CommentsClose CommentsPermalink

TITLE XIII--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

Sec. 12301. Promoting antiterrorism capabilities through international cooperation.CommentsClose CommentsPermalink





Sec. 12302. Transparency of funds.CommentsClose CommentsPermalink

TITLE XIIV--TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES

TITLE XVI--MISCELLANEOUS PROVISIONS

Sec. 1301. Deputy Secretary of Homeland Secretar601. Deputy Secretary of Homeland Security for Management.CommentsClose CommentsPermalink





Sec. 13602. Sense of the Senate regarding combating domestic radicalization.CommentsClose CommentsPermalink





Sec. 13603. Sense of the Senate regarding oversight of homeland sHomeland Security.CommentsClose CommentsPermalink





Sec. 13604. Report regarding border security.CommentsClose CommentsPermalink





Sec. 1605. Law Enforcement Assistance Force.CommentsClose CommentsPermalink





Sec. 1606. Quadrennial homeland security review.CommentsClose CommentsPermalink





Sec. 1607. Integration of detection equipment and technologies.CommentsClose CommentsPermalink

TITLE I--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

Subtitle A--Homeland Security Information Sharing Enhancement

SEC. 111. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION SHARING.

(a) Advisory System and Information Sharing-CommentsClose CommentsPermalink





(1) IN GENERAL- Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

`(a) Requirement- The Secretary shall administer the Homeland Security Advisory System in accordance with this section to provide warnings regarding the risk of terrorist attacks on the homeland to Federal, State, local, and tribal government authorities and to the people of the United States, as appropriate. The Secretary shall exercise primary responsibility for providing such warnings.CommentsClose CommentsPermalink





`(b) Required Elements- In administering the Homeland Security Advisory System, the Secretary shall--CommentsClose CommentsPermalink





`(1) establish criteria for the issuance and revocation of such warnings;CommentsClose CommentsPermalink





`(2) develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation of such warnings;CommentsClose CommentsPermalink





`(3) provide, in each such warning, specific information and advice regarding appropriate protective measures and countermeasures that may be taken in response to that risk, at the maximum level of detail practicable to enable individuals, government entities, emergency response providers, and the private sector to act appropriately; andCommentsClose CommentsPermalink





`(4) whenever possible, limit the scope of each such warning to a specific region, locality, or economic sector believed to be at risk.CommentsClose CommentsPermalink

`SEC. 204. HOMELAND SECURITY INFORMATION SHARING.

`(a) Information Sharing- Consistent with section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary shall integrate and standardize the information of the intelligence components of the Department, except for any internal protocols of such intelligence components, to be administered by the Chief Intelligence Officer.CommentsClose CommentsPermalink





`(b) Information Sharing and Knowledge Management Officers- For each intelligence component of the Department, the Secretary shall designate an information sharing and knowledge management officer who shall report to the Chief Intelligence Officer regarding coordinating the different systems used in the Department to gather and disseminate homeland security information.CommentsClose CommentsPermalink





`(c) State, Local, and Private-Sector Sources of Information-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT OF BUSINESS PROCESSES- The Chief Intelligence Officer shall--CommentsClose CommentsPermalink





`(A) establish Department-wide procedures for the review and analysis of information gathered from sources in State, local, and tribal government and the private sector;CommentsClose CommentsPermalink





`(B) as appropriate, integrate such information into the information gathered by the Department and other departments and agencies of the Federal Government; andCommentsClose CommentsPermalink





`(C) make available such information, as appropriate, within the Department and to other departments and agencies of the Federal Government.CommentsClose CommentsPermalink





`(2) FEEDBACK- The Secretary shall develop mechanisms to provide feedback regarding the analysis and utility of information provided by any entity of State, local, or tribal government or the private sector that gathers information and provides such information to the Department.CommentsClose CommentsPermalink





`(d) Training and Evaluation of Employees-CommentsClose CommentsPermalink





`(1) TRAINING- The Chief Intelligence Officer shall provide to employees of the Department opportunities for training and education to develop an understanding of--CommentsClose CommentsPermalink





`(A) the definition of homeland security information; andCommentsClose CommentsPermalink





`(B) how information available to such employees as part of their duties--CommentsClose CommentsPermalink





`(i) might qualify as homeland security information; andCommentsClose CommentsPermalink





`(ii) might be relevant to the intelligence components of the Department.CommentsClose CommentsPermalink





`(2) EVALUATIONS- The Chief Intelligence Officer shall--CommentsClose CommentsPermalink





`(A) on an ongoing basis, evaluate how employees of the Office of Intelligence and Analysis and the intelligence components of the Department are utilizing homeland security information, sharing information within the Department, as described in this subtitle, and participating in the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); andCommentsClose CommentsPermalink





`(B) provide a report regarding any evaluation under subparagraph (A) to the appropriate component heads.CommentsClose CommentsPermalink

`SEC. 205. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.

`All activities to comply with sections 203 and 204 shall be--CommentsClose CommentsPermalink





`(1) implemented in coordination with the program manager for the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); andCommentsClose CommentsPermalink





`(2) consistent with and support the establishment of that environment, and any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager for the implementation and management of that environment.'.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) IN GENERAL- Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended--CommentsClose CommentsPermalink





(i) by striking paragraph (7); andCommentsClose CommentsPermalink





(ii) by redesignating paragraphs (8) through (19) as paragraphs (7) through (18), respectively.CommentsClose CommentsPermalink





(B) TABLE OF CONTENTS- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 202 the following:CommentsClose CommentsPermalink





`Sec. 203. Homeland Security Advisory System.CommentsClose CommentsPermalink





`Sec. 204. Homeland Security Information Sharing.CommentsClose CommentsPermalink





`Sec. 205. Coordination with information sharing environment.'.CommentsClose CommentsPermalink





(b) Intelligence Component Defined-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (9) through (16) as paragraphs (10) through (17), respectively; andCommentsClose CommentsPermalink





(B) by inserting after paragraph (8) the following:CommentsClose CommentsPermalink





`(9) The term `intelligence component of the Department' means any directorate, agency, or other element or entity of the Department that gathers, receives, analyzes, produces, or disseminates homeland security information.'.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) HOMELAND SECURITY ACT OF 2002- Section 501(11) of the Homeland Security Act of 2002 (6 U.S.C. 311(11)) is amended by striking `section 2(10)(B)' and inserting `section 2(11)(B)'.CommentsClose CommentsPermalink





(B) OTHER LAW- Section 712(a) of title 14, United States Code, is amended by striking `section 2(15) of the Homeland Security Act of 2002 (6 U.S.C. 101(15))' and inserting `section 2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16))'.CommentsClose CommentsPermalink





(c) Responsibilities of the Under Secretary for Information Analysis and Infrastructure Protection- Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting `, in support of the mission responsibilities of the Department and consistent with the functions of the National Counterterrorism Center established under section 119 of the National Security Act of 1947 (50 U.S.C. 50 U.S.C. 404o),' after `and to integrate such information'; andCommentsClose CommentsPermalink





(2) by striking paragraph (7), as redesignated by subsection (a)(2)(A) of this section, and inserting the following:CommentsClose CommentsPermalink





`(7) To review, analyze, and make recommendations for improvements in the policies and procedures governing the sharing of intelligence information, intelligence-related information, and other information relating to homeland security within the Federal Government and among the Federal Government and State, local, and tribal government agencies and among the Federal Government and State, local, and tribal government agencies and authorities, consistent with the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) and any policies, guidelines, procedures, instructions or standards established by the President or, as appropriate, the program manager for the implementation and management of that environment.'.CommentsClose CommentsPermalink

SEC. 112. INFORMATION SHARING.

Section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;CommentsClose CommentsPermalink





(B) by inserting before paragraph (2), as so redesignated, the following:CommentsClose CommentsPermalink





`(1) HOMELAND SECURITY INFORMATION- The term `homeland security information' has the meaning given that term in section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482).';CommentsClose CommentsPermalink





(C) in paragraph (5), as so redesignated--CommentsClose CommentsPermalink





(i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margin accordingly;CommentsClose CommentsPermalink





(ii) by striking `terrorism information' means' and inserting the following: `terrorism information'--CommentsClose CommentsPermalink





`(A) means';CommentsClose CommentsPermalink





(iii) in subparagraph (A)(iv), as so redesignated, by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





(iv) by adding at the end the following:CommentsClose CommentsPermalink





`(B) includes homeland security information and weapons of mass destruction information.'; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





`(6) WEAPONS OF MASS DESTRUCTION INFORMATION- The term `weapons of mass destruction information' means information that could reasonably be expected to assist in the development, proliferation, or use of a weapon of mass destruction (including chemical, biological, radiological, and nuclear weapons) that could be used by a terrorist or a terrorist organization against the United States, including information about the location of any stockpile of nuclear materials that could be exploited for use in such a weapon that could be used by a terrorist or a terrorist organization against the United States.';CommentsClose CommentsPermalink





(2) in subsection (b)(2)--CommentsClose CommentsPermalink





(A) in subparagraph (H), by striking `and' at the end;CommentsClose CommentsPermalink





(B) in subparagraph (I), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





`(J) integrates the information within the scope of the information sharing environment, including any such information in legacy technologies;CommentsClose CommentsPermalink





`(K) integrates technologies, including all legacy technologies, through Internet-based services;CommentsClose CommentsPermalink





`(L) allows the full range of analytic and operational activities without the need to centralize information within the scope of the information sharing environment;CommentsClose CommentsPermalink





`(M) permits analysts to collaborate both independently and in a group (commonly known as `collective and noncollective collaboration'), and across multiple levels of national security information and controlled unclassified information;CommentsClose CommentsPermalink





`(N) provides a resolution process that enables changes by authorized officials regarding rules and policies for the access, use, and retention of information within the scope of the information sharing environment; andCommentsClose CommentsPermalink





`(O) incorporates continuous, real-time, and immutable audit capabilities, to the maximum extent practicable.';CommentsClose CommentsPermalink





(3) in subsection (f)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking `during the two-year period beginning on the date of designation under this paragraph unless sooner' and inserting `until'; andCommentsClose CommentsPermalink





(ii) by striking `The program manager shall have and exercise governmentwide authority.' and inserting `Except as otherwise expressly provided by law, the program manager, in consultation with the head of any affected department or agency, shall have and exercise governmentwide authority over the sharing of information within the scope of the information sharing environment by all Federal departments, agencies, and components, irrespective of the Federal department, agency, or component in which the program manager may be administratively located.'; andCommentsClose CommentsPermalink





(B) in paragraph (2)(A)--CommentsClose CommentsPermalink





(i) by redesignating clause (iii) as clause (v); andCommentsClose CommentsPermalink





(ii) by striking clause (ii) and inserting the following:CommentsClose CommentsPermalink





`(ii) assist in the development of policies, as appropriate, to foster the development and proper operation of the ISE;CommentsClose CommentsPermalink





`(iii) issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper operation of the ISE;CommentsClose CommentsPermalink





`(iv) identify and resolve information sharing disputes between Federal departments, agencies, and components; and';CommentsClose CommentsPermalink





(4) in subsection (g)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking `during the two-year period beginning on the date of the initial designation of the program manager by the President under subsection (f)(1), unless sooner' and inserting `until';CommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (F), by striking `and' at the end;CommentsClose CommentsPermalink





(ii) by redesignating subparagraph (G) as subparagraph (I); andCommentsClose CommentsPermalink





(iii) by inserting after subparagraph (F) the following:CommentsClose CommentsPermalink





`(G) assist the program manager in identifying and resolving information sharing disputes between Federal departments, agencies, and components;CommentsClose CommentsPermalink





`(H) identify appropriate personnel for assignment to the program manager to support staffing needs identified by the program manager; and';CommentsClose CommentsPermalink





(C) in paragraph (4), by inserting `(including any subsidiary group of the Information Sharing Council)' before `shall not be subject'; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





`(5) DETAILEES- Upon a request by the Director of National Intelligence, the departments and agencies represented on the Information Sharing Council shall detail to the program manager, on a reimbursable basis, appropriate personnel identified under paragraph (2)(H).';CommentsClose CommentsPermalink





(5) in subsection (h)(1), by striking `and annually thereafter' and inserting `and not later than June 30 of each year thereafter'; andCommentsClose CommentsPermalink





(6) by striking subsection (j) and inserting the following:CommentsClose CommentsPermalink





`(j) Report on the Information Sharing Environment-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than 180 days after the date of enactment of the Improving America's Security Act of 2007, the President shall report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Homeland Security of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives on the feasibility of--CommentsClose CommentsPermalink





`(A) eliminating the use of any marking or process (including `Originator Control') intended to, or having the effect of, restricting the sharing of information within the scope of the information sharing environment between and among participants in the information sharing environment, unless the President has--CommentsClose CommentsPermalink





`(i) specifically exempted categories of information from such elimination; andCommentsClose CommentsPermalink





`(ii) reported that exemption to the committees of Congress described in the matter preceding this subparagraph; andCommentsClose CommentsPermalink





`(B) continuing to use Federal agency standards in effect on such date of enactment for the collection, sharing, and access to information within the scope of the information sharing environment relating to citizens and lawful permanent residents;CommentsClose CommentsPermalink





`(C) replacing the standards described in subparagraph (B) with a standard that would allow mission-based or threat-based permission to access or share information within the scope of the information sharing environment for a particular purpose that the Federal Government, through an appropriate process, has determined to be lawfully permissible for a particular agency, component, or employee (commonly known as an `authorized use' standard); andCommentsClose CommentsPermalink





`(D) the use of anonymized data by Federal departments, agencies, or components collecting, possessing, disseminating, or handling information within the scope of the information sharing environment, in any cases in which--CommentsClose CommentsPermalink





`(i) the use of such information is reasonably expected to produce results materially equivalent to the use of information that is transferred or stored in a non-anonymized form; andCommentsClose CommentsPermalink





`(ii) such use is consistent with any mission of that department, agency, or component (including any mission under a Federal statute or directive of the President) that involves the storage, retention, sharing, or exchange of personally identifiable information.CommentsClose CommentsPermalink





`(2) DEFINITION- In this subsection, the term `anonymized data' means data in which the individual to whom the data pertains is not identifiable with reasonable efforts, including information that has been encrypted or hidden through the use of other technology.CommentsClose CommentsPermalink





`(k) Additional Positions- The program manager is authorized to hire not more than 40 full-time employees to assist the program manager in--CommentsClose CommentsPermalink





`(1) identifying and resolving information sharing disputes between Federal departments, agencies, and components under subsection (f)(2)(A)(iv); andCommentsClose CommentsPermalink





`(2) other activities associated with the implementation of the information sharing environment, including--CommentsClose CommentsPermalink





`(A) implementing the requirements under subsection (b)(2); andCommentsClose CommentsPermalink





`(B) any additional implementation initiatives to enhance and expedite the creation of the information sharing environment.CommentsClose CommentsPermalink





`(l) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2008 and 2009.'.CommentsClose CommentsPermalink

SEC. 113. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL GOVERNMENT OFFICIALS.

(a) Curriculum- The Secretary, acting through the Chief Intelligence Officer, shall--CommentsClose CommentsPermalink





(1) develop curriculum for the training of State, local, and tribal government officials relating to the handling, review, and development of intelligence material; andCommentsClose CommentsPermalink





(2) ensure that the curriculum includes executive level training.CommentsClose CommentsPermalink





(b) Training- To the extent possible, the Federal Law Enforcement Training Center and other existing Federal entities with the capacity and expertise to train State, local, and tribal government officials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created under this section. If such entities do not have the capacity, resources, or capabilities to conduct such training, the Secretary may approve another entity to conduct the training.CommentsClose CommentsPermalink





(c) Consultation- In carrying out the duties described in subsection (a), the Chief Intelligence Officer shall consult with the Director of the Federal Law Enforcement Training Center, the Attorney General, the Director of National Intelligence, the Administrator of the Federal Emergency Management Agency, and other appropriate parties, such as private industry, institutions of higher education, nonprofit institutions, and other intelligence agencies of the Federal Government.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 114. INFORMATION SHARING INCENTIVES.

(a) Awards- In making cash awards under chapter 45 of title 5, United States Code, the President or the head of an agency, in consultation with the program manager designated under section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), may consider the success of an employee in sharing information within the scope of the information sharing environment established under that section in a manner consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of that environment for the implementation and management of that environment.CommentsClose CommentsPermalink





(b) Other Incentives- The head of each department or agency described in section 1016(i) of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation with the program manager designated under section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), shall adopt best practices regarding effective ways to educate and motivate officers and employees of the Federal Government to engage in the information sharing environment, including--CommentsClose CommentsPermalink





(1) promotions and other nonmonetary awards; andCommentsClose CommentsPermalink





(2) publicizing information sharing accomplishments by individual employees and, where appropriate, the tangible end benefits that resulted.CommentsClose CommentsPermalink

Subtitle B--Homeland Security Information Sharing Partnerships

SEC. 121. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.

(a) In General- Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by this Act, is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 206. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.

`(a) Definitions- In this section--CommentsClose CommentsPermalink





`(1) the term `Chief Intelligence Officer' means the Chief Intelligence Officer of the Department;CommentsClose CommentsPermalink





`(2) the term `fusion center' means a collaborative effort of 2 or more Federal, State, local, or tribal government agencies that combines resources, expertise, or information with the goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity;CommentsClose CommentsPermalink





`(3) the term `information sharing environment' means the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);CommentsClose CommentsPermalink





`(4) the term `intelligence analyst' means an individual who regularly advises, administers, supervises, or performs work in the collection, analysis, evaluation, reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific, or military conditions, trends, or forces in foreign or domestic areas that directly or indirectly affect national security;CommentsClose CommentsPermalink





`(5) the term `intelligence-led policing' means the collection and analysis of information to produce an intelligence end product designed to inform law enforcement decision making at the tactical and strategic levels; andCommentsClose CommentsPermalink





`(6) the term `terrorism information' has the meaning given that term in section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485).CommentsClose CommentsPermalink





`(b) Establishment- The Secretary, in consultation with the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), the Attorney General, the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a State, Local, and Regional Fusion Center Initiative to establish partnerships with State, local, and regional fusion centers.CommentsClose CommentsPermalink





`(c) Department Support and Coordination- Through the State, Local, and Regional Fusion Center Initiative, the Secretary shall--CommentsClose CommentsPermalink





`(1) coordinate with the principal officer of each State, local, or regional fusion center and the officer designated as the Homeland Security Advisor of the State;CommentsClose CommentsPermalink





`(2) provide operational and intelligence advice and assistance to State, local, and regional fusion centers;CommentsClose CommentsPermalink





`(3) support efforts to include State, local, and regional fusion centers into efforts to establish an information sharing environment;CommentsClose CommentsPermalink





`(4) conduct exercises, including live training exercises, to regularly assess the capability of individual and regional networks of State, local, and regional fusion centers to integrate the efforts of such networks with the efforts of the Department;CommentsClose CommentsPermalink





`(5) coordinate with other relevant Federal entities engaged in homeland security-related activities;CommentsClose CommentsPermalink





`(6) provide analytic and reporting advice and assistance to State, local, and regional fusion centers;CommentsClose CommentsPermalink





`(7) review homeland security information gathered by State, local, and regional fusion centers and incorporate relevant information with homeland security information of the Department;CommentsClose CommentsPermalink





`(8) provide management assistance to State, local, and regional fusion centers;CommentsClose CommentsPermalink





`(9) serve as a point of contact to ensure the dissemination of relevant homeland security information;CommentsClose CommentsPermalink





`(10) facilitate close communication and coordination between State, local, and regional fusion centers and the Department;CommentsClose CommentsPermalink





`(11) provide State, local, and regional fusion centers with expertise on Department resources and operations;`(12) provide training to State, local, and operations;CommentsClose CommentsPermalink





`(12) provide training to State, local, and regional fusion centers and encourage such fusion centers to participate in terrorist threat-related exercises conducted by the Department; andCommentsClose CommentsPermalink





`(13) carry out such other duties as the Secretary determines are appropriate.CommentsClose CommentsPermalink





`(d) Personnel Assignment-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Chief Intelligence Officer may, to the maximum extent practicable, assign officers and intelligence analysts from components of the Department to State, local, and regional fusion centers.CommentsClose CommentsPermalink





`(2) PERSONNEL SOURCES- Officers and intelligence analysts assigned to fusion centers under this subsection may be assigned from the following Department components, in consultation with the respective component head:CommentsClose CommentsPermalink





`(A) Office of Intelligence and Analysis, or its successor.CommentsClose CommentsPermalink





`(B) Office of Infrastructure Protection.CommentsClose CommentsPermalink





`(C) Transportation Security Administration.CommentsClose CommentsPermalink





`(D) United States Customs and Border Protection.CommentsClose CommentsPermalink





`(E) United States Immigration and Customs Enforcement.CommentsClose CommentsPermalink





`(F) United States Coast Guard.CommentsClose CommentsPermalink





`(G) Other intelligence components of the Department, as determined by the Secretary.CommentsClose CommentsPermalink





`(3) PARTICIPATION-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary may develop qualifying criteria for a fusion center to participate in the assigning of Department officers or intelligence analysts under this section.CommentsClose CommentsPermalink





`(B) CRITERIA- Any criteria developed under subparagraph (A) may include--CommentsClose CommentsPermalink





`(i) whether the fusion center, through its mission and governance structure, focuses on a broad counterterrorism approach, and whether that broad approach is pervasive through all levels of the organization;CommentsClose CommentsPermalink





`(ii) whether the fusion center has sufficient numbers of adequately trained personnel to support a broad counterterrorism mission;CommentsClose CommentsPermalink





`(iii) whether the fusion center has--CommentsClose CommentsPermalink





`(I) access to relevant law enforcement, emergency response, private sector, open source, and national security data; andCommentsClose CommentsPermalink





`(II) the ability to share and analytically exploit that data for authorized purposes;CommentsClose CommentsPermalink





`(iv) whether the fusion center is adequately funded by the State, local, or regional government to support its counterterrorism mission; andCommentsClose CommentsPermalink





`(v) the relevancy of the mission of the fusion center to the particular source component of Department officers or intelligence analysts.CommentsClose CommentsPermalink





`(4) PREREQUISITE-CommentsClose CommentsPermalink





`(A) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL LIBERTIES TRAINING- Before being assigned to a fusion center under this section, an officer or intelligence analyst shall undergo--CommentsClose CommentsPermalink





`(i) appropriate intelligence analysis or information sharing training using an intelligence-led policing curriculum that is consistent with--CommentsClose CommentsPermalink





`(I) standard training and education programs offered to Department law enforcement and intelligence personnel; andCommentsClose CommentsPermalink





`(II) the Criminal Intelligence Systems Operating Policies under part 23 of title 28, Code of Federal Regulations (or any corresponding similar regulation or ruling);CommentsClose CommentsPermalink





`(ii) appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer appointed under section 222 and the Officer for Civil Rights and Civil Liberties of the Department, in partnership with the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note); andCommentsClose CommentsPermalink





`(iii) such other training prescribed by the Chief Intelligence Officer.CommentsClose CommentsPermalink





`(B) PRIOR WORK EXPERIENCE IN AREA- In determining the eligibility of an officer or intelligence analyst to be assigned to a fusion center under this section, the Chief Intelligence Officer shall consider the familiarity of the officer or intelligence analyst with the State, locality, or region, as determined by such factors as whether the officer or intelligence analyst--CommentsClose CommentsPermalink





`(i) has been previously assigned in the geographic area; orCommentsClose CommentsPermalink





`(ii) has previously worked with intelligence officials or emergency response providers from that State, locality, or region.CommentsClose CommentsPermalink





`(5) EXPEDITED SECURITY CLEARANCE PROCESSING- The Chief Intelligence Officer--CommentsClose CommentsPermalink





`(A) shall ensure that each officer or intelligence analyst assigned to a fusion center under this section has the appropriate clearance to contribute effectively to the mission of the fusion center; andCommentsClose CommentsPermalink





`(B) may request that security clearance processing be expedited for each such officer or intelligence analyst.CommentsClose CommentsPermalink





`(6) FURTHER QUALIFICATIONS- Each officer or intelligence analyst assigned to a fusion center under this section shall satisfy any other qualifications the Chief Intelligence Officer may prescribe.CommentsClose CommentsPermalink





`(e) Responsibilities- An officer or intelligence analyst assigned to a fusion center under this section shall--CommentsClose CommentsPermalink





`(1) assist law enforcement agencies and other emergency response providers of State, local, and tribal governments and fusion center personnel in using Federal homeland security information to develop a comprehensive and accurate threat picture;CommentsClose CommentsPermalink





`(2) review homeland security-relevant information from law enforcement agencies and other emergency response providers of State, local, and tribal government;CommentsClose CommentsPermalink





`(3) create intelligence and other information products derived from such information and other homeland security-relevant information provided by the Department;CommentsClose CommentsPermalink





`(4) assist in the dissemination of such products, under the coordination of the Chief Intelligence Officer, to law enforcement agencies and other emergency response providers of State, local, and tribal government; andCommentsClose CommentsPermalink





`(5) assist in the dissemination of such products to the Chief Intelligence Officer for collection and dissemination to other fusion centers.CommentsClose CommentsPermalink





`(f) Database Access- In order to fulfill the objectives described under subsection (e), each officer or intelligence analyst assigned to a fusion center under this section shall have direct access to all relevant Federal databases and information systems, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment for the implementation and management of that environment.CommentsClose CommentsPermalink





`(g) Consumer Feedback-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary shall create a mechanism for any State, local, or tribal emergency response provider who is a consumer of the intelligence or other information products described under subsection (e) to voluntarily provide feedback to the Department on the quality and utility of such intelligence products.CommentsClose CommentsPermalink





`(2) RESULTS- The results of the voluntary feedback under paragraph (1) shall be provided electronically to Congress and appropriate personnel of the Department.CommentsClose CommentsPermalink





`(h) Rule of Construction-CommentsClose CommentsPermalink





`(1) IN GENERAL- The authorities granted under this section shall supplement the authorities granted under section 201(d) and nothing in this section shall be construed to abrogate the authorities granted under section 201(d).CommentsClose CommentsPermalink





`(2) PARTICIPATION- Nothing in this section shall be construed to require a State, local, or regional government or entity to accept the assignment of officers or intelligence analysts of the Department into the fusion center of that State, locality, or region.CommentsClose CommentsPermalink





`(i) Guidelines- The Secretary, in consultation with the Attorney General of the United States, shall establish guidelines for fusion centers operated by State and local governments, to include standards that any such fusion center shall--CommentsClose CommentsPermalink





`(1) collaboratively develop a mission statement, identify expectations and goals, measure performance, and determine effectiveness for that fusion center;CommentsClose CommentsPermalink





`(2) create a representative governance structure that includes emergency response providers and, as appropriate, the private sector;CommentsClose CommentsPermalink





`(3) create a collaborative environment for the sharing of information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) among Federal, State, tribal, and local emergency response providersand intelligence among Federal, State, tribal, and local government agencies (including emergency response providers), the private sector, and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment;CommentsClose CommentsPermalink





`(4) leverage the databases, systems, and networks available from public and private sector entities to maximize information sharing;CommentsClose CommentsPermalink





`(5) develop, publish, and adhere to a privacy and civil liberties policy consistent with Federal, State, and local law;CommentsClose CommentsPermalink





`(6) ensure appropriate security measures are in place for the facility, data, and personnel;CommentsClose CommentsPermalink





`(7) select and train personnel based on the needs, mission, goals, and functions of that fusion center;CommentsClose CommentsPermalink





and`(8) offer a variety of intelligence services and products to recipients of fusion center intelligence and information; andCommentsClose CommentsPermalink





`(9) incorporate emergency response providers, and, as appropriate, the private sector, into all relevant phases of the intelligence and fusion process through full time representatives or liaison officers.CommentsClose CommentsPermalink





`(j) Authorization of Appropriations- Except for subsection (i), there are authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012, to carry out this section, including for hiring officers and intelligence analysts to replace officers and intelligence analysts who are assigned to fusion centers under this section.'.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 205, as added by this Act, the following:CommentsClose CommentsPermalink





`Sec. 206. State, Local, and Regional Information Fusion Center Initiative.'.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) CONCEPT OF OPERATIONS- Not later than 90 days after the date of enactment of this Act and before the State, Local, and Regional Fusion Center Initiative under section 206 of the Homeland Security Act of 2002, as added by subsection (a), (in this section referred to as the `program') has been implemented, the Secretary, in consultation with the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that contains a concept of operations for the program, which shall--CommentsClose CommentsPermalink





(A) include a clear articulation of the purposes, goals, and specific objectives for which the program is being developed;CommentsClose CommentsPermalink





(B) identify stakeholders in the program and provide an assessment of their needs;CommentsClose CommentsPermalink





(C) contain a developed set of quantitative metrics to measure, to the extent possible, program output;CommentsClose CommentsPermalink





(D) contain a developed set of qualitative instruments (including surveys and expert interviews) to assess the extent to which stakeholders believe their needs are being met; andCommentsClose CommentsPermalink





(E) include a privacy and civil liberties impact assessment.CommentsClose CommentsPermalink





(2) PRIVACY AND CIVIL LIBERTIES- Not later than 1 year after the date on which the program is implemented, the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), in consultation with the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, shall submit to Congress, the Secretary, and the Chief Intelligence Officer of the Department a report on the privacy and civil liberties impact of the program.CommentsClose CommentsPermalink

SEC. 122. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.

(a) Establishment of Program- Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by this Act, is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 207. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.

`(a) Establishment-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary, acting through the Chief Intelligence Officer, and in consultation with the Chief Human Capital Officer, shall establish a fellowship program in accordance with this section for the purpose of--CommentsClose CommentsPermalink





`(A) detailing State, local, and tribal law enforcement officers and intelligence analysts to the Department in accordance with subchapter VI of chapter 33 of title 5, United States Code, to participate in the work of the Office of Intelligence and Analysis in order to become familiar with--CommentsClose CommentsPermalink





`(i) the relevant missions and capabilities of the Department and other Federal agencies; andCommentsClose CommentsPermalink





`(ii) the role, programs, products, and personnel of the Office of Intelligence and Analysis; andCommentsClose CommentsPermalink





`(B) promoting information sharing between the Department and State, local, and tribal law enforcement officers and intelligence analysts by assigning such officers and analysts to--CommentsClose CommentsPermalink





`(i) serve as a point of contact in the Department to assist in the representation of State, local, and tribal homeland security information needs;CommentsClose CommentsPermalink





`(ii) identify homeland security information of interest to State, local, and tribal law enforcement officers, emergency response providers, and intelligence analysts; andCommentsClose CommentsPermalink





`(iii) assist Department analysts in preparing and disseminating terrorism-related products that are tailored to State, local, and tribal emergency response providers, law enforcement officers, and intelligence analysts and designed to prepare for and thwart terrorist attacks.CommentsClose CommentsPermalink





`(2) PROGRAM NAME- The program under this section shall be known as the `Homeland Security Information Sharing Fellows Program'.CommentsClose CommentsPermalink





`(b) Eligibility-CommentsClose CommentsPermalink





`(1) IN GENERAL- In order to be eligible for selection as an Information Sharing Fellow under the program under this section, an individual shall--CommentsClose CommentsPermalink





`(A) have homeland security-related responsibilities;CommentsClose CommentsPermalink





`(B) be eligible for an appropriate national security clearance;CommentsClose CommentsPermalink





`(C) possess a valid need for access to classified information, as determined by the Chief Intelligence Officer;CommentsClose CommentsPermalink





`(D) be an employee of an eligible entity; andCommentsClose CommentsPermalink





`(E) have undergone appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer and the Officer for Civil Rights and Civil Rights and Civil Liberties, in partnership with the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note).CommentsClose CommentsPermalink





`(2) ELIGIBLE ENTITIES- In this subsection, the term `eligible entity' means--CommentsClose CommentsPermalink





`(A) a State, local, or regional fusion center;CommentsClose CommentsPermalink





`(B) a State or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the Secretary;CommentsClose CommentsPermalink





`(C) a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary;CommentsClose CommentsPermalink





`(D) a tribal law enforcement or other authority; orCommentsClose CommentsPermalink





`(E) such other entity as the Secretary determines is appropriate.CommentsClose CommentsPermalink





`(c) Optional Participation- No State, local, or tribal law enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program.CommentsClose CommentsPermalink





`(d) Procedures for Nomination and Selection-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Chief Intelligence Officer shall establish procedures to provide for the nomination and selection of individuals to participate in the Homeland Security Information Sharing Fellows Program.CommentsClose CommentsPermalink





`(2) LIMITATIONS- The Chief Intelligence Officer shall--CommentsClose CommentsPermalink





`(A) select law enforcement officers and intelligence analysts representing a broad cross-section of State, local, and tribal agencies; andCommentsClose CommentsPermalink





`(B) ensure that the number of Information Sharing Fellows selected does not impede the activities of the Office of Intelligence and Analysis.CommentsClose CommentsPermalink





`(e) Definitions- In this section--CommentsClose CommentsPermalink





`(1) the term `Chief Intelligence Officer' means the Chief Intelligence Officer of the Department; andCommentsClose CommentsPermalink





`(2) the term `Office of Intelligence and Analysis' means the office of the Chief Intelligence Officer.'.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 206, as added by this Act, the following:CommentsClose CommentsPermalink





`Sec. 207. Homeland Security Information Sharing Fellows Program.'.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) CONCEPT OF OPERATIONS- Not later than 90 days after the date of enactment of this Act, and before the implementation of the Homeland Security Information Sharing Fellows Program under section 207 of the Homeland Security Act of 2002, as added by subsection (a), (in this section referred to as the `Program') the Secretary, in consultation with the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that contains a concept of operations for the Program, which shall include a privacy and civil liberties impact assessment.CommentsClose CommentsPermalink





(2) REVIEW OF PRIVACY IMPACT- Not later than 1 year after the date on which the Program is implemented, the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), in consultation with the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, shall submit to Congress, the Secretary, and the Chief Intelligence Officer of the Department a report on the privacy and civil liberties impact of the Program.CommentsClose CommentsPermalink

Subtitle C--Interagency Threat Assessment and Coordination Group

SEC. 131. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.

(a) In General- As part of efforts to establish the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the program manager shall oversee and coordinate the creation and ongoing operation of an Interagency Threat Assessment and Coordination Group (in this section referred to as the `ITACG').CommentsClose CommentsPermalink





(b) Responsibilities- The ITACG shall facilitate the production of federally coordinated products derived from information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) and intended for distribution to State, local, and tribal government officials and the private sector.CommentsClose CommentsPermalink





(c) Operations-CommentsClose CommentsPermalink





(1) IN GENERAL- The ITACG shall be located at the facilities of the National Counterterrorism Center of the Office of the Director of National Intelligence.CommentsClose CommentsPermalink





(2) MANAGEMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall assign a senior level officer to manage and direct the administration of the ITACG.CommentsClose CommentsPermalink





(B) DISTRIBUTION- The Secretary, in consultation with the Attorney General and the heads of other agencies, as appropriate, shall determine how specific products shall be distributed to State, local, and tribal officials and private sector partners under this section.CommentsClose CommentsPermalink





(C) STANDARDS FOR ADMISSION- The Secretary, acting through the Chief Intelligence Officer and in consultation with the Director of National Intelligence, the Attorney General, and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), shall establish standards for the admission of law enforcement and intelligence officials from a State, local, or tribal government into the ITACG.CommentsClose CommentsPermalink





(d) Membership-CommentsClose CommentsPermalink





(1) IN GENERAL- The ITACG shall include representatives of--CommentsClose CommentsPermalink





(A) the Department;CommentsClose CommentsPermalink





(B) the Federal Bureau of Investigation;CommentsClose CommentsPermalink





(C) the Department of Defense;CommentsClose CommentsPermalink





(D) the Department of Energy;CommentsClose CommentsPermalink





(E) law enforcement and intelligence officials from State, local, and tribal governments, as appropriate; andCommentsClose CommentsPermalink





(F) other Federal entities as appropriate.CommentsClose CommentsPermalink





(2) CRITERIA- The program manager for the information sharing environment, in consultation with the Secretary of Defense, the Secretary, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation shall develop qualifying criteria and establish procedures for selecting personnel assigned to the ITACG and for the proper handling and safeguarding of information related to terrorism.CommentsClose CommentsPermalink





(e) Inapplicability of the Federal Advisory Committee Act- The ITACG and any subsidiary groups thereof shall not be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.).CommentsClose CommentsPermalink

TITLE II--HOMELAND SECURITY GRANTS

SEC. 201. SHORT TITLE.

This title may be cited as the `Homeland Security Grant Enhancement Act of 2007'.CommentsClose CommentsPermalink

SEC. 202. HOMELAND SECURITY GRANT PROGRAM.

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.

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





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





`(A) any Indian tribe that--CommentsClose CommentsPermalink





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





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





`(iii) is located--CommentsClose CommentsPermalink





`(I) on, or within 50 miles of, an international border or a coastline bordering an ocean or international waters;CommentsClose CommentsPermalink





`(II) within 10 miles of critical infrastructure or has critical infrastructure within its territory; orCommentsClose CommentsPermalink





`(III) within or contiguous to 1 of the 50 largest metropolitan statistical areas in the United States; andCommentsClose CommentsPermalink





`(iv) certifies to the Secretary that a State is not making funds distributed under this title available to the Indian tribe or consortium of Indian tribes for the purpose for which the Indian tribe or consortium of Indian tribes is seeking grant funds; andCommentsClose CommentsPermalink





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





`(4) ELIGIBLE METROPOLITAN AREA- The term `eligible metropolitan area' means the following:CommentsClose CommentsPermalink





`(A) IN GENERAL- A combination of 2 or more incorporated municipalities, counties, parishes, or Indian tribes that--CommentsClose CommentsPermalink





`(i) is within--CommentsClose CommentsPermalink





`(I) any of the 100 largest metropolitan statistical areas in the United States; orCommentsClose CommentsPermalink





`(II) any combined statistical area, of which any metropolitan statistical area described in subparagraph (A) is a part; andCommentsClose CommentsPermalink





`(ii) includes the city with the largest population in that metropolitan statistical area.CommentsClose CommentsPermalink





`(B) OTHER COMBINATIONS- Any other combination of contiguous local or tribal governments that are formally certified by the Administrator as an eligible metropolitan area for purposes of this title with the consent of the State or States in which such local or tribal governments are located.CommentsClose CommentsPermalink





`(C) INCLUSION OF ADDITIONAL LOCAL GOVERNMENTS- An eligible metropolitan area may include additional local or tribal governments outside the relevant metropolitan statistical area or combined statistical area that are likely to be affected by, or be called upon to respond to, a terrorist attack within the metropolitan statistical area.CommentsClose CommentsPermalink





`(5) 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





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





`(7) 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





`(8) 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





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





`(10) 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





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

`SEC. 2002. HOMELAND SECURITY GRANT PROGRAM.

`(a) Establishment- There is established a Homeland Security Grant Program, which shall consist of--`(1) the Urban Area Security Initiative established under section 2003, or any successor thereto;`(2) the State Homeland Security Grant Program established under section 2004, or any successor thereto;`(3) the Emergency Management Performance Grant Program established under section 2005 or any successor thereto; and`(4) the Emergency Communications and Interoperability Grants Program established under section 1809, or any successor thereto.`(b) Grants Authorized- The Secretary, through the Administrator, may award grants to State, local, and tribal governments under the Homeland Security Grant Program for the purposes of this title.`(c) for the purposes of this title.CommentsClose CommentsPermalink





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





`(1) The firefighter assistance programs authorized under section 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a).CommentsClose CommentsPermalink





`(2) Except as provided in subsection (d), all grant programsThe Urban Search and Rescue Grant Program authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), including the Urban Search and Rescue Grant Program.`(3) Grants to protect critical .CommentsClose CommentsPermalink





`(3) Grants to protect critical infrastructure, including port security grants authorized under section 70107 of title 46, United States Code, and the grants authorized in title XIV and XV of the Improving America's Security Act of 2007.CommentsClose CommentsPermalink





`(4) 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





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





`(dc) Relationship to Other Laws-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Homeland Security Grant Program shall supercede--`(A) all grant grant programs authorized under section this title shall supercede all grant programs authorized under section 1014 of the USA PATRIOT Act (42 U.S.C. 3714); and`(B) the Emergency Management Performance Grant authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and section .CommentsClose CommentsPermalink





`(2) PROGRAM INTEGRITY- Each grant program under this title, section 1809 of this Act, or section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 762).`(2) PROGRAM INTEGRITY- Each grant program described under paragraphs (1) through (4) of subsection (a3) shall include, consistent with the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note), policies and procedures for--CommentsClose CommentsPermalink





`(A) identifying activities funded under the Homeland Security Grant Pany such grant program that are susceptible to significant improper payments; andCommentsClose CommentsPermalink





`(B) reporting the incidence of improper payments to the Department.CommentsClose CommentsPermalink





`(3) ALLOCATION- Except as provided under paragraph (2) of this subsection, the allocation of grants authorized under this title shall be governed by the terms of this title and not by any other provision of law.CommentsClose CommentsPermalink





`(ed) Minimum Performance Requirements-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Administrator shall--CommentsClose CommentsPermalink





`(A) establish minimum performance requirements for entities that receive homeland security grants;CommentsClose CommentsPermalink





`(B) conduct, in coordination with State, regional, local, and tribal governments receiving grants under the Homeland Security Grant Programis title, section 1809 of this Act, or section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 763), simulations and exercises to test the minimum performance requirements established under subparagraph (A) for--CommentsClose CommentsPermalink





`(i) emergencies (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) and major disasters not less than twice each year; andCommentsClose CommentsPermalink





`(ii) catastrophic incidents (as that term is defined in section 501) not less than once each year; andCommentsClose CommentsPermalink





`(C) ensure that entities that the Administrator determines are failing to demonstrate minimum performance requirements established under subparagraph (A) shall remedy the areas of failure, not later than the end of the second full fiscal year after the date of such determination by--CommentsClose CommentsPermalink





`(i) establishing a plan for the achievement of the minimum performance requirements under subparagraph (A), including--CommentsClose CommentsPermalink





`(I) developing intermediate indicators for the 2 fiscal years following the date of such determination; andCommentsClose CommentsPermalink





`(II) conducting additional simulations and exercises; andCommentsClose CommentsPermalink





`(ii) revising an entity's homeland security plan, if necessary, to achieve the minimum performance requirements under subparagraph (A).CommentsClose CommentsPermalink





`(2) WAIVER- At the discretion of the Administrator, the occurrence of an actual emergency, major disaster, or catastrophic incident in an area may be deemed as a simulation under paragraph (1)(B).CommentsClose CommentsPermalink





`(3) REPORT TO CONGRESS- Not later than the end of the first full fiscal year after the date of enactment of the Improving America's Security Act of 2007, and each fiscal year thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and to the Committee on Homeland Security of the House of Representatives a report describing--CommentsClose CommentsPermalink





`(A) the performance of grantees under paragraph (1)(A);CommentsClose CommentsPermalink





`(B) lessons learned through the simulations and exercises under paragraph (1)(B); andCommentsClose CommentsPermalink





`(C) efforts being made to remedy failed performance under paragraph (1)(C).CommentsClose CommentsPermalink

`SEC. 2003. URBAN AREA SECURITY INITIATIVE.

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





`(b) Application-CommentsClose CommentsPermalink





`(1) IN GENERAL- An eligible metropolitan area may apply for grants under this section.CommentsClose CommentsPermalink





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





`(3) INFORMATION- In an application for a grant under this section, an eligible metropolitan 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 eligible metropolitan area;CommentsClose CommentsPermalink





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





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





`(c) State Review and Transmission-CommentsClose CommentsPermalink





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





`(2) DEADLINE- Not later than 30 days after receiving an application from an eligible metropolitan area under paragraph (1), each such State shall transmit the application to the Department.CommentsClose CommentsPermalink





`(3) STATE DISAGREEMENT- If the Governor of any such State determines that an application of an eligible metropolitan area is inconsistent with the State homeland security plan of that State, or otherwise does not support the 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 at the time of transmission of the application.CommentsClose CommentsPermalink





`(d) Prioritization- In allocating funds among metropolitan areas applying for grants under this section, the Administrator shall consider--CommentsClose CommentsPermalink





`(1) the relative threat, vulnerability, and consequences faced by the eligible metropolitan area from a terrorist attack, including consideration of--CommentsClose CommentsPermalink





`(A) the population of the eligible metropolitan area, including appropriate consideration of military, tourist, and commuter populations;CommentsClose CommentsPermalink





`(B) the population density of the eligible metropolitan area;CommentsClose CommentsPermalink





`(C) the history of threats faced by the eligible metropolitan area, including--CommentsClose CommentsPermalink





`(i) whether there has been a prior terrorist attack in the eligible metropolitan area; andCommentsClose CommentsPermalink





`(ii) whether any part of the eligible metropolitan area, or any critical infrastructure or key resource within the eligible metropolitan area, has ever experienced a higher threat level under the Homeland Security Advisory System than other parts of the United States;CommentsClose CommentsPermalink





`(D) the degree of threat, vulnerability, and consequences to the eligible metropolitan area related to critical infrastructure or key resources identified by the Secretary or the State homeland security plan, including threats, vulnerabilities, and consequences from critical infrastructure in nearby jurisdictions;CommentsClose CommentsPermalink





`(E) whether the eligible metropolitan area is located at or near an international border;CommentsClose CommentsPermalink





`(F) whether the eligible metropolitan area has a coastline bordering ocean or international waters;CommentsClose CommentsPermalink





`(G) threats, vulnerabilities, and consequences faced by the eligible metropolitan area related to at-risk sites or activities in nearby jurisdictions, including the need to respond to terrorist attacks arising in those jurisdictions;CommentsClose CommentsPermalink





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





`(I) the extent to which the eligible metropolitan area has unmet target capabilities;CommentsClose CommentsPermalink





`(J) the extent to which the eligible metropolitan area includes--CommentsClose CommentsPermalink





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





`(ii) other local governments and tribes that are likely to be called upon to respond to a terrorist attack within the eligible metropolitan area; andCommentsClose CommentsPermalink





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





`(2) the anticipated effectiveness of the proposed spending plan for the eligible metropolitan area in increasing the ability of that eligible metropolitan area to prevent, prepare for, protect against, respond to, and recover from terrorism, to meet its target capabilities, and to otherwise reduce the overall risk to the metropolitan area, the State, and the Nation.CommentsClose CommentsPermalink





`(e) Opportunity Tto 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





`(f) Allowable Uses- Grants awarded under this section may be used to achieve target capabilities, consistent with a State homeland security plan and relevant local and regional homeland security plans, through--CommentsClose CommentsPermalink





`(1) developing and enhancing State, local, or regional plans, risk assessments, or mutual aid agreements;CommentsClose CommentsPermalink





`(2) purchasing, upgrading, storing, or maintaining equipment;CommentsClose CommentsPermalink





`(3) designing, conducting, and evaluating training and exercises, including exercises of mass evacuation plans under section 512 and including the payment of overtime and backfill costs in support of such activities;CommentsClose CommentsPermalink





`(4) 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, including payment of overtime and backfill costs;CommentsClose CommentsPermalink





`(5) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers that comply with the guidelines established under section 206(i);CommentsClose CommentsPermalink





`(6) protecting critical infrastructure and key resources identified in the Critical Infrastructure List established under section 10101 of the Improving America's Security Act of 2007, including the payment of appropriate personnel costs;CommentsClose CommentsPermalink





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





`(8) any other activity relating to achieving target capabilities approved by the Administrator.CommentsClose CommentsPermalink





`(g) Distribution of Awards to Metropolitan Areas-CommentsClose CommentsPermalink





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





`(2) STATE DISTRIBUTION OF FUNDS-CommentsClose CommentsPermalink





`(A) IN GENERAL- Each State shall provide the eligible metropolitan area not less than 80 percent of the grant funds. Any funds retained by a State shall be expended on items or services approved by the Administrator that benefit the eligible metropolitan area.CommentsClose CommentsPermalink





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





`(3) MULTISTATE REGIONS- If parts of an eligible metropolitan area awarded a grant are located in 2 or more States, the Secretary 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 in proportion to each State's share of the population of the eligible metropolitan area.CommentsClose CommentsPermalink





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





`(1) for fiscal year 2007, such sums as are necessary;CommentsClose CommentsPermalink





`(2) for each of fiscal years 2008, 2009, and 2010, $1,278,639,000; andCommentsClose CommentsPermalink





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

`SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.

`(a) Establishment- There is established a State Homeland Security Grant Program to assist State, local, and tribal governments in preventing, preparing for, protecting against, responding to, and recovering from 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) ANNUAL APPLICATIONS- Applicants for grants under this section shall apply or reapply on an annual basis for grants distributed under the program.CommentsClose CommentsPermalink





`(c) Prioritization- In allocating funds among States applying for grants under this section, the Administrator shall consider--CommentsClose CommentsPermalink





`(1) the relative threat, vulnerability, and consequences faced by a State from a terrorist attack, including consideration of--CommentsClose CommentsPermalink





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





`(B) the population density of the State;CommentsClose CommentsPermalink





`(C) the history of threats faced by the State, including--CommentsClose CommentsPermalink





`(i) whether there has been a prior terrorist attack in an urban area that is wholly or partly in the State, or in the State itself; andCommentsClose CommentsPermalink





`(ii) whether any part of the State, or any critical infrastructure or key resource within the State, has ever experienced a higher threat level under the Homeland Security Advisory System than other parts of the United States;CommentsClose CommentsPermalink





`(D) the degree of threat, vulnerability, and consequences related to critical infrastructure or key resources identified by the Secretary or the State homeland security plan;CommentsClose CommentsPermalink





`(E) whether the State has an international border;CommentsClose CommentsPermalink





`(F) whether the State has a coastline bordering ocean or international waters;CommentsClose CommentsPermalink





`(G) threats, vulnerabilities, and consequences faced by a State related to at-risk sites or activities in adjacent States, including the State's need to respond to terrorist attacks arising in adjacent States;CommentsClose CommentsPermalink





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





`(I) the extent to which the State has unmet target capabilities; andCommentsClose CommentsPermalink





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





`(2) the anticipated effectiveness of the proposed spending plan of the State in increasing the ability of the State to--CommentsClose CommentsPermalink





`(A) prevent, prepare for, protect against, respond to, and recover from terrorism;CommentsClose CommentsPermalink





`(B) meet the target capabilities of the State; andCommentsClose CommentsPermalink





`(C) otherwise reduce the overall risk to the State and the Nation; andCommentsClose CommentsPermalink





`(3) the need to balance the goal of ensuring the target capabilities of the highest risk areas are achieved quickly and the goal of ensuring that basic levels of preparedness, as measured by the attainment of target capabilities, are achieved nationwide.CommentsClose CommentsPermalink





`(d) Minimum Allocation- In allocating funds under subsection (c), the Administrator shall ensure that, for each fiscal year--CommentsClose CommentsPermalink





`(1) except as provided for in paragraph (2), no State receives less than an amount equal to 0.45 percent of the total funds appropriated for the State Homeland Security Grant Program; andCommentsClose CommentsPermalink





`(2) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each receive not less than 0.08 percent of the amounts appropriated for the State Homeland Security Grant Program.CommentsClose CommentsPermalink





`(e) Multistate Partnerships-CommentsClose CommentsPermalink





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





`(2) GRANTEES- Multistate grants may be awarded to either--CommentsClose CommentsPermalink





`(A) an individual State acting on behalf of a consortium or partnership of States with the consent of all member States; orCommentsClose CommentsPermalink





`(B) a group of States applying as a consortium or partnership.CommentsClose CommentsPermalink





`(3) ADMINISTRATION OF GRANT- If a group of States apply as a consortium or partnership such States shall submit to the Secretary 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 various States and entities that are party to the application.CommentsClose CommentsPermalink





`(f) Funding for Local and Tribal Governments-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Administrator shall require that, not later than 60 days after receiving grant funding, any State receiving a grant under this section shall make available to local and tribal governments and emergency response providers, 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, the resources purchased with such grant funds having a value equal to not less than 80 percent of the amount of the grant; orCommentsClose CommentsPermalink





`(C) grant funds combined with resources purchased with the grant funds having a value equal to not less than 80 percent of the amount of the grant.CommentsClose CommentsPermalink





`(2) 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, and may extend such period for an additional period, if the Administrator determines that the resulting delay in providing grant funding to the local and tribal governments and emergency response providers is necessary to promote effective investments to prevent, prepare for, protect against, respond to, and recover from terrorism, or to meet the target capabilities of the State.CommentsClose CommentsPermalink





`(3) INDIAN TRIBES- States shall be responsible for allocating grant funds received under this section to tribal governments in order to help those tribal communities achieve target capabilities. Indian tribes shall be eligible for funding directly from the States, and shall not be required to seek funding from any local government.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





`(g) Grants to Directly Eligible Tribes-CommentsClose CommentsPermalink





`(1) IN GENERAL- Notwithstanding subsection (b), the Secretary may award grants to directly eligible tribes under this section.CommentsClose CommentsPermalink





`(2) TRIBAL APPLICATIONS- A directly eligible tribe may apply for a grant under this section by submitting an application to the Administrator that includes the information required for an application by a State under subsection (b).CommentsClose CommentsPermalink





`(3) STATE REVIEW-CommentsClose CommentsPermalink





`(A) IN GENERAL- To ensure consistency with State homeland security plans, a directly eligible tribe applying for a grant under this section shall submit its application to each State within which any part of the tribe 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 directly eligible tribe under subparagraph (A), each such State shall transmit the application to the Department.CommentsClose CommentsPermalink





`(C) STATE DISAGREEMENT- If the Governor of any such 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, 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





`(4) 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 directly eligible tribe. The funds shall not be distributed to the State or States in which the directly eligible tribe is located.CommentsClose CommentsPermalink





`(5) TRIBAL LIAISON- A directly eligible tribe applying for a grant under this section shall designate a specific individual to serve as the tribal liaison who shall--CommentsClose CommentsPermalink





`(A) coordinate with Federal, State, local, regional, and private officials concerning terrorism preparedness;CommentsClose CommentsPermalink





`(B) develop a process for receiving input from Federal, State, local, regional, and private officials to assist in the development of the application of such tribe and to improve the access of such tribe to grants; andCommentsClose CommentsPermalink





`(C) administer, in consultation with State, local, regional, and private officials, grants awarded to such tribe.CommentsClose CommentsPermalink





`(6) TRIBES RECEIVING DIRECT GRANTS- A directly eligible tribe that receives a grant directly under this section is eligible to 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, consistent with the homeland security plan of the State.CommentsClose CommentsPermalink





`(7) RULE OF CONSTRUCTION- Nothing in this section shall be construed to affect the authority of an Indian tribe that receives funds under this section.CommentsClose CommentsPermalink





`(h) 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





`(i) Allowable Uses- Grants awarded under this section may be used to achieve target capabilities, consistent with a State homeland security plan, through--CommentsClose CommentsPermalink





`(1) developing and enhancing State, local, tribal, or regional plans, risk assessments, or mutual aid agreements;CommentsClose CommentsPermalink





`(2) purchasing, upgrading, storing, or maintaining equipment;CommentsClose CommentsPermalink





`(3) designing, conducting, and evaluating training and exercises, including exercises of mass evacuation plans under section 512 and including the payment of overtime and backfill costs in support of such activities;CommentsClose CommentsPermalink





`(4) responding to an increase in the threat level under the Homeland Security Advisory System, including payment of overtime and backfill costs;CommentsClose CommentsPermalink





`(5) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers, that comply with the guidelines established under section 206(i);CommentsClose CommentsPermalink





`(6) protecting critical infrastructure and key resources identified in the Critical Infrastructure List established under section 10101 of the Improving America's Security Act of 2007, including the payment of appropriate personnel costs;CommentsClose CommentsPermalink





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





`(8) any other activity relating to achieving target capabilities approved by the Administrator.CommentsClose CommentsPermalink





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





`(1) for fiscal year 2007, such sums as are necessary;CommentsClose CommentsPermalink





`(2) for each of fiscal years 2008, 2009, and 2010, $913,180,500; andCommentsClose CommentsPermalink





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

`SEC. 2005. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.`(a) Establishment- There is established an Emergency Management Performance Grants Program to make grants to States to assist State, local, and tribal governments in preventing, preparing for, protecting against, responding to, recovering from, and mitigating against all hazards, including natural disasters, acts of terrorism, and other man-made disasters.`(b) Application-`(1) IN GENERAL- Each State may apply for a grant under this section, and shall submit such information in support of an application as the Administrator may reasonably require.`(2) ANNUAL APPLICATIONS- Applicants for grants under this section shall apply or reapply on an annual basis for grants distributed under the program.`(c) Allocation- Funds available under the Emergency Management Performance Grants Program shall be allocated as follows:`(1) BASELINE AMOUNT-`(A) IN GENERAL- Except as provided in subparagraph (B), each State shall receive an amount equal to 0.75 percent of the total funds appropriated for grants under this section.`(B) TERRITORIES- American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each shall receive an amount equal to 0.25 percent of the amounts appropriated for grants under this section.`(2) PER CAPITA ALLOCATION- The funds remaining for grants under this section after allocation of the baseline amounts under paragraph (1) shall be allocated to each State in proportion to its population.`(d) Allowable Uses- Grants awarded under this section may be used to achieve target capabilities, consistent with a State homeland security plan or a catastrophic incident annex developed under section 613 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196b) through--`(1) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for Emergency Management Performance Grants; and`(2) any other activity approved by the Administrator that will improve the capability of a State, local, or tribal government in preventing, preparing for, protecting against, responding to, recovering from, or mitigating against all hazards, including natural disasters, acts of terrorism, and other man-made disasters.`(e) Cost Sharing-`(1) IN GENERAL- The Federal share of the costs of an activity carried out with a grant under this section shall not exceed 75 percent.`(2) IN-KIND MATCHING- Each recipient of a grant under this section may meet the matching requirement under paragraph (1) by making in-kind contributions of goods or services that are directly linked with the purpose for which the grant is made.`(f) Local and Tribal Governments-`(1) IN GENERAL- In allocating grant funds received under this section, a State shall take into account the needs of local and tribal governments.`(2) INDIAN TRIBES- States shall be responsible for allocating grant funds received under this section to tribal governments in order to help those tribal communities improve their capabilities in preventing, preparing for, protecting against, responding to, recovering from, or mitigating against all hazards, including natural disasters, acts of terrorism, and other man-made disasters. Indian tribes shall be eligible for funding directly from the States, and shall not be required to seek funding from any local government.`SEC. 2006. TERRORISM PREVENTION.

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





`(1) IN GENERAL- The Administrator shall designate not less than 25 percent of the combined amount appropriated for grants under sections 2003 and 2004 to be used for law enforcement terrorism prevention activities.CommentsClose CommentsPermalink





`(2) USE OF FUNDS- Grants awarded under this subsection may be used for--CommentsClose CommentsPermalink





`(A) information sharing to preempt terrorist attacks;CommentsClose CommentsPermalink





`(B) target hardening to reduce the vulnerability of selected high value targets;CommentsClose CommentsPermalink





`(C) threat recognition to recognize the potential or development of a threat;CommentsClose CommentsPermalink





`(D) intervention activities to interdict terrorists before they can execute a threat;CommentsClose CommentsPermalink





`(E) overtime expenses related to a State homeland security plan, including overtime costs associated with providing enhanced law enforcement operations in support of Federal agencies for increased border security and border crossing enforcement;CommentsClose CommentsPermalink





`(F) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers that comply with the guidelines established under section 206(i);CommentsClose CommentsPermalink





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





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





`(b) Office for the Prevention of Terrorism-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT- There is established in the Department an Office for the Prevention of Terrorism, which shall be headed by a Director.CommentsClose CommentsPermalink





`(2) DIRECTOR-CommentsClose CommentsPermalink





`(A) REPORTING- The Director of the Office for the Prevention of Terrorism shall report directly to the Secretary.CommentsClose CommentsPermalink





`(B) QUALIFICATIONS- The Director of the Office for the Prevention of Terrorism shall have an appropriate background with experience in law enforcement, intelligence, orand other antiterrorist functions.CommentsClose CommentsPermalink





`(3) ASSIGNMENT OF PERSONNEL-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary shall assign to the Office for the Prevention of Terrorism permanent staff and other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this section.CommentsClose CommentsPermalink





`(B) LIAISONS- The Secretary shall designate senior employees from each component of the Department that has significant antiterrorism responsibilities to act as liaisons between that component and the Office for the Prevention of Terrorism.CommentsClose CommentsPermalink





`(4) RESPONSIBILITIES- The Director of the Office for the Prevention of Terrorism shall--CommentsClose CommentsPermalink





`(A) coordinate policy and operations between the Department and State, local, and tribal government agencies relating to preventing acts of terrorism 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) in coordination with the Office of Intelligence and Analysis, develop better methods for the sharing of intelligence with State, local, and tribal law enforcement agencies;CommentsClose CommentsPermalink





`(D) work with the Administrator to ensure that homeland security grants to State, local, and tribal government agencies, including grants under this title, the Commercial Equipment Direct Assistance Program, and grants to support fusion centers and other law enforcement-oriented programs are adequately focused on terrorism prevention activities, including through review of budget requests for those programs; andCommentsClose CommentsPermalink





`(E) coordinate with 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.CommentsClose CommentsPermalink





`(5) PILOT PROJECT-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Director of the Office for the Prevention of Terrorism, in coordination with the Administrator, shall establish a pilot project to determine the efficacy and feasibility of establishing law enforcement deployment teams.CommentsClose CommentsPermalink





`(B) FUNCTION- The law enforcement deployment teams participating in the pilot program under this paragraph shall form the basis of a national network of standardized law enforcement resources to assist State, local, and tribal governments in responding to natural disasters, acts of terrorism, or other man-made disaster.CommentsClose CommentsPermalink





`(6) CONSTRUCTION- Nothing in this section may be construed to affect the roles or responsibilities of the Department of Justice.CommentsClose CommentsPermalink

`SEC. 20076. RESTRICTIONS ON USE OF FUNDS.

`(a) Limitations on Use-CommentsClose CommentsPermalink





`(1) CONSTRUCTION-CommentsClose CommentsPermalink





`(A) IN GENERAL- Grants awarded under this title 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 grants awarded under this title to achieve target capabilities through--CommentsClose CommentsPermalink





`(I) the construction of facilities described in section 611 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196); orCommentsClose CommentsPermalink





`(II) the alteration or remodeling of existing buildings for the purpose of making such buildings secure against terrorist attacks or able to withstand or protect against chemical, radiological, or biological attacks.CommentsClose CommentsPermalink





`(ii) REQUIREMENTS FOR EXCEPTION- No grant awards may be used for the purposes under clause (i) unless--CommentsClose CommentsPermalink





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





`(II) the construction occurs under terms and conditions consistent with the requirements under section 611(j)(89) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(89)); andCommentsClose CommentsPermalink





`(III) the amount allocated for purposes under clause (i) does not exceed 20 percent of the grant award.CommentsClose CommentsPermalink





`(2) PERSONNEL-CommentsClose CommentsPermalink





`(A) IN GENERAL- For any grant awarded under section 2003 or 2004--CommentsClose CommentsPermalink





`(i) not more than 25 percent of the amount awarded to a grant recipient may be used to pay overtime and backfill costs; andCommentsClose CommentsPermalink





`(ii) not more than 25 percent of the amount awarded to the grant recipient may be used to pay personnel costs not described in clause (i).CommentsClose CommentsPermalink





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





`(C) EXCEPTION. The limitations under subparagraph (A) shall not apply to activities permitted under the full-time counterterrorism staffing pilot, as described in the Fiscal Year 2007 Program Guidance of the Department for the Urban Area Security Initiative.CommentsClose CommentsPermalink





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





`(b) Multiple-Purpose Funds- Nothing in this title 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 capabilities for terrorism preparedness established by the Administrator.CommentsClose CommentsPermalink





`(c) Equipment Standards- If an applicant for a grant under this title 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





`(d) Supplement Not Supplant- Amounts appropriated for grants under this title shall be used to supplement and not supplant other State, local, and tribal government public funds obligated for the purposes provided under this title.CommentsClose CommentsPermalink

`SEC. 20087. ADMINISTRATION AND COORDINATION.

`(a) Administrator- The Administrator shall, in consultation with other appropriate offices within the Department, have responsibility for administering all homeland security grant programs administered by the Department and for ensuring coordination among those programs and consistency in the guidance issued to recipients across those programs.CommentsClose CommentsPermalink





`(b) National Advisory Council- To ensure input from and coordination with State, local, and tribal governments and emergency response providers, the Administrator shall regularly consult and work with the National Advisory Council established under section 508 on the administration and assessment of grant programs administered by the Department, including with respect to the development of program guidance and the development and evaluation of risk-assessment methodologies.CommentsClose CommentsPermalink





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





`(1) all recipients of homeland security grants administered by the Department, as a condition of receiving those grants, coordinate their prevention, preparedness, and protection efforts with neighboring State, local, and tribal governments, as appropriate; andCommentsClose CommentsPermalink





`(2) all metropolitan areas and other recipients of homeland security grants administered by the Department that include or substantially affect parts or all of more than 1 State, coordinate across State boundaries, including, where appropriate, through the use of regional working groups and requirements for regional plans, as a condition of receiving Departmentally administered homeland security grants.CommentsClose CommentsPermalink





`(d) Planning Committees-CommentsClose CommentsPermalink





`(1) IN GENERAL- Any State or metropolitan area receiving grants under this titlesection 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.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 metropolitan areas, 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 metropolitan area create a planning committee if that State or metropolitan area has established and uses a multijurisdictional planning committee or commission that meets the requirements of this subsection.CommentsClose CommentsPermalink





`(e) Interagency Coordination- The Secretary, through the Administrator, in coordination with the Attorney General, the Secretary of Health and Human Services, and other agencies providing assistance to State, local, and tribal governments for preventing, preparing for, protecting against, responding to, and recovering from natural disasters, acts of terrorism, and other man-made disasters, and not later than 12 months after the date of enactment of the Improving America's Security Act of 2007, shall--CommentsClose CommentsPermalink





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





`(2) develop a proposal to coordinate, to the greatest extent practicable, the planning, reporting, application, and other requirements and guidance for homeland security assistance programs to--CommentsClose CommentsPermalink





`(A) eliminate redundant and duplicative requirements, including onerous application and ongoing reporting requirements;CommentsClose CommentsPermalink





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





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





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





`(3) submit the information and proposals under paragraphs (1) and (2) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink

`SEC. 20098. ACCOUNTABILITY.

`(a) Reports to Congress-CommentsClose CommentsPermalink





`(1) FUNDING EFFICACY- The Administrator shall submit to Congress, as a component of the annual Federal Preparedness Report required under section 652 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752), an evaluation of the extent to which grants Administered by the Department, including the grants established by this title--CommentsClose CommentsPermalink





`(A) have contributed to the progress of State, local, and tribal governments in achieving target capabilities; andCommentsClose CommentsPermalink





`(B) have led to the reduction of risk nationally and in State, local, and tribal jurisdictions.CommentsClose CommentsPermalink





`(2) RISK ASSESSMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL- For each fiscal year, the Administrator shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a detailed and comprehensive explanation of the methodology used to calculate risk and compute the allocation of funds under sections 2003 and 2004 of this title, including--CommentsClose CommentsPermalink





`(i) all variables included in the risk assessment and the weights assigned to each;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 methodology 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 under sections 2003 and 2004.CommentsClose CommentsPermalink





`(b) Reviews and Audits-CommentsClose CommentsPermalink





`(1) DEPARTMENT REVIEW- The Administrator shall conduct periodic reviews of grants made under this title to ensure that recipients allocate funds consistent with the guidelines established by the Department.CommentsClose CommentsPermalink





`(2) GOVERNMENT ACCOUNTABILITY OFFICE-CommentsClose CommentsPermalink





`(A) ACCESS TO INFORMATION- Each recipient of a grant under this title and the Department shall provide the Government Accountability Office with full access to information regarding the activities carried out under this title.CommentsClose CommentsPermalink





`(B) AUDITS AND REPORTS-CommentsClose CommentsPermalink





`(i) AUDIT- Not later than 12 months after the date of enactment of the Improving America's Security Act of 2007, and periodically thereafter, the Comptroller General of the United States shall conduct an audit of the Homeland Security Grant Programgrants made under this title.CommentsClose CommentsPermalink





`(ii) REPORT- The Comptroller General of the United States shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on--CommentsClose CommentsPermalink





`(I) the results of any audit conducted under clause (i), including an analysis of the purposes for which the grant funds authorized under this title are being spent; andCommentsClose CommentsPermalink





`(II) whether the grant recipients have allocated funding consistent with the State homeland security plan and the guidelines established by the Department.CommentsClose CommentsPermalink





`(3) AUDIT REQUIREMENT- Grant recipients that expend $500,000 or more in grant funds received under this title during any fiscal year shall submit to the Administrator an organization-wide financial and compliance audit report in conformance with the requirements of chapter 75 of title 31, United States Code.CommentsClose CommentsPermalink





`(4) RECOVERY AUDITS- The Secretary 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 $1,000,000 or greater.CommentsClose CommentsPermalink





`(c) Remedies for Noncompliance-CommentsClose CommentsPermalink





`(1) IN GENERAL- If the Administrator finds, after reasonable notice and an opportunity for a hearing, that a recipient of a grant under this title has failed to substantially comply with any provision of this title, or with any regulations or guidelines of the Department regarding eligible expenditures, the Administrator shall--CommentsClose CommentsPermalink





`(A) terminate any payment of grant funds to be made to the recipient under this title;CommentsClose CommentsPermalink





`(B) reduce the amount of payment of grant funds to the recipient by an amount equal to the amount of grants funds that were not expended by the recipient in accordance with this title; orCommentsClose CommentsPermalink





`(C) limit the use of grant funds received under this title to programs, projects, or activities not affected by the failure to comply.CommentsClose CommentsPermalink





`(2) DURATION OF PENALTY- The Administrator shall apply an appropriate penalty under paragraph (1) until such time as the Secretary determines that the grant recipient is in full compliance with this title or with applicable guidelines or regulations of the Department.CommentsClose CommentsPermalink





`(3) DIRECT FUNDING- If a State fails to substantially comply with any provision of this title or with applicable guidelines or regulations of the Department, including failing to provide local or tribal governments with grant funds or resources purchased with grant funds in a timely fashion, a local or tribal government entitled to receive such grant funds or resources may petition the Administrator, at such time and in such manner as determined by the Administrator, to request that grant funds or resources be provided directly to the local or tribal government.CommentsClose CommentsPermalink

`SEC. 201009. AUDITING.

`(a) Audit of Grants Under This Titles of Grants-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than the date described in paragraph (2), and every 2 years thereafter, the Inspector General of the Department shall conduct an audit of each entity that receives a grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, or the Emergency Management Performance Grant Program to evaluate the use of funds under such grant program by such entity.CommentsClose CommentsPermalink





`(2) TIMING- The date described in this paragraph is the later of 2 years after--CommentsClose CommentsPermalink





`(A) the date of enactment of the Improving America's Security Act of 2007; andCommentsClose CommentsPermalink





`(B) the date that an entity first receives a grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, or the Emergency Management Performance Grant Program, as the case may be.CommentsClose CommentsPermalink





`(3) CONTENTS- Each audit under this subsection shall evaluate--CommentsClose CommentsPermalink





`(A) the use of funds under the relevant grant program by an entity during the 2 full fiscal years before the date of that audit;CommentsClose CommentsPermalink





`(B) whether funds under that grant program were used by that entity as required by law; andCommentsClose CommentsPermalink





`(C)(i) for each grant under the Urban Area Security Initiative or the State Homeland Security Grant Program, the extent to which funds under that grant were used to prepare for, protect against, respond to, or recover from acts of terrorism; andCommentsClose CommentsPermalink





`(ii) for each grant under the Emergency Management Performance Grant Program, the extent to which funds under that grant were used to prevent, prepare for, protect against, respond to, recover from, or mitigate against all hazards, including natural disasters, acts of terrorism, and other man-made disasters.CommentsClose CommentsPermalink





`(4) PUBLIC AVAILABILITY ON WEBSITE- The Inspector General of the Department shall make each audit under this subsection available on the website of the Inspector General.CommentsClose CommentsPermalink





`(5) REPORTING-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 2 years and 60 days after the date of enactment of the Improving America's Security Act of 2007, and annually thereafter, the Inspector General of the Department shall submit to Congress a consolidated report regarding the audits conducted under this subsection.CommentsClose CommentsPermalink





`(B) CONTENTS- Each report submitted under this paragraph shall describe--CommentsClose CommentsPermalink





`(i)(I) for the first such report, the audits conducted under this subsection during the 2-year period beginning on the date of enactment of the Improving America's Security Act of 2007; andCommentsClose CommentsPermalink





`(II) for each subsequent such report, the audits conducted under this subsection during the fiscal year before the date of the submission of that report;CommentsClose CommentsPermalink





`(ii) whether funds under each grant audited during the period described in clause (i) that is applicable to such report were used as required by law; andCommentsClose CommentsPermalink





`(iii)(I) for grants under the Urban Area Security Initiative or the State Homeland Security Grant Program audited, the extent to which, during the period described in clause (i) that is applicable to such report, funds under such grants were used to prepare for, protect against, respond to, or recover from acts of terrorism; andCommentsClose CommentsPermalink





`(II) for grants under the Emergency Management Performance Grant Program audited, the extent to which funds under such grants were used during the period described in clause (i) applicable to such report to prevent, prepare for, protect against, respond to, recover from, or mitigate against all hazards, including natural disasters, acts of terrorism, and other man-made disasters.CommentsClose CommentsPermalink





`(b) Audit of Other Preparedness Grants-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than the date described in paragraph (2), the Inspector General of the Department shall conduct an audit of each entity that receives a grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, or the Emergency Management Performance Grant Program to evaluate the use by that entity of any grant for preparedness administered by the Department that was awarded before the date of enactment of the Improving America's Security Act of 2007.CommentsClose CommentsPermalink





`(2) TIMING- The date described in this paragraph is the later of 2 years after--CommentsClose CommentsPermalink





`(A) the date of enactment of the Improving America's Security Act of 2007; andCommentsClose CommentsPermalink





`(B) the date that an entity first receives a grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, or the Emergency Management Performance Grant Program, as the case may be.CommentsClose CommentsPermalink





`(3) CONTENTS- Each audit under this subsection shall evaluate--CommentsClose CommentsPermalink





`(A) the use of funds by an entity under any grant for preparedness administered by the Department that was awarded before the date of enactment of the Improving America's Security Act of 2007;CommentsClose CommentsPermalink





`(B) whether funds under each such grant program were used by that entity as required by law; andCommentsClose CommentsPermalink





`(C) the extent to which such funds were used to enhance preparedness.CommentsClose CommentsPermalink





`(4) PUBLIC AVAILABILITY ON WEBSITE- The Inspector General of the Department shall make each audit under this subsection available on the website of the Inspector General.CommentsClose CommentsPermalink





`(5) REPORTING-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 2 years and 60 days after the date of enactment of the Improving America's Security Act of 2007, and annually thereafter, the Inspector General of the Department shall submit to Congress a consolidated report regarding the audits conducted under this subsection.CommentsClose CommentsPermalink





`(B) CONTENTS- Each report submitted under this paragraph shall describe--CommentsClose CommentsPermalink





`(i)(I) for the first such report, the audits conducted under this subsection during the 2-year period beginning on the date of enactment of the Improving America's Security Act of 2007; andCommentsClose CommentsPermalink





`(II) for each subsequent such report, the audits conducted under this subsection during the fiscal year before the date of the submission of that report;CommentsClose CommentsPermalink





`(ii) whether funds under each grant audited were used as required by law; andCommentsClose CommentsPermalink





`(iii) the extent to which funds under each grant audited were used to enhance preparedness.CommentsClose CommentsPermalink





`(c) Funding for Audits-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Administrator shall withhold 1 percent of the total amount of each grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, and the Emergency Management Performance Grant Program for audits under this section.CommentsClose CommentsPermalink





`(2) AVAILABILITY OF FUNDS- The Administrator shall make amounts withheld under this subsection available as follows:CommentsClose CommentsPermalink





`(A) Amounts withheld from grants under the Urban Area Security Initiative shall be made available for audits under this section of entities receiving grants under the Urban Area Security Initiative.CommentsClose CommentsPermalink





`(B) Amounts withheld from grants under the State Homeland Security Grant Program shall be made available for audits under this section of entities receiving grants under the State Homeland Security Grant Program.CommentsClose CommentsPermalink





`(C) Amounts withheld from grants under the Emergency Management Performance Grant Program shall be made available for audits under this section of entities receiving grants under the Emergency Management Performance Grant Program.CommentsClose CommentsPermalink





`(d) Definition- In this section, the term `Emergency Management Performance Grants Program' means the Emergency Management Performance Grants Program under section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 763; Public Law 109-295).CommentsClose CommentsPermalink

`SEC. 2011. AUTHORIZATION OF APPROPRIATIONS.`(a) Grants-`(1) IN GENERAL- There is authorized to be appropriated for the Homeland Security Grant Program established under section 2002 of this title for each of fiscal years 2008, 2009, and 2010, $3,105,000,000, to be allocated as follows:`(A) For grants under0. SENSE OF THE SENATE.

`It is the sense of the Senate that, in order to ensure that the Nation is most effectively able to prevent, prepare for, protect against, respond to, recovery from, and mitigate against 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, the essential building blocks of which include--CommentsClose CommentsPermalink





`(A) the Urban Area Security Initiative under section 2003, $1,278,639,000.`(B) For grants under the State Homeland Security Grant Program established under section 2004, $913,180,500.`(C) For grants under the Emergency Management Performance Grant Program established under section 2005, $913,180,500.`(2) SUBSEQUENT YEARS- There is authorized to be appropriated for thand State Homeland Security Grant Program established under section 2002 of this title such sums as are necessary for fiscal year 2011 and each fiscal year thereafter.`(b) Proportionate Allocation- Regardless of the amount appropriated for the Homeland Security Grant Program in any fiscal year, the appropriated amount shall, in each fiscal year, be allocated among the grant programs under sections 2003, 2004, and 2005this title (including funds dedicated to law enforcement terrorism prevention activities);CommentsClose CommentsPermalink





`(B) the Emergency Communications Operability and Interoperable Communications Grants established under section 1809; andCommentsClose CommentsPermalink





`(C) the Emergency Management Performance Grants Program authorized under section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 763); andCommentsClose CommentsPermalink





`(2) to ensure a continuing and appropriate balance between terrorism-focused and all-hazards preparedness, the amounts appropriated for grants under the Urban Area Security Initiative, State Homeland Security Grant Program, and Emergency Management Performance Grants Program in any fiscal year should be in direct proportion to the amounts allocated under paragraph (a)(1) of this sectionuthorized for those programs for fiscal year 2008 under the amendments made by titles II and IV, as applicable, of the Improving America's Security Act of 2007.'.CommentsClose CommentsPermalink

SEC. 203. EQUIPMENT TECHNICAL ASSISTANCE TRAINING.

SEC. 204. TECHNICAL AND CONFORMING AMENDMENTS.

(a) In General- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--CommentsClose CommentsPermalink





(1) by redesignating title XVIII, as added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as title XIX;CommentsClose CommentsPermalink





(2) by redesignating sections 1801 through 1806, as added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as sections 1901 through 1906, respectively;CommentsClose CommentsPermalink





(3) in section 1904(a), as so redesignated, by striking `section 1802' and inserting `section 1902'; andCommentsClose CommentsPermalink





(4) in section 1906, as so redesignated, by striking `section 1802(a)' each place that term appears and inserting `section 1902(a)'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by striking the items relating to title XVIII and sections 1801 through 1806, as added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), and inserting the following:CommentsClose CommentsPermalink

`TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

`Sec. 1901. Domestic Nuclear Detection Office.CommentsClose CommentsPermalink





`Sec. 1902. Mission of Office.CommentsClose CommentsPermalink





`Sec. 1903. Hiring authority.CommentsClose CommentsPermalink





`Sec. 1904. Testing authority.CommentsClose CommentsPermalink





`Sec. 1905. Relationship to other Department entities and Federal agencies.CommentsClose CommentsPermalink





`Sec. 1906. Contracting and grant making authorities.CommentsClose CommentsPermalink

`TITLE XX--HOMELAND SECURITY GRANTS

`Sec. 2001. Definitions.CommentsClose CommentsPermalink





`Sec. 2002. Homeland Security Grant Program.CommentsClose CommentsPermalink





`Sec. 2003. Urban Area Security Initiative.CommentsClose CommentsPermalink





`Sec. 2004. State Homeland Security Grant Program.CommentsClose CommentsPermalink





`Sec. 2005. Emergency Management Performance Grants Program.`Sec. 2006. Terrorism prevention.CommentsClose CommentsPermalink





`Sec. 20076. Restrictions on use of funds.CommentsClose CommentsPermalink





`Sec. 20087. Administration and coordination.CommentsClose CommentsPermalink





`Sec. 20098. Accountability.CommentsClose CommentsPermalink





`Sec. 201009. Auditing.CommentsClose CommentsPermalink





`Sec. 2011. Authorization of appropriations0. Sense of the Senate.'.CommentsClose CommentsPermalink

TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

SEC. 301. DEDICATED FUNDING TO ACHIEVE EMERGENCY COMMUNICATIONS OPERABILITY AND INTEROPERABLE COMMUNICATIONS.

(a) Emergency Communications Operability and Interoperable Communications-CommentsClose CommentsPermalink





(1) IN GENERAL- Title XVIII of the Homeland Security Act of 2002 (6 U.S.C. 571 et seq.) (relating to emergency communications) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 1809. EMERGENCY COMMUNICATIONS OPERABILITY AND INTEROPERABLE COMMUNICATIONS GRANTS.

`(a) Definitions- In this section:CommentsClose CommentsPermalink





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





`(2) EMERGENCY COMMUNICATIONS OPERABILITY- The term `emergency communications operability' means the ability to provide and maintain, throughout an emergency response operation, a continuous flow of information among emergency response providers, agencies, and government officers from multiple disciplines and jurisdictions and at all levels of government, in the event of a natural disaster, act of terrorism, or other man-made disaster, including where there has been significant damage to, or destruction of, critical infrastructure, including substantial loss of ordinary telecommunications infrastructure and sustained loss of electricity.CommentsClose CommentsPermalink





`(b) In General- The Administrator shall make grants to States for initiatives necessary to achieve, maintain, or enhance Statewide, regional, national and, as appropriate, international emergency communications operability and interoperable communications.CommentsClose CommentsPermalink





`(c) Statewide Interoperable Communications Plans-CommentsClose CommentsPermalink





`(1) SUBMISSION OF PLANS- The Administrator shall require any State applying for a grant under this section to submit a Statewide Interoperable Communications Plan as described under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).CommentsClose CommentsPermalink





`(2) COORDINATION AND CONSULTATION- The Statewide plan submitted under paragraph (1) shall be developed--CommentsClose CommentsPermalink





`(A) in coordination with local and tribal governments, emergency response providers, and other relevant State officers; andCommentsClose CommentsPermalink





`(B) in consultation with and subject to appropriate comment by the applicable Regional Emergency Communications Coordination Working Group as described under section 1805.CommentsClose CommentsPermalink





`(3) APPROVAL- The Administrator may not award a grant to a State unless the Administrator, in consultation with the Director for Emergency Communications, has approved the applicable Statewide plan.CommentsClose CommentsPermalink





`(4) REVISIONS- A State may revise the applicable Statewide plan approved by the Administrator under this subsection, subject to approval of the revision by the Administrator.CommentsClose CommentsPermalink





`(d) Consistency- The Administrator shall ensure that each grant is used to supplement and support, in a consistent and coordinated manner, any applicable State, regional, or urban area homeland security plan.CommentsClose CommentsPermalink





`(e) Use of Grant Funds- Grants awarded under subsection (b) may be used for initiatives to achieve, maintain, or enhance emergency communications operability and interoperable communications, including--CommentsClose CommentsPermalink





`(1) Statewide or regional communications planning, including governance related activities;CommentsClose CommentsPermalink





`(2) system design and engineering;CommentsClose CommentsPermalink





`(3) system procurement and installation;CommentsClose CommentsPermalink





`(4) exercises;CommentsClose CommentsPermalink





`(5) modeling and simulation exercises for operational command and control functions;CommentsClose CommentsPermalink





`(6) technical assistance;CommentsClose CommentsPermalink





`(7) training; andCommentsClose CommentsPermalink





`(8) other appropriate activities determined by the Administrator to be integral to achieve, maintain, or enhance emergency communications operability and interoperable communications.CommentsClose CommentsPermalink





`(f) Application-CommentsClose CommentsPermalink





`(1) IN GENERAL- A State desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Administrator may reasonably require.CommentsClose CommentsPermalink





`(2) MINIMUM CONTENTS- At a minimum, each application submitted under paragraph (1) shall--CommentsClose CommentsPermalink





`(A) identify the critical aspects of the communications life cycle, including planning, system design and engineering, procurement and installation, and training for which funding is requested;CommentsClose CommentsPermalink





`(B) describe how--CommentsClose CommentsPermalink





`(i) the proposed use of funds--CommentsClose CommentsPermalink





`(I) would be consistent with and address the goals in any applicable State, regional, or urban homeland security plan; andCommentsClose CommentsPermalink





`(II) unless the Administrator determines otherwise, are--CommentsClose CommentsPermalink

`(aa) consistent with the National Emergency Communications Plan under section 1802; andCommentsClose CommentsPermalink

`(bb) compatible with the national infrastructure and national voluntary consensus standards;CommentsClose CommentsPermalink

`(ii) the applicant intends to spend funds under the grant, to administer such funds, and to allocate such funds among participating local and tribal governments and emergency response providers;CommentsClose CommentsPermalink





`(iii) the State plans to allocate the grant funds on the basis of risk and effectiveness to regions, local and tribal governments to promote meaningful investments for achieving, maintaining, or enhancing emergency communications operability and interoperable communications;CommentsClose CommentsPermalink





`(iv) the State intends to address the emergency communications operability and interoperable communications needs at the city, county, regional, State, and interstate level; andCommentsClose CommentsPermalink





`(v) the State plans to emphasize regional planning and cooperation, both within the jurisdictional borders of that State and with neighboring States;CommentsClose CommentsPermalink





`(C) be consistent with the Statewide Interoperable Communications Plan required under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); andCommentsClose CommentsPermalink





`(D) include a capital budget and timeline showing how the State intends to allocate and expend the grant funds.CommentsClose CommentsPermalink





`(g) Award of Grants-CommentsClose CommentsPermalink





`(1) CONSIDERATIONS- In approving applications and awarding grants under this section, the Administrator shall consider--CommentsClose CommentsPermalink





`(A) the nature of the threat to the State from a natural disaster, act of terrorism, or other man-made disaster;CommentsClose CommentsPermalink





`(B) the location, risk, or vulnerability of critical infrastructure and key national assets, including the consequences from damage to critical infrastructure in nearby jurisdictions as a result of natural disasters, acts of terrorism, or other man-made disasters;CommentsClose CommentsPermalink





`(C) the size of the population of the State, including appropriate consideration of military, tourist, and commuter populations;CommentsClose CommentsPermalink





`(D) the population density of the State;CommentsClose CommentsPermalink





`(E) the extent to which grants will be utilized to implement emergency communications operability and interoperable communications solutions--CommentsClose CommentsPermalink





`(i) consistent with the National Emergency Communications Plan under section 1802 and compatible with the national infrastructure and national voluntary consensus standards; andCommentsClose CommentsPermalink





`(ii) more efficient and cost effective than current approaches;CommentsClose CommentsPermalink





`(F) the extent to which a grant would expedite the achievement, maintenance, or enhancement of emergency communications operability and interoperable communications in the State with Federal, State, local, and tribal governments;CommentsClose CommentsPermalink





`(G) the extent to which a State, given its financial capability, demonstrates its commitment to achieve, maintain, or enhance emergency communications operability and interoperable communications by supplementing Federal funds with non-Federal funds;CommentsClose CommentsPermalink





`(H) whether the State is on or near an international border;CommentsClose CommentsPermalink





`(I) whether the State encompasses an economically significant border crossing;CommentsClose CommentsPermalink





`(J) whether the State has a coastline bordering an ocean, a major waterway used for interstate commerce, or international waters;CommentsClose CommentsPermalink





`(K) the extent to which geographic barriers pose unusual obstacles to achieving, maintaining, or enhancing emergency communications operability or interoperable communications;CommentsClose CommentsPermalink





`(L) the threats, vulnerabilities, and consequences faced by the State related to at-risk sites or activities in nearby jurisdictions, including the need to respond to natural disasters, acts of terrorism, and other man-made disasters arising in those jurisdictions;CommentsClose CommentsPermalink





`(M) the need to achieve, maintain, or enhance nationwide emergency communications operability and interoperable communications, consistent with the National Emergency Communications Plan under section 1802;CommentsClose CommentsPermalink





`(N) whether the activity for which a grant is requested is being funded under another Federal or State emergency communications grant program; andCommentsClose CommentsPermalink





`(O) such other factors as are specified by the Administrator in writing.CommentsClose CommentsPermalink





`(2) REVIEW PANEL-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary shall establish a review panel under section 871(a) to assist in reviewing grant applications under this section.CommentsClose CommentsPermalink





`(B) RECOMMENDATIONS- The review panel established under subparagraph (A) shall make recommendations to the Administrator regarding applications for grants under this section.CommentsClose CommentsPermalink





`(C) MEMBERSHIP- The review panel established under subparagraph (A) shall include--CommentsClose CommentsPermalink





`(i) individuals with technical expertise in emergency communications operability and interoperable communications;CommentsClose CommentsPermalink





`(ii) emergency response providers; andCommentsClose CommentsPermalink





`(iii) other relevant State and local officers.CommentsClose CommentsPermalink





`(3) MINIMUM GRANT AMOUNTS- The Administrator shall ensure that for each fiscal year--CommentsClose CommentsPermalink





`(A) no State receives less than an amount equal to 0.75 percent of the total funds appropriated for grants under this section; andCommentsClose CommentsPermalink





`(B) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each receive no less than 0.25 percent of the amounts appropriated for grants under this section.CommentsClose CommentsPermalink





`(4) AVAILABILITY OF FUNDS- Any grant funds awarded that may be used to support emergency communications operability or interoperable communications shall, as the Administrator may determine, remain available for up to 3 years, consistent with section 7303(e) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(e)).CommentsClose CommentsPermalink





`(h) State Responsibilities-CommentsClose CommentsPermalink





`(1) PASS-THROUGH OF FUNDS TO LOCAL AND TRIBAL GOVERNMENTS- The Administrator shall determine a date by which a State that receives a grant shall obligate or otherwise make available to local and tribal governments and emergency response providers--CommentsClose CommentsPermalink





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





`(B) resources purchased with the grant funds having a value equal to not less than 80 percent of the total amount of the grant; orCommentsClose CommentsPermalink





`(C) grant funds combined with resources purchased with the grant funds having a value equal to not less than 80 percent of the total amount of the grant.CommentsClose CommentsPermalink





`(2) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS TO LOCAL AND TRIBAL GOVERNMENTS- Any State that receives a grant shall certify to the Administrator, by not later than 30 days after the date described under paragraph (1) with respect to the grant, that the State has made available for expenditure by local or tribal governments and emergency response providers the required amount of grant funds under paragraph (1).CommentsClose CommentsPermalink





`(3) REPORT ON GRANT SPENDING-CommentsClose CommentsPermalink





`(A) IN GENERAL- Any State that receives a grant shall submit a spending report to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require.CommentsClose CommentsPermalink





`(B) MINIMUM CONTENTS- At a minimum, each report under this paragraph shall include--CommentsClose CommentsPermalink





`(i) the amount, ultimate recipients, and dates of receipt of all funds received under the grant;CommentsClose CommentsPermalink





`(ii) the amount and the dates of disbursements of all such funds expended in compliance with paragraph (1) or under mutual aid agreements or other intrastate and interstate sharing arrangements, as applicable;CommentsClose CommentsPermalink





`(iii) how the funds were used by each ultimate recipient or beneficiary;CommentsClose CommentsPermalink





`(iv) the extent to which emergency communications operability and interoperable communications identified in the applicable Statewide plan and application have been achieved, maintained, or enhanced as the result of the expenditure of grant funds; andCommentsClose CommentsPermalink





`(v) the extent to which emergency communications operability and interoperable communications identified in the applicable Statewide plan and application remain unmet.Comments