H.R.1
One Hundred Tenth Congress
of the
United States of America
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
To provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Implementing Recommendations of the 9/11 Commission Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--HOMELAND SECURITY GRANTS
Sec. 101. Homeland Security Grant Program.
Sec. 102. Other amendments to the Homeland Security Act of 2002.
Sec. 103. Amendments to the Post-Katrina Emergency Management Reform Act of 2006.
Sec. 104. Technical and conforming amendments.
TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Sec. 201. Emergency management performance grant program.
Sec. 202. Grants for construction of emergency operations centers.
TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS
Sec. 301. Interoperable emergency communications grant program.
Sec. 302. Border interoperability demonstration project.
TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM
Sec. 402. National exercise program design.
Sec. 403. National exercise program model exercises.
Sec. 404. Preidentifying and evaluating
multijurisdictional facilities to strengthen incident command; private
sector preparedness.
Sec. 405. Federal response capability inventory.
Sec. 406. Reporting requirements.
Sec. 407. Federal preparedness.
Sec. 408. Credentialing and typing.
Sec. 409. Model standards and guidelines for critical infrastructure workers.
Sec. 410. Authorization of appropriations.
TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING
WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL
GOVERNMENTS
Subtitle A--Homeland Security Information Sharing Enhancement
Sec. 501. Homeland Security Advisory System and information sharing.
Sec. 502. Intelligence Component Defined.
Sec. 503. Role of intelligence components, training, and information sharing.
Sec. 504. Information sharing.
Subtitle B--Homeland Security Information Sharing Partnerships
Sec. 511. Department of Homeland Security State, Local, and Regional Fusion Center Initiative.
Sec. 512. Homeland Security Information Sharing Fellows Program.
Sec. 513. Rural Policing Institute.
Subtitle C--Interagency Threat Assessment and Coordination Group
Sec. 521. Interagency Threat Assessment and Coordination Group.
Subtitle D--Homeland Security Intelligence Offices Reorganization
Sec. 531. Office of Intelligence and Analysis and Office of Infrastructure Protection.
Subtitle E--Authorization of Appropriations
Sec. 541. Authorization of appropriations.
TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE
Sec. 601. Availability to public of certain intelligence funding information.
Sec. 602. Public Interest Declassification Board.
Sec. 603. Sense of the Senate regarding a report on the
9/11 Commission recommendations with respect to intelligence reform and
congressional intelligence oversight reform.
Sec. 604. Availability of funds for the Public Interest Declassification Board.
Sec. 605. Availability of the Executive Summary of the
Report on Central Intelligence Agency Accountability Regarding the
Terrorist Attacks of September 11, 2001.
TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL
Subtitle A--Terrorist Travel
Sec. 701. Report on international collaboration to
increase border security, enhance global document security, and
exchange terrorist information.
Subtitle B--Visa Waiver
Sec. 711. Modernization of the visa waiver program.
Subtitle C--Strengthening Terrorism Prevention Programs
Sec. 721. Strengthening the capabilities of the Human Smuggling and Trafficking Center.
Sec. 722. Enhancements to the terrorist travel program.
Sec. 723. Enhanced driver's license.
Sec. 724. Western Hemisphere Travel Initiative.
Sec. 725. Model ports-of-entry.
Subtitle D--Miscellaneous Provisions
Sec. 731. Report regarding border security.
TITLE VIII--PRIVACY AND CIVIL LIBERTIES
Sec. 801. Modification of authorities relating to Privacy and Civil Liberties Oversight Board.
Sec. 802. Department Privacy Officer.
Sec. 803. Privacy and civil liberties officers.
Sec. 804. Federal Agency Data Mining Reporting Act of 2007.
TITLE IX--PRIVATE SECTOR PREPAREDNESS
Sec. 901. Private sector preparedness.
Sec. 902. Responsibilities of the private sector Office of the Department.
TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY
Sec. 1001. National Asset Database.
Sec. 1002. Risk assessments and report.
Sec. 1003. Sense of Congress regarding the inclusion of levees in the National Infrastructure Protection Plan.
TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1101. National Biosurveillance Integration Center.
Sec. 1102. Biosurveillance efforts.
Sec. 1103. Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction.
Sec. 1104. Integration of detection equipment and technologies.
TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
Sec. 1202. Transportation security strategic planning.
Sec. 1203. Transportation security information sharing.
Sec. 1204. National domestic preparedness consortium.
Sec. 1205. National transportation security center of excellence.
Sec. 1206. Immunity for reports of suspected terrorist activity or suspicious behavior and response.
TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS
Sec. 1302. Enforcement authority.
Sec. 1303. Authorization of visible intermodal prevention and response teams.
Sec. 1304. Surface transportation security inspectors.
Sec. 1305. Surface transportation security technology information sharing.
Sec. 1306. TSA personnel limitations.
Sec. 1307. National explosives detection canine team training program.
Sec. 1308. Maritime and surface transportation security user fee study.
Sec. 1309. Prohibition of issuance of transportation security cards to convicted felons.
Sec. 1310. Roles of the Department of Homeland Security and the Department of Transportation.
TITLE XIV--PUBLIC TRANSPORTATION SECURITY
Sec. 1404. National Strategy for Public Transportation Security.
Sec. 1405. Security assessments and plans.
Sec. 1406. Public transportation security assistance.
Sec. 1407. Security exercises.
Sec. 1408. Public transportation security training program.
Sec. 1409. Public transportation research and development.
Sec. 1410. Information sharing.
Sec. 1411. Threat assessments.
Sec. 1412. Reporting requirements.
Sec. 1413. Public transportation employee protections.
Sec. 1414. Security background checks of covered individuals for public transportation.
Sec. 1415. Limitation on fines and civil penalties.
TITLE XV--SURFACE TRANSPORTATION SECURITY
Subtitle A--General Provisions
Sec. 1502. Oversight and grant procedures.
Sec. 1503. Authorization of appropriations.
Sec. 1504. Public awareness.
Subtitle B--Railroad Security
Sec. 1511. Railroad transportation security risk assessment and national strategy.
Sec. 1512. Railroad carrier assessments and plans.
Sec. 1513. Railroad security assistance.
Sec. 1514. Systemwide Amtrak security upgrades.
Sec. 1515. Fire and life safety improvements.
Sec. 1516. Railroad carrier exercises.
Sec. 1517. Railroad security training program.
Sec. 1518. Railroad security research and development.
Sec. 1519. Railroad tank car security testing.
Sec. 1520. Railroad threat assessments.
Sec. 1521. Railroad employee protections.
Sec. 1522. Security background checks of covered individuals.
Sec. 1523. Northern border railroad passenger report.
Sec. 1524. International Railroad Security Program.
Sec. 1525. Transmission line report.
Sec. 1526. Railroad security enhancements.
Sec. 1527. Applicability of District of Columbia law to certain Amtrak contracts.
Sec. 1528. Railroad preemption clarification.
Subtitle C--Over-the-Road Bus and Trucking Security
Sec. 1531. Over-the-road bus security assessments and plans.
Sec. 1532. Over-the-road bus security assistance.
Sec. 1533. Over-the-road bus exercises.
Sec. 1534. Over-the-road bus security training program.
Sec. 1535. Over-the-road bus security research and development.
Sec. 1536. Motor carrier employee protections.
Sec. 1537. Unified carrier registration system agreement.
Sec. 1538. School bus transportation security.
Sec. 1539. Technical amendment.
Sec. 1540. Truck security assessment.
Sec. 1541. Memorandum of understanding annex.
Sec. 1542. DHS Inspector General report on trucking security grant program.
Subtitle D--Hazardous Material and Pipeline Security
Sec. 1551. Railroad routing of security-sensitive materials.
Sec. 1552. Railroad security-sensitive material tracking.
Sec. 1553. Hazardous materials highway routing.
Sec. 1554. Motor carrier security-sensitive material tracking.
Sec. 1555. Hazardous materials security inspections and study.
Sec. 1556. Technical corrections.
Sec. 1557. Pipeline security inspections and enforcement.
Sec. 1558. Pipeline security and incident recovery plan.
TITLE XVI--AVIATION
Sec. 1601. Airport checkpoint screening fund.
Sec. 1602. Screening of cargo carried aboard passenger aircraft.
Sec. 1603. In-line baggage screening.
Sec. 1604. In-line baggage system deployment.
Sec. 1605. Strategic plan to test and implement advanced passenger prescreening system.
Sec. 1606. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight.
Sec. 1607. Strengthening explosives detection at passenger screening checkpoints.
Sec. 1608. Research and development of aviation transportation security technology.
Sec. 1609. Blast-resistant cargo containers.
Sec. 1610. Protection of passenger planes from explosives.
Sec. 1611. Specialized training.
Sec. 1612. Certain TSA personnel limitations not to apply.
Sec. 1613. Pilot project to test different technologies at airport exit lanes.
Sec. 1614. Security credentials for airline crews.
Sec. 1615. Law enforcement officer biometric credential.
Sec. 1616. Repair station security.
Sec. 1617. General aviation security.
Sec. 1618. Extension of authorization of aviation security funding.
TITLE XVII--MARITIME CARGO
Sec. 1701. Container scanning and seals.
TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM
Subtitle A--Repeal and Modification of Limitations on Assistance for Prevention of WMD Proliferation and Terrorism
Sec. 1811. Repeal and modification of limitations on
assistance for prevention of weapons of mass destruction proliferation
and terrorism.
Subtitle B--Proliferation Security Initiative
Sec. 1821. Proliferation Security Initiative improvements and authorities.
Sec. 1822. Authority to provide assistance to cooperative countries.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass Destruction Proliferation and Terrorism
Sec. 1831. Statement of policy.
Sec. 1832. Authorization of appropriations for the Department of Defense Cooperative Threat Reduction Program.
Sec. 1833. Authorization of appropriations for the
Department of Energy programs to prevent weapons of mass destruction
proliferation and terrorism.
Subtitle D--Office of the United States Coordinator for the
Prevention of Weapons of Mass Destruction Proliferation and Terrorism
Sec. 1841. Office of the United States Coordinator for
the Prevention of Weapons of Mass Destruction Proliferation and
Terrorism.
Sec. 1842. Sense of Congress on United States-Russia
cooperation and coordination on the prevention of weapons of mass
destruction proliferation and terrorism.
Subtitle E--Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism
Sec. 1851. Establishment of Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism.
Sec. 1852. Purposes of Commission.
Sec. 1853. Composition of Commission.
Sec. 1854. Responsibilities of Commission.
Sec. 1855. Powers of Commission.
Sec. 1856. Nonapplicability of Federal Advisory Committee Act.
TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES
Sec. 1901. Promoting antiterrorism capabilities through international cooperation.
Sec. 1902. Transparency of funds.
TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION
Subtitle A--Quality Educational Opportunities in Predominantly Muslim Countries.
Sec. 2011. Findings; Policy.
Sec. 2012. International Muslim Youth Opportunity Fund.
Sec. 2013. Annual report to Congress.
Sec. 2014. Extension of program to provide grants to
American-sponsored schools in predominantly Muslim Countries to provide
scholarships.
Subtitle B--Democracy and Development in the Broader Middle East Region
Sec. 2021. Middle East Foundation.
Subtitle C--Reaffirming United States Moral Leadership
Sec. 2031. Advancing United States interests through public diplomacy.
Sec. 2032. Oversight of international broadcasting.
Sec. 2033. Expansion of United States scholarship, exchange, and library programs in predominantly Muslim countries.
Sec. 2034. United States policy toward detainees.
Subtitle D--Strategy for the United States Relationship With Afghanistan, Pakistan, and Saudi Arabia
TITLE XXI--ADVANCING DEMOCRATIC VALUES
Sec. 2103. Statement of policy.
Subtitle A--Activities to Enhance the Promotion of Democracy
Sec. 2111. Democracy Promotion at the Department of State.
Sec. 2112. Democracy Fellowship Program.
Sec. 2113. Investigations of violations of international humanitarian law.
Subtitle B--Strategies and Reports on Human Rights and the Promotion of Democracy
Sec. 2121. Strategies, priorities, and annual report.
Sec. 2122. Translation of human rights reports.
Subtitle C--Advisory Committee on Democracy Promotion and the Internet Website of the Department of State
Sec. 2131. Advisory Committee on Democracy Promotion.
Sec. 2132. Sense of Congress regarding the Internet website of the Department of State.
Subtitle D--Training in Democracy and Human Rights; Incentives
Sec. 2141. Training in democracy promotion and the protection of human rights.
Sec. 2142. Sense of Congress regarding ADVANCE Democracy Award.
Sec. 2143. Personnel policies at the Department of State.
Subtitle E--Cooperation With Democratic Countries
Sec. 2151. Cooperation with democratic countries.
Subtitle F--Funding for Promotion of Democracy
Sec. 2161. The United Nations Democracy Fund.
Sec. 2162. United States democracy assistance programs.
TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS
Sec. 2201. Interoperable emergency communications.
Sec. 2202. Clarification of congressional intent.
Sec. 2203. Cross border interoperability reports.
Sec. 2204. Extension of short quorum.
Sec. 2205. Requiring reports to be submitted to certain committees.
TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION
Sec. 2302. Funding for program.
Sec. 2303. NTIA coordination of E-911 implementation.
TITLE XXIV--MISCELLANEOUS PROVISIONS
Sec. 2401. Quadrennial homeland security review.
Sec. 2402. Sense of the Congress regarding the prevention of radicalization leading to ideologically-based violence.
Sec. 2403. Requiring reports to be submitted to certain committees.
Sec. 2404. Demonstration project.
Sec. 2405. Under Secretary for Management of Department of Homeland Security.
TITLE I--HOMELAND SECURITY GRANTS
SEC. 101. 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:
`TITLE XX--HOMELAND SECURITY GRANTS
`SEC. 2001. DEFINITIONS.
`In this title, the following definitions shall apply:
`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Federal Emergency Management Agency.
`(2) APPROPRIATE COMMITTEES OF CONGRESS- The term `appropriate committees of Congress' means--
`(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
`(B) those committees of the House of Representatives that the Speaker of the House of Representatives determines appropriate.
`(3) CRITICAL INFRASTRUCTURE SECTORS- The term
`critical infrastructure sectors' means the following sectors, in both
urban and rural areas:
`(A) Agriculture and food.
`(B) Banking and finance.
`(C) Chemical industries.
`(D) Commercial facilities.
`(E) Commercial nuclear reactors, materials, and waste.
`(G) The defense industrial base.
`(J) Government facilities.
`(K) Information technology.
`(L) National monuments and icons.
`(M) Postal and shipping.
`(N) Public health and health care.
`(P) Transportation systems.
`(4) DIRECTLY ELIGIBLE TRIBE- The term `directly eligible tribe' means--
`(i) that is located in the continental United States;
`(ii) that operates a law enforcement or
emergency response agency with the capacity to respond to calls for law
enforcement or emergency services;
`(iii)(I) that is located on or near an
international border or a coastline bordering an ocean (including the
Gulf of Mexico) or international waters;
`(II) that is located within 10 miles of a
system or asset included on the prioritized critical infrastructure
list established under section 210E(a)(2) or has such a system or asset
within its territory;
`(III) that is located within or contiguous to
1 of the 50 most populous metropolitan statistical areas in the United
States; or
`(IV) the jurisdiction of which includes not
less than 1,000 square miles of Indian country, as that term is defined
in section 1151 of title 18, United States Code; and
`(iv) that certifies to the Secretary that a
State has not provided funds under section 2003 or 2004 to the Indian
tribe or consortium of Indian tribes for the purpose for which direct
funding is sought; and
`(B) a consortium of Indian tribes, if each tribe satisfies the requirements of subparagraph (A).
`(5) ELIGIBLE METROPOLITAN AREA- The term `eligible
metropolitan area' means any of the 100 most populous metropolitan
statistical areas in the United States.
`(6) HIGH-RISK URBAN AREA- The term `high-risk urban
area' means a high-risk urban area designated under section
2003(b)(3)(A).
`(7) INDIAN TRIBE- The term `Indian tribe' has the
meaning given that term in section 4(e) of the Indian
Self-Determination Act (25 U.S.C. 450b(e)).
`(8) METROPOLITAN STATISTICAL AREA- The term
`metropolitan statistical area' means a metropolitan statistical area,
as defined by the Office of Management and Budget.
`(9) NATIONAL SPECIAL SECURITY EVENT- The term
`National Special Security Event' means a designated event that, by
virtue of its political, economic, social, or religious significance,
may be the target of terrorism or other criminal activity.
`(10) POPULATION- The term `population' means
population according to the most recent United States census population
estimates available at the start of the relevant fiscal year.
`(11) POPULATION DENSITY- The term `population density' means population divided by land area in square miles.
`(12) QUALIFIED INTELLIGENCE ANALYST- The term
`qualified intelligence analyst' means an intelligence analyst (as that
term is defined in section 210A(j)), including law enforcement
personnel--
`(A) who has successfully completed training to
ensure baseline proficiency in intelligence analysis and production, as
determined by the Secretary, which may include training using a
curriculum developed under section 209; or
`(B) whose experience ensures baseline proficiency
in intelligence analysis and production equivalent to the training
required under subparagraph (A), as determined by the Secretary.
`(13) TARGET CAPABILITIES- The term `target
capabilities' means the target capabilities for Federal, State, local,
and tribal government preparedness for which guidelines are required to
be established under section 646(a) of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 746(a)).
`(14) TRIBAL GOVERNMENT- The term `tribal government' means the government of an Indian tribe.
`Subtitle A--Grants to States and High-Risk Urban Areas
`SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.
`(a) Grants Authorized- The Secretary, through the
Administrator, may award grants under sections 2003 and 2004 to State,
local, and tribal governments.
`(b) Programs Not Affected- This subtitle shall not be construed to affect any of the following Federal programs:
`(1) Firefighter and other assistance programs
authorized under the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2201 et seq.).
`(2) Grants authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
`(3) Emergency Management Performance Grants under the
amendments made by title II of the Implementing Recommendations of the
9/11 Commission Act of 2007.
`(4) Grants to protect critical infrastructure,
including port security grants authorized under section 70107 of title
46, United States Code, and the grants authorized under title XIV and
XV of the Implementing Recommendations of the 9/11 Commission Act of
2007 and the amendments made by such titles.
`(5) The Metropolitan Medical Response System
authorized under section 635 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 723).
`(6) The Interoperable Emergency Communications Grant Program authorized under title XVIII.
`(7) Grant programs other than those administered by the Department.
`(c) Relationship to Other Laws-
`(1) IN GENERAL- The grant programs authorized under
sections 2003 and 2004 shall supercede all grant programs authorized
under section 1014 of the USA PATRIOT Act (42 U.S.C. 3714).
`(2) ALLOCATION- The allocation of grants authorized
under section 2003 or 2004 shall be governed by the terms of this
subtitle and not by any other provision of law.
`SEC. 2003. URBAN AREA SECURITY INITIATIVE.
`(a) Establishment- There is established an Urban Area
Security Initiative to provide grants to assist high-risk urban areas
in preventing, preparing for, protecting against, and responding to
acts of terrorism.
`(b) Assessment and Designation of High-Risk Urban Areas-
`(1) IN GENERAL- The Administrator shall designate
high-risk urban areas to receive grants under this section based on
procedures under this subsection.
`(A) IN GENERAL- For each fiscal year, the
Administrator shall conduct an initial assessment of the relative
threat, vulnerability, and consequences from acts of terrorism faced by
each eligible metropolitan area, including consideration of--
`(i) the factors set forth in subparagraphs (A) through (H) and (K) of section 2007(a)(1); and
`(ii) information and materials submitted under subparagraph (B).
`(B) SUBMISSION OF INFORMATION BY ELIGIBLE
METROPOLITAN AREAS- Prior to conducting each initial assessment under
subparagraph (A), the Administrator shall provide each eligible
metropolitan area with, and shall notify each eligible metropolitan
area of, the opportunity to--
`(i) submit information that the eligible
metropolitan area believes to be relevant to the determination of the
threat, vulnerability, and consequences it faces from acts of
terrorism; and
`(ii) review the risk assessment conducted by
the Department of that eligible metropolitan area, including the bases
for the assessment by the Department of the threat, vulnerability, and
consequences from acts of terrorism faced by that eligible metropolitan
area, and remedy erroneous or incomplete information.
`(3) DESIGNATION OF HIGH-RISK URBAN AREAS-
`(i) IN GENERAL- For each fiscal year, after
conducting the initial assessment under paragraph (2), and based on
that assessment, the Administrator shall designate high-risk urban
areas that may submit applications for grants under this section.
`(ii) ADDITIONAL AREAS- Notwithstanding paragraph (2), the Administrator may--
`(I) in any case where an eligible
metropolitan area consists of more than 1 metropolitan division (as
that term is defined by the Office of Management and Budget) designate
more than 1 high-risk urban area within a single eligible metropolitan
area; and
`(II) designate an area that is not an
eligible metropolitan area as a high-risk urban area based on the
assessment by the Administrator of the relative threat, vulnerability,
and consequences from acts of terrorism faced by the area.
`(iii) RULE OF CONSTRUCTION- Nothing in this subsection may be construed to require the Administrator to--
`(I) designate all eligible metropolitan
areas that submit information to the Administrator under paragraph
(2)(B)(i) as high-risk urban areas; or
`(II) designate all areas within an eligible metropolitan area as part of the high-risk urban area.
`(B) JURISDICTIONS INCLUDED IN HIGH-RISK URBAN AREAS-
`(i) IN GENERAL- In designating high-risk urban
areas under subparagraph (A), the Administrator shall determine which
jurisdictions, at a minimum, shall be included in each high-risk urban
area.
`(ii) ADDITIONAL JURISDICTIONS- A high-risk
urban area designated by the Administrator may, in consultation with
the State or States in which such high-risk urban area is located, add
additional jurisdictions to the high-risk urban area.
`(1) IN GENERAL- An area designated as a high-risk urban area under subsection (b) may apply for a grant under this section.
`(2) MINIMUM CONTENTS OF APPLICATION- In an application for a grant under this section, a high-risk urban area shall submit--
`(A) a plan describing the proposed division of
responsibilities and distribution of funding among the local and tribal
governments in the high-risk urban area;
`(B) the name of an individual to serve as a
high-risk urban area liaison with the Department and among the various
jurisdictions in the high-risk urban area; and
`(C) such information in support of the application as the Administrator may reasonably require.
`(3) ANNUAL APPLICATIONS- Applicants for grants under this section shall apply or reapply on an annual basis.
`(4) STATE REVIEW AND TRANSMISSION-
`(A) IN GENERAL- To ensure consistency with State
homeland security plans, a high-risk urban area applying for a grant
under this section shall submit its application to each State within
which any part of that high-risk urban area is located for review
before submission of such application to the Department.
`(B) DEADLINE- Not later than 30 days after
receiving an application from a high-risk urban area under subparagraph
(A), a State shall transmit the application to the Department.
`(C) OPPORTUNITY FOR STATE COMMENT- If the Governor
of a State determines that an application of a high-risk urban area is
inconsistent with the State homeland security plan of that State, or
otherwise does not support the application, the Governor shall--
`(i) notify the Administrator, in writing, of that fact; and
`(ii) provide an explanation of the reason for not supporting the application at the time of transmission of the application.
`(5) OPPORTUNITY TO AMEND- In considering applications
for grants under this section, the Administrator shall provide
applicants with a reasonable opportunity to correct defects in the
application, if any, before making final awards.
`(d) Distribution of Awards-
`(1) IN GENERAL- If the Administrator approves the
application of a high-risk urban area for a grant under this section,
the Administrator shall distribute the grant funds to the State or
States in which that high-risk urban area is located.
`(2) STATE DISTRIBUTION OF FUNDS-
`(A) IN GENERAL- Not later than 45 days after the
date that a State receives grant funds under paragraph (1), that State
shall provide the high-risk urban area awarded that grant not less than
80 percent of the grant funds. Any funds retained by a State shall be
expended on items, services, or activities that benefit the high-risk
urban area.
`(B) FUNDS RETAINED- A State shall provide each
relevant high-risk urban area with an accounting of the items,
services, or activities on which any funds retained by the State under
subparagraph (A) were expended.
`(3) INTERSTATE URBAN AREAS- If parts of a high-risk
urban area awarded a grant under this section are located in 2 or more
States, the Administrator shall distribute to each such State--
`(A) a portion of the grant funds in accordance with the proposed distribution set forth in the application; or
`(B) if no agreement on distribution has been
reached, a portion of the grant funds determined by the Administrator
to be appropriate.
`(4) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT
FUNDS TO HIGH-RISK URBAN AREAS- A State that receives grant funds under
paragraph (1) shall certify to the Administrator that the State has
made available to the applicable high-risk urban area the required
funds under paragraph (2).
`(e) Authorization of Appropriations- There are authorized to be appropriated for grants under this section--
`(1) $850,000,000 for fiscal year 2008;
`(2) $950,000,000 for fiscal year 2009;
`(3) $1,050,000,000 for fiscal year 2010;
`(4) $1,150,000,000 for fiscal year 2011;
`(5) $1,300,000,000 for fiscal year 2012; and
`(6) such sums as are necessary for fiscal year 2013, and each fiscal year thereafter.
`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, and
responding to acts of terrorism.
`(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.
`(2) MINIMUM CONTENTS OF APPLICATION- The Administrator
shall require that each State include in its application, at a minimum--
`(A) the purpose for which the State seeks grant
funds and the reasons why the State needs the grant to meet the target
capabilities of that State;
`(B) a description of how the State plans to allocate the grant funds to local governments and Indian tribes; and
`(C) a budget showing how the State intends to expend the grant funds.
`(3) ANNUAL APPLICATIONS- Applicants for grants under this section shall apply or reapply on an annual basis.
`(c) Distribution to Local and Tribal Governments-
`(1) IN GENERAL- Not later than 45 days after receiving
grant funds, any State receiving a grant under this section shall make
available to local and tribal governments, consistent with the
applicable State homeland security plan--
`(A) not less than 80 percent of the grant funds;
`(B) with the consent of local and tribal
governments, items, services, or activities having a value of not less
than 80 percent of the amount of the grant; or
`(C) with the consent of local and tribal
governments, grant funds combined with other items, services, or
activities having a total value of not less than 80 percent of the
amount of the grant.
`(2) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT
FUNDS TO LOCAL GOVERNMENTS- A State shall certify to the Administrator
that the State has made the distribution to local and tribal
governments required under paragraph (1).
`(3) EXTENSION OF PERIOD- The Governor of a State may
request in writing that the Administrator extend the period under
paragraph (1) for an additional period of time. The Administrator may
approve such a request if the Administrator determines that the
resulting delay in providing grant funding to the local and tribal
governments is necessary to promote effective investments to prevent,
prepare for, protect against, or respond to acts of terrorism.
`(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.
`(5) DIRECT FUNDING- If a State fails to make the
distribution to local or tribal governments required under paragraph
(1) in a timely fashion, a local or tribal government entitled to
receive such distribution may petition the Administrator to request
that grant funds be provided directly to the local or tribal government.
`(d) Multistate Applications-
`(1) IN GENERAL- Instead of, or in addition to, any
application for a grant under subsection (b), 2 or more States may
submit an application for a grant under this section in support of
multistate efforts to prevent, prepare for, protect against, and
respond to acts of terrorism.
`(2) ADMINISTRATION OF GRANT- If a group of States
applies for a grant under this section, such States shall submit to the
Administrator at the time of application a plan describing--
`(A) the division of responsibilities for administering the grant; and
`(B) the distribution of funding among the States that are parties to the application.
`(1) IN GENERAL- In allocating funds under this section, the Administrator shall ensure that--
`(A) except as provided in subparagraph (B), each
State receives, from the funds appropriated for the State Homeland
Security Grant Program established under this section, not less than an
amount equal to--
`(i) 0.375 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2008;
`(ii) 0.365 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2009;
`(iii) 0.36 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2010;
`(iv) 0.355 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2011; and
`(v) 0.35 percent of the total funds
appropriated for grants under this section and section 2003 in fiscal
year 2012 and in each fiscal year thereafter; and
`(B) for each fiscal year, American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and the Virgin
Islands each receive, from the funds appropriated for the State
Homeland Security Grant Program established under this section, not
less than an amount equal to 0.08 percent of the total funds
appropriated for grants under this section and section 2003.
`(2) EFFECT OF MULTISTATE AWARD ON STATE MINIMUM- Any
portion of a multistate award provided to a State under subsection (d)
shall be considered in calculating the minimum State allocation under
this subsection.
`(f) Authorization of Appropriations- There are authorized to be appropriated for grants under this section--
`(1) $950,000,000 for each of fiscal years 2008 through 2012; and
`(2) such sums as are necessary for fiscal year 2013, and each fiscal year thereafter.
`SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.
`(a) In General- Notwithstanding section 2004(b), the
Administrator may award grants to directly eligible tribes under
section 2004.
`(b) Tribal Applications- A directly eligible tribe may
apply for a grant under section 2004 by submitting an application to
the Administrator that includes, as appropriate, the information
required for an application by a State under section 2004(b).
`(c) Consistency With State Plans-
`(1) IN GENERAL- To ensure consistency with any
applicable State homeland security plan, a directly eligible tribe
applying for a grant under section 2004 shall provide a copy of its
application to each State within which any part of the tribe is located
for review before the tribe submits such application to the Department.
`(2) OPPORTUNITY FOR COMMENT- If the Governor of a
State determines that the application of a directly eligible tribe is
inconsistent with the State homeland security plan of that State, or
otherwise does not support the application, not later than 30 days
after the date of receipt of that application the Governor shall--
`(A) notify the Administrator, in writing, of that fact; and
`(B) provide an explanation of the reason for not supporting the application.
`(d) Final Authority- The Administrator shall have final
authority to approve any application of a directly eligible tribe. The
Administrator shall notify each State within the boundaries of which
any part of a directly eligible tribe is located of the approval of an
application by the tribe.
`(e) Prioritization- The Administrator shall allocate funds
to directly eligible tribes in accordance with the factors applicable
to allocating funds among States under section 2007.
`(f) Distribution of Awards to Directly Eligible Tribes- If
the Administrator awards funds to a directly eligible tribe under this
section, the Administrator shall distribute the grant funds directly to
the tribe and not through any State.
`(1) IN GENERAL- In allocating funds under this
section, the Administrator shall ensure that, for each fiscal year,
directly eligible tribes collectively receive, from the funds
appropriated for the State Homeland Security Grant Program established
under section 2004, not less than an amount equal to 0.1 percent of the
total funds appropriated for grants under sections 2003 and 2004.
`(2) EXCEPTION- This subsection shall not apply in any fiscal year in which the Administrator--
`(A) receives fewer than 5 applications under this section; or
`(B) does not approve at least 2 applications under this section.
`(h) Tribal Liaison- A directly eligible tribe applying for
a grant under section 2004 shall designate an individual to serve as a
tribal liaison with the Department and other Federal, State, local, and
regional government officials concerning preventing, preparing for,
protecting against, and responding to acts of terrorism.
`(i) Eligibility for Other Funds- A directly eligible tribe
that receives a grant under section 2004 may receive funds for other
purposes under a grant from the State or States within the boundaries
of which any part of such tribe is located and from any high-risk urban
area of which it is a part, consistent with the homeland security plan
of the State or high-risk urban area.
`(1) IN GENERAL- States shall be responsible for
allocating grant funds received under section 2004 to tribal
governments in order to help those tribal communities achieve target
capabilities not achieved through grants to directly eligible tribes.
`(2) DISTRIBUTION OF GRANT FUNDS- With respect to a
grant to a State under section 2004, an Indian tribe shall be eligible
for funding directly from that State, and shall not be required to seek
funding from any local government.
`(3) IMPOSITION OF REQUIREMENTS- A State may not impose
unreasonable or unduly burdensome requirements on an Indian tribe as a
condition of providing the Indian tribe with grant funds or resources
under section 2004.
`(k) Rule of Construction- Nothing in this section shall be
construed to affect the authority of an Indian tribe that receives
funds under this subtitle.
`SEC. 2006. TERRORISM PREVENTION.
`(a) Law Enforcement Terrorism Prevention Program-
`(1) IN GENERAL- The Administrator shall ensure that
not less than 25 percent of the total combined funds appropriated for
grants under sections 2003 and 2004 is used for law enforcement
terrorism prevention activities.
`(2) LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES- Law enforcement terrorism prevention activities include--
`(A) information sharing and analysis;
`(D) terrorist interdiction;
`(E) overtime expenses consistent with a State
homeland security plan, including for the provision of enhanced law
enforcement operations in support of Federal agencies, including for
increased border security and border crossing enforcement;
`(F) establishing, enhancing, and staffing with
appropriately qualified personnel State, local, and regional fusion
centers that comply with the guidelines established under section
210A(i);
`(G) paying salaries and benefits for personnel,
including individuals employed by the grant recipient on the date of
the relevant grant application, to serve as qualified intelligence
analysts;
`(H) any other activity permitted under the Fiscal
Year 2007 Program Guidance of the Department for the Law Enforcement
Terrorism Prevention Program; and
`(I) any other terrorism prevention activity authorized by the Administrator.
`(3) PARTICIPATION OF UNDERREPRESENTED COMMUNITIES IN
FUSION CENTERS- The Administrator shall ensure that grant funds
described in paragraph (1) are used to support the participation, as
appropriate, of law enforcement and other emergency response providers
from rural and other underrepresented communities at risk from acts of
terrorism in fusion centers.
`(b) Office for State and Local Law Enforcement-
`(1) ESTABLISHMENT- There is established in the Policy
Directorate of the Department an Office for State and Local Law
Enforcement, which shall be headed by an Assistant Secretary for State
and Local Law Enforcement.
`(2) QUALIFICATIONS- The Assistant Secretary for State
and Local Law Enforcement shall have an appropriate background with
experience in law enforcement, intelligence, and other counterterrorism
functions.
`(3) ASSIGNMENT OF PERSONNEL- The Secretary shall
assign to the Office for State and Local Law Enforcement permanent
staff and, as appropriate and consistent with sections 506(c)(2), 821,
and 888(d), other appropriate personnel detailed from other components
of the Department to carry out the responsibilities under this
subsection.
`(4) RESPONSIBILITIES- The Assistant Secretary for State and Local Law Enforcement shall--
`(A) lead the coordination of Department-wide
policies relating to the role of State and local law enforcement in
preventing, preparing for, protecting against, and responding to
natural disasters, acts of terrorism, and other man-made disasters
within the United States;
`(B) serve as a liaison between State, local, and tribal law enforcement agencies and the Department;
`(C) coordinate with the Office of Intelligence and
Analysis to ensure the intelligence and information sharing
requirements of State, local, and tribal law enforcement agencies are
being addressed;
`(D) work with the Administrator to ensure that law
enforcement and terrorism-focused grants to State, local, and tribal
government agencies, including grants under sections 2003 and 2004, the
Commercial Equipment Direct Assistance Program, and other grants
administered by the Department to support fusion centers and law
enforcement-oriented programs, are appropriately focused on terrorism
prevention activities;
`(E) coordinate with the Science and Technology
Directorate, the Federal Emergency Management Agency, the Department of
Justice, the National Institute of Justice, law enforcement
organizations, and other appropriate entities to support the
development, promulgation, and updating, as necessary, of national
voluntary consensus standards for training and personal protective
equipment to be used in a tactical environment by law enforcement
officers; and
`(F) conduct, jointly with the Administrator, a
study to determine the efficacy and feasibility of establishing
specialized law enforcement deployment teams to assist State, local,
and tribal governments in responding to natural disasters, acts of
terrorism, or other man-made disasters and report on the results of
that study to the appropriate committees of Congress.
`(5) RULE OF CONSTRUCTION- Nothing in this subsection
shall be construed to diminish, supercede, or replace the
responsibilities, authorities, or role of the Administrator.
`SEC. 2007. PRIORITIZATION.
`(a) In General- In allocating funds among States and
high-risk urban areas applying for grants under section 2003 or 2004,
the Administrator shall consider, for each State or high-risk urban
area--
`(1) its relative threat, vulnerability, and consequences from acts of terrorism, including consideration of--
`(A) its population, including appropriate consideration of military, tourist, and commuter populations;
`(B) its population density;
`(C) its history of threats, including whether it has been the target of a prior act of terrorism;
`(D) its degree of threat, vulnerability, and
consequences related to critical infrastructure (for all critical
infrastructure sectors) or key resources identified by the
Administrator or the State homeland security plan, including threats,
vulnerabilities, and consequences related to critical infrastructure or
key resources in nearby jurisdictions;
`(E) the most current threat assessments available to the Department;
`(F) whether the State has, or the high-risk urban area is located at or near, an international border;
`(G) whether it has a coastline bordering an ocean (including the Gulf of Mexico) or international waters;
`(H) its likely need to respond to acts of terrorism occurring in nearby jurisdictions;
`(I) the extent to which it has unmet target capabilities;
`(J) in the case of a high-risk urban area, the extent to which that high-risk urban area includes--
`(i) those incorporated municipalities,
counties, parishes, and Indian tribes within the relevant eligible
metropolitan area, the inclusion of which will enhance regional efforts
to prevent, prepare for, protect against, and respond to acts of
terrorism; and
`(ii) other local and tribal governments in the
surrounding area that are likely to be called upon to respond to acts
of terrorism within the high-risk urban area; and
`(K) such other factors as are specified in writing by the Administrator; and
`(2) the anticipated effectiveness of the proposed use
of the grant by the State or high-risk urban area in increasing the
ability of that State or high-risk urban area to prevent, prepare for,
protect against, and respond to acts of terrorism, to meet its target
capabilities, and to otherwise reduce the overall risk to the high-risk
urban area, the State, or the Nation.
`(b) Types of Threat- In assessing threat under this
section, the Administrator shall consider the following types of threat
to critical infrastructure sectors and to populations in all areas of
the United States, urban and rural:
`(9) Such other types of threat determined relevant by the Administrator.
`SEC. 2008. USE OF FUNDS.
`(a) Permitted Uses- Grants awarded under section 2003
or 2004 may be used to achieve target capabilities related to
preventing, preparing for, protecting against, and responding to acts
of terrorism, consistent with a State homeland security plan and
relevant local, tribal, and regional homeland security plans, through--
`(1) developing and enhancing homeland security,
emergency management, or other relevant plans, assessments, or mutual
aid agreements;
`(2) designing, conducting, and evaluating training and
exercises, including training and exercises conducted under section 512
of this Act and section 648 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 748);
`(3) protecting a system or asset included on the
prioritized critical infrastructure list established under section
210E(a)(2);
`(4) purchasing, upgrading, storing, or maintaining equipment, including computer hardware and software;
`(5) ensuring operability and achieving interoperability of emergency communications;
`(6) responding to an increase in the threat level
under the Homeland Security Advisory System, or to the needs resulting
from a National Special Security Event;
`(7) establishing, enhancing, and staffing with
appropriately qualified personnel State, local, and regional fusion
centers that comply with the guidelines established under section
210A(i);
`(8) enhancing school preparedness;
`(9) supporting public safety answering points;
`(10) paying salaries and benefits for personnel,
including individuals employed by the grant recipient on the date of
the relevant grant application, to serve as qualified intelligence
analysts;
`(11) paying expenses directly related to
administration of the grant, except that such expenses may not exceed 3
percent of the amount of the grant;
`(12) any activity permitted under the Fiscal Year 2007
Program Guidance of the Department for the State Homeland Security
Grant Program, the Urban Area Security Initiative (including activities
permitted under the full-time counterterrorism staffing pilot), or the
Law Enforcement Terrorism Prevention Program; and
`(13) any other appropriate activity, as determined by the Administrator.
`(b) Limitations on Use of Funds-
`(1) IN GENERAL- Funds provided under section 2003 or 2004 may not be used--
`(A) to supplant State or local funds, except that
nothing in this paragraph shall prohibit the use of grant funds
provided to a State or high-risk urban area for otherwise permissible
uses under subsection (a) on the basis that a State or high-risk urban
area has previously used State or local funds to support the same or
similar uses; or
`(B) for any State or local government cost-sharing contribution.
`(A) IN GENERAL- Not more than 50 percent of the
amount awarded to a grant recipient under section 2003 or 2004 in any
fiscal year may be used to pay for personnel, including overtime and
backfill costs, in support of the permitted uses under subsection (a).
`(B) WAIVER- At the request of the recipient of a
grant under section 2003 or 2004, the Administrator may grant a waiver
of the limitation under subparagraph (A).
`(A) IN GENERAL- A grant awarded under section 2003
or 2004 may not be used to acquire land or to construct buildings or
other physical facilities.
`(i) IN GENERAL- Notwithstanding subparagraph
(A), nothing in this paragraph shall prohibit the use of a grant
awarded under section 2003 or 2004 to achieve target capabilities
related to preventing, preparing for, protecting against, or responding
to acts of terrorism, including through the alteration or remodeling of
existing buildings for the purpose of making such buildings secure
against acts of terrorism.
`(ii) REQUIREMENTS FOR EXCEPTION- No grant
awarded under section 2003 or 2004 may be used for a purpose described
in clause (i) unless--
`(I) specifically approved by the Administrator;
`(II) any construction work occurs under
terms and conditions consistent with the requirements under section
611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196(j)(9)); and
`(III) the amount allocated for purposes
under clause (i) does not exceed the greater of $1,000,000 or 15
percent of the grant award.
`(4) RECREATION- Grants awarded under this subtitle may not be used for recreational or social purposes.
`(c) Multiple-Purpose Funds- Nothing in this subtitle shall
be construed to prohibit State, local, or tribal governments from using
grant funds under sections 2003 and 2004 in a manner that enhances
preparedness for disasters unrelated to acts of terrorism, if such use
assists such governments in achieving target capabilities related to
preventing, preparing for, protecting against, or responding to acts of
terrorism.
`(d) Reimbursement of Costs-
`(1) PAID-ON-CALL OR VOLUNTEER REIMBURSEMENT- In
addition to the activities described in subsection (a), a grant under
section 2003 or 2004 may be used to provide a reasonable stipend to
paid-on-call or volunteer emergency response providers who are not
otherwise compensated for travel to or participation in training or
exercises related to the purposes of this subtitle. Any such
reimbursement shall not be considered compensation for purposes of
rendering an emergency response provider an employee under the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
`(2) PERFORMANCE OF FEDERAL DUTY- An applicant for a
grant under section 2003 or 2004 may petition the Administrator to use
the funds from its grants under those sections for the reimbursement of
the cost of any activity relating to preventing, preparing for,
protecting against, or responding to acts of terrorism that is a
Federal duty and usually performed by a Federal agency, and that is
being performed by a State or local government under agreement with a
Federal agency.
`(e) Flexibility in Unspent Homeland Security Grant Funds-
Upon request by the recipient of a grant under section 2003 or 2004,
the Administrator may authorize the grant recipient to transfer all or
part of the grant funds from uses specified in the grant agreement to
other uses authorized under this section, if the Administrator
determines that such transfer is in the interests of homeland security.
`(f) Equipment Standards- If an applicant for a grant under
section 2003 or 2004 proposes to upgrade or purchase, with assistance
provided under that grant, new equipment or systems that do not meet or
exceed any applicable national voluntary consensus standards developed
under section 647 of the Post-Katrina Emergency Management Reform Act
of 2006 (6 U.S.C. 747), the applicant shall include in its application
an explanation of why such equipment or systems will serve the needs of
the applicant better than equipment or systems that meet or exceed such
standards.
`Subtitle B--Grants Administration
`SEC. 2021. ADMINISTRATION AND COORDINATION.
`(a) Regional Coordination- The Administrator shall ensure that--
`(1) all recipients of grants administered by the
Department to prevent, prepare for, protect against, or respond to
natural disasters, acts of terrorism, or other man-made disasters
(excluding assistance provided under section 203, title IV, or title V
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) coordinate, as
appropriate, their prevention, preparedness, and protection efforts
with neighboring State, local, and tribal governments; and
`(2) all high-risk urban areas and other recipients of
grants administered by the Department to prevent, prepare for, protect
against, or respond to natural disasters, acts of terrorism, or other
man-made disasters (excluding assistance provided under section 203,
title IV, or title V of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et
seq.)) that include or substantially affect parts or all of more than 1
State coordinate, as appropriate, across State boundaries, including,
where appropriate, through the use of regional working groups and
requirements for regional plans.
`(b) Planning Committees-
`(1) IN GENERAL- Any State or high-risk urban area
receiving a grant under section 2003 or 2004 shall establish a planning
committee to assist in preparation and revision of the State, regional,
or local homeland security plan and to assist in determining effective
funding priorities for grants under sections 2003 and 2004.
`(A) IN GENERAL- The planning committee shall include representatives of significant stakeholders, including--
`(i) local and tribal government officials; and
`(ii) emergency response providers, which shall
include representatives of the fire service, law enforcement, emergency
medical response, and emergency managers.
`(B) GEOGRAPHIC REPRESENTATION- The members of the
planning committee shall be a representative group of individuals from
the counties, cities, towns, and Indian tribes within the State or
high-risk urban area, including, as appropriate, representatives of
rural, high-population, and high-threat jurisdictions.
`(3) EXISTING PLANNING COMMITTEES- Nothing in this
subsection may be construed to require that any State or high-risk
urban area create a planning committee if that State or high-risk urban
area has established and uses a multijurisdictional planning committee
or commission that meets the requirements of this subsection.
`(c) Interagency Coordination-
`(1) IN GENERAL- Not later than 12 months after the
date of enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the Secretary (acting through the
Administrator), the Attorney General, the Secretary of Health and Human
Services, and the heads of other agencies providing assistance to
State, local, and tribal governments for preventing, preparing for,
protecting against, and responding to natural disasters, acts of
terrorism, and other man-made disasters, shall jointly--
`(A) compile a comprehensive list of Federal grant
programs for State, local, and tribal governments for preventing,
preparing for, protecting against, and responding to natural disasters,
acts of terrorism, and other man-made disasters;
`(B) compile the planning, reporting, application,
and other requirements and guidance for the grant programs described in
subparagraph (A);
`(C) develop recommendations, as appropriate, to--
`(i) eliminate redundant and duplicative
requirements for State, local, and tribal governments, including
onerous application and ongoing reporting requirements;
`(ii) ensure accountability of the programs to the intended purposes of such programs;
`(iii) coordinate allocation of grant funds to avoid duplicative or inconsistent purchases by the recipients;
`(iv) make the programs more accessible and user friendly to applicants; and
`(v) ensure the programs are coordinated to enhance the overall preparedness of the Nation;
`(D) submit the information and recommendations
under subparagraphs (A), (B), and (C) to the appropriate committees of
Congress; and
`(E) provide the appropriate committees of
Congress, the Comptroller General, and any officer or employee of the
Government Accountability Office with full access to any information
collected or reviewed in preparing the submission under subparagraph
(D).
`(2) SCOPE OF TASK- Nothing in this subsection shall
authorize the elimination, or the alteration of the purposes, as
delineated by statute, regulation, or guidance, of any grant program
that exists on the date of the enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, nor authorize the
review or preparation of proposals on the elimination, or the
alteration of such purposes, of any such grant program.
`(d) Sense of Congress- It is the sense of Congress that,
in order to ensure that the Nation is most effectively able to prevent,
prepare for, protect against, and respond to all hazards, including
natural disasters, acts of terrorism, and other man-made disasters--
`(1) the Department should administer a coherent and coordinated system of both terrorism-focused and all-hazards grants;
`(2) there should be a continuing and appropriate
balance between funding for terrorism-focused and all-hazards
preparedness, as reflected in the authorizations of appropriations for
grants under the amendments made by titles I and II, as applicable, of
the Implementing Recommendations of the 9/11 Commission Act of 2007; and
`(3) with respect to terrorism-focused grants, it is
necessary to ensure both that the target capabilities of the highest
risk areas are achieved quickly and that basic levels of preparedness,
as measured by the attainment of target capabilities, are achieved
nationwide.
`SEC. 2022. ACCOUNTABILITY.
`(a) Audits of Grant Programs-
`(1) COMPLIANCE REQUIREMENTS-
`(A) AUDIT REQUIREMENT- Each recipient of a grant
administered by the Department that expends not less than $500,000 in
Federal funds during its fiscal year shall submit to the Administrator
a copy of the organization-wide financial and compliance audit report
required under chapter 75 of title 31, United States Code.
`(B) ACCESS TO INFORMATION- The Department and each
recipient of a grant administered by the Department shall provide the
Comptroller General and any officer or employee of the Government
Accountability Office with full access to information regarding the
activities carried out related to any grant administered by the
Department.
`(C) IMPROPER PAYMENTS- Consistent with the
Improper Payments Information Act of 2002 (31 U.S.C. 3321 note), for
each of the grant programs under sections 2003 and 2004 of this title
and section 662 of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 762), the Administrator shall specify policies and
procedures for--
`(i) identifying activities funded under any such grant program that are susceptible to significant improper payments; and
`(ii) reporting any improper payments to the Department.
`(2) AGENCY PROGRAM REVIEW-
`(A) IN GENERAL- Not less than once every 2 years,
the Administrator shall conduct, for each State and high-risk urban
area receiving a grant administered by the Department, a programmatic
and financial review of all grants awarded by the Department to
prevent, prepare for, protect against, or respond to natural disasters,
acts of terrorism, or other man-made disasters, excluding assistance
provided under section 203, title IV, or title V of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133,
5170 et seq., and 5191 et seq.).
`(B) CONTENTS- Each review under subparagraph (A) shall, at a minimum, examine--
`(i) whether the funds awarded were used in
accordance with the law, program guidance, and State homeland security
plans or other applicable plans; and
`(ii) the extent to which funds awarded
enhanced the ability of a grantee to prevent, prepare for, protect
against, and respond to natural disasters, acts of terrorism, and other
man-made disasters.
`(C) AUTHORIZATION OF APPROPRIATIONS- In addition
to any other amounts authorized to be appropriated to the
Administrator, there are authorized to be appropriated to the
Administrator for reviews under this paragraph--
`(i) $8,000,000 for each of fiscal years 2008, 2009, and 2010; and
`(ii) such sums as are necessary for fiscal year 2011, and each fiscal year thereafter.
`(3) OFFICE OF INSPECTOR GENERAL PERFORMANCE AUDITS-
`(A) IN GENERAL- In order to ensure the effective
and appropriate use of grants administered by the Department, the
Inspector General of the Department each year shall conduct audits of a
sample of States and high-risk urban areas that receive grants
administered by the Department to prevent, prepare for, protect
against, or respond to natural disasters, acts of terrorism, or other
man-made disasters, excluding assistance provided under section 203,
title IV, or title V of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et
seq.).
`(B) DETERMINING SAMPLES- The sample selected for audits under subparagraph (A) shall be--
`(i) of an appropriate size to--
`(I) assess the overall integrity of the grant programs described in subparagraph (A); and
`(II) act as a deterrent to financial mismanagement; and
`(ii) selected based on--
`(I) the size of the grants awarded to the recipient;
`(II) the past grant management performance of the recipient;
`(III) concerns identified by the Administrator, including referrals from the Administrator; and
`(IV) such other factors as determined by the Inspector General of the Department.
`(C) COMPREHENSIVE AUDITING- During the 7-year
period beginning on the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, the Inspector
General of the Department shall conduct not fewer than 1 audit of each
State that receives funds under a grant under section 2003 or 2004.
`(D) REPORT BY THE INSPECTOR GENERAL-
`(i) IN GENERAL- The Inspector General of the
Department shall submit to the appropriate committees of Congress an
annual consolidated report regarding the audits completed during the
fiscal year before the date of that report.
`(ii) CONTENTS- Each report submitted under clause (i) shall describe, for the fiscal year before the date of that report--
`(I) the audits conducted under subparagraph (A);
`(II) the findings of the Inspector General with respect to the audits conducted under subparagraph (A);
`(III) whether the funds awarded were used
in accordance with the law, program guidance, and State homeland
security plans and other applicable plans; and
`(IV) the extent to which funds awarded
enhanced the ability of a grantee to prevent, prepare for, protect
against, and respond to natural disasters, acts of terrorism and other
man-made disasters.
`(iii) DEADLINE- For each year, the report required under clause (i) shall be submitted not later than December 31.
`(E) PUBLIC AVAILABILITY ON WEBSITE- The Inspector
General of the Department shall make each audit conducted under
subparagraph (A) available on the website of the Inspector General,
subject to redaction as the Inspector General determines necessary to
protect classified and other sensitive information.
`(F) PROVISION OF INFORMATION TO ADMINISTRATOR- The
Inspector General of the Department shall provide to the Administrator
any findings and recommendations from audits conducted under
subparagraph (A).
`(G) EVALUATION OF GRANTS MANAGEMENT AND OVERSIGHT-
Not later than 1 year after the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, the Inspector
General of the Department shall review and evaluate the grants
management and oversight practices of the Federal Emergency Management
Agency, including assessment of and recommendations relating to--
`(i) the skills, resources, and capabilities of the workforce; and
`(ii) any additional resources and staff necessary to carry out such management and oversight.
`(H) AUTHORIZATION OF APPROPRIATIONS- In addition
to any other amounts authorized to be appropriated to the Inspector
General of the Department, there are authorized to be appropriated to
the Inspector General of the Department for audits under subparagraph
(A)--
`(i) $8,500,000 for each of fiscal years 2008, 2009, and 2010; and
`(ii) such sums as are necessary for fiscal year 2011, and each fiscal year thereafter.
`(4) PERFORMANCE ASSESSMENT- In order to ensure that
States and high-risk urban areas are using grants administered by the
Department appropriately to meet target capabilities and preparedness
priorities, the Administrator shall--
`(A) ensure that any such State or high-risk urban
area conducts or participates in exercises under section 648(b) of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b));
`(B) use performance metrics in accordance with the
comprehensive assessment system under section 649 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 749) and ensure that
any such State or high-risk urban area regularly tests its progress
against such metrics through the exercises required under subparagraph
(A);
`(C) use the remedial action management program
under section 650 of the Post-Katrina Emergency Management Reform Act
of 2006 (6 U.S.C. 750); and
`(D) ensure that each State receiving a grant
administered by the Department submits a report to the Administrator on
its level of preparedness, as required by section 652(c) of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)).
`(5) CONSIDERATION OF ASSESSMENTS- In conducting
program reviews and performance audits under paragraphs (2) and (3),
the Administrator and the Inspector General of the Department shall
take into account the performance assessment elements required under
paragraph (4).
`(6) RECOVERY AUDITS- The Administrator shall conduct a
recovery audit (as that term is defined by the Director of the Office
of Management and Budget under section 3561 of title 31, United States
Code) for any grant administered by the Department with a total value
of not less than $1,000,000, if the Administrator finds that--
`(A) a financial audit has identified improper payments that can be recouped; and
`(B) it is cost effective to conduct a recovery audit to recapture the targeted funds.
`(7) REMEDIES FOR NONCOMPLIANCE-
`(A) IN GENERAL- If, as a result of a review or
audit under this subsection or otherwise, the Administrator finds that
a recipient of a grant under this title has failed to substantially
comply with any provision of law or with any regulations or guidelines
of the Department regarding eligible expenditures, the Administrator
shall--
`(i) reduce the amount of payment of grant
funds to the recipient by an amount equal to the amount of grants funds
that were not properly expended by the recipient;
`(ii) limit the use of grant funds to programs, projects, or activities not affected by the failure to comply;
`(iii) refer the matter to the Inspector General of the Department for further investigation;
`(iv) terminate any payment of grant funds to be made to the recipient; or
`(v) take such other action as the Administrator determines appropriate.
`(B) DURATION OF PENALTY- The Administrator shall
apply an appropriate penalty under subparagraph (A) until such time as
the Administrator determines that the grant recipient is in full
compliance with the law and with applicable guidelines or regulations
of the Department.
`(b) Reports by Grant Recipients-
`(1) QUARTERLY REPORTS ON HOMELAND SECURITY SPENDING-
`(A) IN GENERAL- As a condition of receiving a
grant under section 2003 or 2004, a State, high-risk urban area, or
directly eligible tribe shall, not later than 30 days after the end of
each Federal fiscal quarter, submit to the Administrator a report on
activities performed using grant funds during that fiscal quarter.
`(B) CONTENTS- Each report submitted under
subparagraph (A) shall at a minimum include, for the applicable State,
high-risk urban area, or directly eligible tribe, and each subgrantee
thereof--
`(i) the amount obligated to that recipient under section 2003 or 2004 in that quarter;
`(ii) the amount of funds received and expended under section 2003 or 2004 by that recipient in that quarter; and
`(iii) a summary description of expenditures
made by that recipient using such funds, and the purposes for which
such expenditures were made.
`(C) END-OF-YEAR REPORT- The report submitted under
subparagraph (A) by a State, high-risk urban area, or directly eligible
tribe relating to the last quarter of any fiscal year shall include--
`(i) the amount and date of receipt of all funds received under the grant during that fiscal year;
`(ii) the identity of, and amount provided to, any subgrantee for that grant during that fiscal year;
`(iii) the amount and the dates of
disbursements of all such funds expended in compliance with section
2021(a)(1) or under mutual aid agreements or other sharing arrangements
that apply within the State, high-risk urban area, or directly eligible
tribe, as applicable, during that fiscal year; and
`(iv) how the funds were used by each recipient or subgrantee during that fiscal year.
`(2) ANNUAL REPORT- Any State applying for a grant
under section 2004 shall submit to the Administrator annually a State
preparedness report, as required by section 652(c) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)).
`(c) Reports by the Administrator-
`(1) FEDERAL PREPAREDNESS REPORT- The Administrator
shall submit to the appropriate committees of Congress annually the
Federal Preparedness Report required under section 652(a) of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)).
`(A) IN GENERAL- For each fiscal year, the
Administrator shall provide to the appropriate committees of Congress a
detailed and comprehensive explanation of the methodologies used to
calculate risk and compute the allocation of funds for grants
administered by the Department, including--
`(i) all variables included in the risk assessment and the weights assigned to each such variable;
`(ii) an explanation of how each such variable,
as weighted, correlates to risk, and the basis for concluding there is
such a correlation; and
`(iii) any change in the methodologies from the
previous fiscal year, including changes in variables considered,
weighting of those variables, and computational methods.
`(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.
`(C) DEADLINE- For each fiscal year, the information required under subparagraph (A) shall be provided on the earlier of--
`(ii) 30 days before the issuance of any program guidance for grants administered by the Department.
`(3) TRIBAL FUNDING REPORT- At the end of each fiscal
year, the Administrator shall submit to the appropriate committees of
Congress a report setting forth the amount of funding provided during
that fiscal year to Indian tribes under any grant program administered
by the Department, whether provided directly or through a subgrant from
a State or high-risk urban area.'.
SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.
(a) National Advisory Council- Section 508(b) of the Homeland Security Act of 2002 (6 U.S.C. 318(b)) is amended--
(1) by striking `The National Advisory' the first place that term appears and inserting the following:
`(1) IN GENERAL- The National Advisory'; and
(2) by adding at the end the following:
`(2) CONSULTATION ON GRANTS- 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 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, as appropriate.'.
(b) Evacuation Planning- Section 512(b)(5)(A) of the
Homeland Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is amended by
inserting `, including the elderly' after `needs'.
SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006.
(a) Funding Efficacy- Section 652(a)(2) of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
752(a)(2)) is amended--
(1) in subparagraph (C), by striking `and' at the end;
(2) in subparagraph (D), by striking the period at the end and inserting `; and'; and
(3) by adding at the end the following:
`(E) an evaluation of the extent to which grants
administered by the Department, including grants under title XX of the
Homeland Security Act of 2002--
`(i) have contributed to the progress of State, local, and tribal governments in achieving target capabilities; and
`(ii) have led to the reduction of risk from
natural disasters, acts of terrorism, or other man-made disasters
nationally and in State, local, and tribal jurisdictions.'.
(b) State Preparedness Report- Section 652(c)(2)(D) of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
752(c)(2)(D)) is amended by striking `an assessment of resource needs'
and inserting `a discussion of the extent to which target capabilities
identified in the applicable State homeland security plan and other
applicable plans remain unmet and an assessment of resources needed'.
SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) by redesignating title XVIII, as added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as title XIX;
(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;
(3) in section 1904(a), as so redesignated, by striking `section 1802' and inserting `section 1902';
(4) in section 1906, as so redesignated, by striking
`section 1802(a)' each place that term appears and inserting `section
1902(a)'; and
(5) in the table of contents in section 1(b), 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:
`TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
`Sec. 1901. Domestic Nuclear Detection Office.
`Sec. 1902. Mission of Office.
`Sec. 1903. Hiring authority.
`Sec. 1904. Testing authority.
`Sec. 1905. Relationship to other Department entities and Federal agencies.
`Sec. 1906. Contracting and grant making authorities.
`TITLE XX--HOMELAND SECURITY GRANTS
`Subtitle A--Grants to States and High-Risk Urban Areas
`Sec. 2002. Homeland Security Grant Programs.
`Sec. 2003. Urban Area Security Initiative.
`Sec. 2004. State Homeland Security Grant Program.
`Sec. 2005. Grants to directly eligible tribes.
`Sec. 2006. Terrorism prevention.
`Sec. 2007. Prioritization.
`Sec. 2008. Use of funds.
`Subtitle B--Grants Administration
`Sec. 2021. Administration and coordination.
`Sec. 2022. Accountability.'.
TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS
SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.
Section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 762) is amended to read as follows:
`SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
`(a) Definitions- In this section--
`(1) the term `program' means the emergency management performance grants program described in subsection (b); and
`(2) the term `State' has the meaning given that term
in section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122).
`(b) In General- The Administrator of the Federal Emergency
Management Agency shall continue implementation of an emergency
management performance grants program, to make grants to States to
assist State, local, and tribal governments in preparing for all
hazards, as authorized by the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
`(c) Federal Share- Except as otherwise specifically
provided by title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal share of
the cost of an activity carried out using funds made available under
the program shall not exceed 50 percent.
`(d) Apportionment- For fiscal year 2008, and each fiscal
year thereafter, the Administrator shall apportion the amounts
appropriated to carry out the program among the States as follows:
`(1) BASELINE AMOUNT- The Administrator shall first
apportion 0.25 percent of such amounts to each of American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and the Virgin
Islands and 0.75 percent of such amounts to each of the remaining
States.
`(2) REMAINDER- The Administrator shall apportion the remainder of such amounts in the ratio that--
`(A) the population of each State; bears to
`(B) the population of all States.
`(e) Consistency in Allocation- Notwithstanding subsection
(d), in any fiscal year before fiscal year 2013 in which the
appropriation for grants under this section is equal to or greater than
the appropriation for emergency management performance grants in fiscal
year 2007, no State shall receive an amount under this section for that
fiscal year less than the amount that State received in fiscal year
2007.
`(f) Authorization of Appropriations- There is authorized to be appropriated to carry out the program--
`(1) for fiscal year 2008, $400,000,000;
`(2) for fiscal year 2009, $535,000,000;
`(3) for fiscal year 2010, $680,000,000;
`(4) for fiscal year 2011, $815,000,000; and
`(5) for fiscal year 2012, $950,000,000.'.
SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.
Section 614 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5196c) is amended to read as
follows:
`SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.
`(a) Grants- The Administrator of the Federal Emergency
Management Agency may make grants to States under this title for
equipping, upgrading, and constructing State and local emergency
operations centers.
`(b) Federal Share- Notwithstanding any other provision of
this title, the Federal share of the cost of an activity carried out
using amounts from grants made under this section shall not exceed 75
percent.'.
TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS
SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.
(a) Establishment- Title XVIII of the Homeland Security
Act of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end the
following new section:
`SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.
`(a) Establishment- The Secretary shall establish the
Interoperable Emergency Communications Grant Program to make grants to
States to carry out initiatives to improve local, tribal, statewide,
regional, national and, where appropriate, international interoperable
emergency communications, including communications in collective
response to natural disasters, acts of terrorism, and other man-made
disasters.
`(b) Policy- The Director for Emergency Communications
shall ensure that a grant awarded to a State under this section is
consistent with the policies established pursuant to the
responsibilities and authorities of the Office of Emergency
Communications under this title, including ensuring that activities
funded by the grant--
`(1) comply with the statewide plan for that State
required by section 7303(f) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(f)); and
`(2) comply with the National Emergency Communications Plan under section 1802, when completed.
`(1) IN GENERAL- The Administrator of the Federal
Emergency Management Agency shall administer the Interoperable
Emergency Communications Grant Program pursuant to the responsibilities
and authorities of the Administrator under title V of the Act.
`(2) GUIDANCE- In administering the grant program, the
Administrator shall ensure that the use of grants is consistent with
guidance established by the Director of Emergency Communications
pursuant to section 7303(a)(1)(H) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(1)(H)).
`(d) Use of Funds- A State that receives a grant under this
section shall use the grant to implement that State's Statewide
Interoperability Plan required under section 7303(f) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(f)) and approved under subsection (e), and to assist with
activities determined by the Secretary to be integral to interoperable
emergency communications.
`(1) APPROVAL AS CONDITION OF GRANT- Before a State may
receive a grant under this section, the Director of Emergency
Communications shall approve the State's 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)).
`(2) PLAN REQUIREMENTS- In approving a plan under this
subsection, the Director of Emergency Communications shall ensure that
the plan--
`(A) is designed to improve interoperability at the city, county, regional, State and interstate level;
`(B) considers any applicable local or regional plan; and
`(C) complies, to the maximum extent practicable, with the National Emergency Communications Plan under section 1802.
`(3) APPROVAL OF REVISIONS- The Director of Emergency
Communications may approve revisions to a State's plan if the Director
determines that doing so is likely to further interoperability.
`(f) Limitations on Uses of Funds-
`(1) IN GENERAL- The recipient of a grant under this section may not use the grant--
`(A) to supplant State or local funds;
`(B) for any State or local government cost-sharing contribution; or
`(C) for recreational or social purposes.
`(2) PENALTIES- In addition to other remedies currently
available, the Secretary may take such actions as necessary to ensure
that recipients of grant funds are using the funds for the purpose for
which they were intended.
`(g) Limitations on Award of Grants-
`(1) NATIONAL EMERGENCY COMMUNICATIONS PLAN REQUIRED-
The Secretary may not award a grant under this section before the date
on which the Secretary completes and submits to Congress the National
Emergency Communications Plan required under section 1802.
`(2) VOLUNTARY CONSENSUS STANDARDS- The Secretary may
not award a grant to a State under this section for the purchase of
equipment that does not meet applicable voluntary consensus standards,
unless the State demonstrates that there are compelling reasons for
such purchase.
`(h) Award of Grants- In approving applications and awarding grants under this section, the Secretary shall consider--
`(1) the risk posed to each State by natural disasters, acts of terrorism, or other manmade disasters, including--
`(A) the likely need of a jurisdiction within the State to respond to such risk in nearby jurisdictions;
`(B) the degree of threat, vulnerability, and
consequences related to critical infrastructure (from all critical
infrastructure sectors) or key resources identified by the
Administrator or the State homeland security and emergency management
plans, including threats to, vulnerabilities of, and consequences from
damage to critical infrastructure and key resources in nearby
jurisdictions;
`(C) the size of the population and density of the
population of the State, including appropriate consideration of
military, tourist, and commuter populations;
`(D) whether the State is on or near an international border;
`(E) whether the State encompasses an economically significant border crossing; and
`(F) whether the State has a coastline bordering an
ocean, a major waterway used for interstate commerce, or international
waters; and
`(2) the anticipated effectiveness of the State's proposed use of grant funds to improve interoperability.
`(i) Opportunity to Amend Applications- 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.
`(j) Minimum Grant Amounts-
`(1) STATES- In awarding grants under this section, the
Secretary shall ensure that for each fiscal year, except as provided in
paragraph (2), no State receives a grant in an amount that is less than
the following percentage of the total amount appropriated for grants
under this section for that fiscal year:
`(A) For fiscal year 2008, 0.50 percent.
`(B) For fiscal year 2009, 0.50 percent.
`(C) For fiscal year 2010, 0.45 percent.
`(D) For fiscal year 2011, 0.40 percent.
`(E) For fiscal year 2012 and each subsequent fiscal year, 0.35 percent.
`(2) TERRITORIES AND POSSESSIONS- In awarding grants
under this section, the Secretary shall ensure that for each fiscal
year, American Samoa, the Commonwealth of the Northern Mariana Islands,
Guam, and the Virgin Islands each receive grants in amounts that are
not less than 0.08 percent of the total amount appropriated for grants
under this section for that fiscal year.
`(k) Certification- Each State that receives a grant under
this section shall certify that the grant is used for the purpose for
which the funds were intended and in compliance with the State's
approved Statewide Interoperable Communications Plan.
`(l) State Responsibilities-
`(1) AVAILABILITY OF FUNDS TO LOCAL AND TRIBAL
GOVERNMENTS- Not later than 45 days after receiving grant funds, any
State that receives a grant under this section shall obligate or
otherwise make available to local and tribal governments--
`(A) not less than 80 percent of the grant funds;
`(B) with the consent of local and tribal
governments, eligible expenditures having a value of not less than 80
percent of the amount of the grant; or
`(C) grant funds combined with other eligible
expenditures having a total value of not less than 80 percent of the
amount of the grant.
`(2) ALLOCATION OF FUNDS- A State that receives a grant
under this section shall allocate grant funds to tribal governments in
the State to assist tribal communities in improving interoperable
communications, in a manner consistent with the Statewide Interoperable
Communications Plan. A State may not impose unreasonable or unduly
burdensome requirements on a tribal government as a condition of
providing grant funds or resources to the tribal government.
`(3) PENALTIES- If a State violates the requirements of
this subsection, in addition to other remedies available to the
Secretary, the Secretary may terminate or reduce the amount of the
grant awarded to that State or transfer grant funds previously awarded
to the State directly to the appropriate local or tribal government.
`(1) ANNUAL REPORTS BY STATE GRANT RECIPIENTS- A State
that receives a grant under this section shall annually submit to the
Director of Emergency Communications a report on the progress of the
State in implementing that State's Statewide Interoperable
Communications Plans required under section 7303(f) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)) and
achieving interoperability at the city, county, regional, State, and
interstate levels. The Director shall make the reports publicly
available, including by making them available on the Internet website
of the Office of Emergency Communications, subject to any redactions
that the Director determines are necessary to protect classified or
other sensitive information.
`(2) ANNUAL REPORTS TO CONGRESS- At least once each
year, the Director of Emergency Communications shall submit to Congress
a report on the use of grants awarded under this section and any
progress in implementing Statewide Interoperable Communications Plans
and improving interoperability at the city, county, regional, State,
and interstate level, as a result of the award of such grants.
`(n) Rule of Construction- Nothing in this section shall be
construed or interpreted to preclude a State from using a grant awarded
under this section for interim or long-term Internet Protocol-based
interoperable solutions.
`(o) Authorization of Appropriations- There are authorized to be appropriated for grants under this section--
`(1) for fiscal year 2008, such sums as may be necessary;
`(2) for each of fiscal years 2009 through 2012, $400,000,000; and
`(3) for each subsequent fiscal year, such sums as may be necessary.'.
(b) Clerical Amendment- The table of contents in section
l(b) of such Act is amended by inserting after the item relating to
section 1808 the following:
`Sec. 1809. Interoperable Emergency Communications Grant Program.'.
(c) Interoperable Communications Plans- Section 7303 of the
Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 194)
is amended--
(A) in paragraph (4), by striking `and' at the end;
(B) in paragraph (5), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
`(6) include information on the governance structure
used to develop the plan, including such information about all agencies
and organizations that participated in developing the plan and the
scope and timeframe of the plan; and
`(7) describe the method by which multi-jurisdictional,
multidisciplinary input is provided from all regions of the
jurisdiction, including any high-threat urban areas located in the
jurisdiction, and the process for continuing to incorporate such
input.';
(2) in subsection (g)(1), by striking `or video' and inserting `and video'.
(d) National Emergency Communications Plan- Section 1802(c)
of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--
(1) in paragraph (8), by striking `and' at the end;
(2) in paragraph (9), by striking the period at the end and inserting `; and'; and
(3) by adding at the end the following:
`(10) set a date, including interim benchmarks, as
appropriate, by which State, local, and tribal governments, Federal
departments and agencies, and emergency response providers expect to
achieve a baseline level of national interoperable communications, as
that term is defined under section 7303(g)(1) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1)).'.
SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
(a) In General- Title XVIII of the Homeland Security
Act of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end the
following new section:
`SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
`(1) ESTABLISHMENT- The Secretary, acting through the
Director of the Office of Emergency Communications (referred to in this
section as the `Director'), and in coordination with the Federal
Communications Commission and the Secretary of Commerce, shall
establish an International Border Community Interoperable
Communications Demonstration Project (referred to in this section as
the `demonstration project').
`(2) MINIMUM NUMBER OF COMMUNITIES- The Director shall
select no fewer than 6 communities to participate in a demonstration
project.
`(3) LOCATION OF COMMUNITIES- No fewer than 3 of the
communities selected under paragraph (2) shall be located on the
northern border of the United States and no fewer than 3 of the
communities selected under paragraph (2) shall be located on the
southern border of the United States.
`(b) Conditions- The Director, in coordination with the
Federal Communications Commission and the Secretary of Commerce, shall
ensure that the project is carried out as soon as adequate spectrum is
available as a result of the 800 megahertz rebanding process in border
areas, and shall ensure that the border projects do not impair or
impede the rebanding process, but under no circumstances shall funds be
distributed under this section unless the Federal Communications
Commission and the Secretary of Commerce agree that these conditions
have been met.
`(c) Program Requirements- Consistent with the
responsibilities of the Office of Emergency Communications under
section 1801, the Director shall foster local, tribal, State, and
Federal interoperable emergency communications, as well as
interoperable emergency communications with appropriate Canadian and
Mexican authorities in the communities selected for the demonstration
project. The Director shall--
`(1) identify solutions to facilitate interoperable communications across national borders expeditiously;
`(2) help ensure that emergency response providers can
communicate with each other in the event of natural disasters, acts of
terrorism, and other man-made disasters;
`(3) provide technical assistance to enable emergency
response providers to deal with threats and contingencies in a variety
of environments;
`(4) identify appropriate joint-use equipment to ensure communications access;
`(5) identify solutions to facilitate communications
between emergency response providers in communities of differing
population densities; and
`(6) take other actions or provide equipment as the
Director deems appropriate to foster interoperable emergency
communications.
`(d) Distribution of Funds-
`(1) IN GENERAL- The Secretary shall distribute funds
under this section to each community participating in the demonstration
project through the State, or States, in which each community is
located.
`(2) OTHER PARTICIPANTS- A State shall make the funds
available promptly to the local and tribal governments and emergency
response providers selected by the Secretary to participate in the
demonstration project.
`(3) REPORT- Not later than 90 days after a State
receives funds under this subsection the State shall report to the
Director on the status of the distribution of such funds to local and
tribal governments.
`(e) Maximum Period of Grants- The Director may not fund
any participant under the demonstration project for more than 3 years.
`(f) Transfer of Information and Knowledge- The Director
shall establish mechanisms to ensure that the information and knowledge
gained by participants in the demonstration project are transferred
among the participants and to other interested parties, including other
communities that submitted applications to the participant in the
project.
`(g) Authorization of Appropriations- There is authorized
to be appropriated for grants under this section such sums as may be
necessary.'.
(b) Clerical Amendment- The table of contents in section
1(b) of that Act is amended by inserting after the item relating to
section 1809 the following:
`Sec. 1810. Border interoperability demonstration project.'.
TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM
SEC. 401. DEFINITIONS.
(a) In General- Section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311) is amended--
(1) by redesignating paragraphs (10) and (11) as paragraphs (12) and (13), respectively;
(2) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively;
(3) by inserting after paragraph (3) the following:
`(4) the terms `credentialed' and `credentialing' mean
having provided, or providing, respectively, documentation that
identifies personnel and authenticates and verifies the qualifications
of such personnel by ensuring that such personnel possess a minimum
common level of training, experience, physical and medical fitness, and
capability appropriate for a particular position in accordance with
standards created under section 510;';
(4) by inserting after paragraph (10), as so redesignated, the following:
`(11) the term `resources' means personnel and major
items of equipment, supplies, and facilities available or potentially
available for responding to a natural disaster, act of terrorism, or
other man-made disaster;';
(5) in paragraph (12), as so redesignated, by striking `and' at the end;
(6) in paragraph (13), as so redesignated, by striking the period at the end and inserting `; and'; and
(7) by adding at the end the following:
`(14) the terms `typed' and `typing' mean having
evaluated, or evaluating, respectively, a resource in accordance with
standards created under section 510.'.
(b) Technical and Conforming Amendments- Section 641 of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741) is
amended--
(1) by redesignating paragraphs (2) through (10) as paragraphs (3) through (11), respectively;
(2) by inserting after paragraph (1) the following:
`(2) CREDENTIALED; CREDENTIALING- The terms
`credentialed' and `credentialing' have the meanings given those terms
in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311).';
and
(3) by adding at the end the following:
`(12) RESOURCES- The term `resources' has the meaning
given that term in section 501 of the Homeland Security Act of 2002 (6
U.S.C. 311).
`(13) TYPE- The term `type' means a classification of resources that refers to the capability of a resource.
`(14) TYPED; TYPING- The terms `typed' and `typing'
have the meanings given those terms in section 501 of the Homeland
Security Act of 2002 (6 U.S.C. 311).'.
SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN.
Section 648(b)(2)(A) of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended by
striking clauses (iv) and (v) and inserting the following:
`(iv) designed to provide for the systematic
evaluation of readiness and enhance operational understanding of the
incident command system and relevant mutual aid agreements;
`(v) designed to address the unique requirements of populations with special needs, including the elderly; and
`(vi) designed to promptly develop after-action
reports and plans for quickly incorporating lessons learned into future
operations; and'.
SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.
Section 648(b)(2)(B) of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(B)) is amended by
striking `shall provide' and all that follows through `of exercises'
and inserting the following: `shall include a selection of model
exercises that State, local, and tribal governments can readily adapt
for use and provide assistance to State, local, and tribal governments
with the design, implementation, and evaluation of exercises (whether a
model exercise program or an exercise designed locally)'.
SEC. 404. PREIDENTIFYING AND EVALUATING
MULTIJURISDICTIONAL FACILITIES TO STRENGTHEN INCIDENT COMMAND; PRIVATE
SECTOR PREPAREDNESS.
Section 507(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 317(c)(2)) is amended--
(1) in subparagraph (H) by striking `and' at the end;
(2) by redesignating subparagraph (I) as subparagraph (K); and
(3) by inserting after subparagraph (H) the following:
`(I) coordinating with the private sector to help
ensure private sector preparedness for natural disasters, acts of
terrorism, and other man-made disasters;
`(J) assisting State, local, and tribal
governments, where appropriate, to preidentify and evaluate suitable
sites where a multijurisdictional incident command system may quickly
be established and operated from, if the need for such a system arises;
and'.
SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY.
Section 651 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 751) is amended--
(A) in the matter preceding paragraph (1), by
striking `The inventory' and inserting `For each Federal agency with
responsibilities under the National Response Plan, the inventory';
(B) in paragraph (1), by striking `and' at the end;
(C) by redesignating paragraph (2) as paragraph (4); and
(D) by inserting after paragraph (1) the following:
`(2) a list of personnel credentialed in accordance with section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320);
`(3) a list of resources typed in accordance with section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320); and'; and
(A) in paragraph (1), by striking `capabilities, readiness' and all that follows and inserting the following: `--
`(C) the compatibility of equipment;
`(D) credentialed personnel; and
(B) in paragraph (2), by inserting `of
capabilities, credentialed personnel, and typed resources' after `rapid
deployment'; and
(C) in paragraph (3), by striking `inventories' and inserting `the inventory described in subsection (a)'.
SEC. 406. REPORTING REQUIREMENTS.
Section 652(a)(2) of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 752(a