Chapter XII: Section 510: of the Homeland Security Act of 2002 was redesignated (5)

The Secretary, acting through the Director for Domestic
Nuclear Detection, in carrying out the responsibilities under
paragraphs (6) and (7) of section 1902(a), shall--
(1) operate extramural and intramural programs and
distribute funds through grants, cooperative
agreements, and other transactions and contracts;
(2) ensure that activities under paragraphs (6) and
(7) of section 1902(a) include investigations of
radiation detection equipment in configurations
suitable for deployment at seaports, which may include
underwater or water surface detection equipment and
detection equipment that can be mounted on cranes and
straddle cars used to move shipping containers; and
(3) have the authority to establish or contract
with 1 or more federally funded research and
development centers to provide independent analysis of
homeland security issues and carry out other
responsibilities under this title.

SEC. 1907. [6 U.S.C. 596A] JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL
NUCLEAR DETECTION ARCHITECTURE.

(a) Annual Review.--
(1) In general.--The Secretary, the Attorney
General, the Secretary of State, the Secretary of
Defense, the Secretary of Energy, and the Director of
National Intelligence shall jointly ensure interagency
coordination on the development and implementation of
the global nuclear detection architecture by ensuring
that, not less frequently than once each year--
(A) each relevant agency, office, or
entity--
(i) assesses its involvement,
support, and participation in the
development, revision, and
implementation of the global nuclear
detection architecture; and
(ii) examines and evaluates
components of the global nuclear
detection architecture (including
associated strategies and acquisition
plans) relating to the operations of
that agency, office, or entity, to
determine whether such components
incorporate and address current threat
assessments, scenarios, or intelligence
analyses developed by the Director of
National Intelligence or other agencies
regarding threats relating to nuclear
or radiological weapons of mass
destruction; and
(B) each agency, office, or entity
deploying or operating any nuclear or
radiological detection technology under the
global nuclear detection architecture--
(i) evaluates the deployment and
operation of nuclear or radiological
detection technologies under the global
nuclear detection architecture by that
agency, office, or entity;
(ii) identifies performance
deficiencies and operational or
technical deficiencies in nuclear or
radiological detection technologies
deployed under the global nuclear
detection architecture; and
(iii) assesses the capacity of that
agency, office, or entity to implement
the responsibilities of that agency,
office, or entity under the global
nuclear detection architecture.
(2) Technology.--Not less frequently than once each
year, the Secretary shall examine and evaluate the
development, assessment, and acquisition of radiation
detection technologies deployed or implemented in
support of the domestic portion of the global nuclear
detection architecture.
(b) Annual Report on Joint Interagency Review.--
(1) In general.--Not later than March 31 of each
year, the Secretary, the Attorney General, the
Secretary of State, the Secretary of Defense, the
Secretary of Energy, and the Director of National
Intelligence, shall jointly submit a report regarding
the implementation of this section and the results of
the reviews required under subsection (a) to--
(A) the President;
(B) the Committee on Appropriations, the
Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on
Homeland Security and Governmental Affairs of
the Senate; and
(C) the Committee on Appropriations, the
Committee on Armed Services, the Permanent
Select Committee on Intelligence, the Committee
on Homeland Security, and the Committee on
Science and Technology of the House of
Representatives.
(2) Form.--The annual report submitted under
paragraph (1) shall be submitted in unclassified form
to the maximum extent practicable, but may include a
classified annex.
(c) Definition.--In this section, the term ``global nuclear
detection architecture'' means the global nuclear detection
architecture developed under section 1902.

TITLE XX--HOMELAND SECURITY GRANTS

SEC. 2001. [6 U.S.C. 601] 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.
(F) Dams.
(G) The defense industrial base.
(H) Emergency services.
(I) Energy.
(J) Government facilities.
(K) Information technology.
(L) National monuments and icons.
(M) Postal and shipping.
(N) Public health and health care.
(O) Telecommunications.
(P) Transportation systems.
(Q) Water.
(4) Directly eligible tribe.--The term ``directly
eligible tribe'' means--
(A) any Indian tribe--
(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. [6 U.S.C. 603] 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. [6 U.S.C. 604] 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.
(2) Initial assessment.--
(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.--
(A) Designation.--
(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.
(c) Application.--
(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. [6 U.S.C. 605] 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.
(b) Application.--
(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.
(e) Minimum Allocation.--
(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. [6 U.S.C. 606] 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.
(g) Minimum Allocation.--
(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.
(j) State Obligations.--
(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. [6 U.S.C. 607] 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;
(B) target hardening;
(C) threat recognition;
(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. [6 U.S.C. 608] 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:
(1) Biological.
(2) Chemical.
(3) Cyber.
(4) Explosives.
(5) Incendiary.
(6) Nuclear.
(7) Radiological.
(8) Suicide bombers.
(9) Such other types of threat determined relevant
by the Administrator.

SEC. 2008. [6 U.S.C. 609] USE OF FUNDS.

(a) Permitted Uses.--The Administrator shall permit the
recipient of a grant under section 2003 or 2004 to use grant
funds 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, regardless of
whether such analysts are current or new full-time
employees or contract employees;
(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.
(2) Personnel.--
(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).
(3) Limitations on discretion.--
(A) In general.--With respect to the use of
amounts awarded to a grant recipient under
section 2003 or 2004 for personnel costs in
accordance with paragraph (2) of this
subsection, the Administrator may not--
(i) impose a limit on the amount of
the award that may be used to pay for
personnel, or personnel-related, costs
that is higher or lower than the
percent limit imposed in paragraph
(2)(A); or
(ii) impose any additional
limitation on the portion of the funds
of a recipient that may be used for a
specific type, purpose, or category of
personnel, or personnel-related, costs.
(B) Analysts.--If amounts awarded to a
grant recipient under section 2003 or 2004 are
used for paying salary or benefits of a
qualified intelligence analyst under subsection
(a)(10), the Administrator shall make such
amounts available without time limitations
placed on the period of time that the analyst
can serve under the grant.
(4) Construction.--
(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.
(B) Exceptions.--
(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.
(5) 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. [6 U.S.C. 611] 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.
(2) Composition.--
(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. [6 U.S.C. 612] ACCOUNTABILITY.