S 4 RS
Calendar No. 57
110th CONGRESS
1st Session
S. 4
To make the United States more secure by implementing unfinished recommendations of the 9/11 Commission to fight the war on terror more effectively, to improve homeland security, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 4, 2007
Mr. REID (for himself, Mr. LIEBERMAN, Ms. COLLINS, Mr. LEAHY, Mr. SCHUMER, Ms. CANTWELL, Mr. LAUTENBERG, Ms. STABENOW, Mr. WEBB, Mr. MENENDEZ, Ms. LANDRIEU, Mrs. BOXER, Mr. DORGAN, Mr. BROWN, Ms. KLOBUCHAR, and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
February 23, 2007
Reported under authority of the order of the Senate of February 17, 2007, by Mr. LIEBERMAN, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To make the United States more secure by implementing unfinished recommendations of the 9/11 Commission to fight the war on terror more effectively, to improve homeland security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]
[Struck out->] This Act may be cited as the `Improving America's Security by Implementing Unfinished Recommendations of the 9/11 Commission Act of 2007'. [<-Struck out]
[Struck out->] SEC. 2. SENSE OF CONGRESS. [<-Struck out]
[Struck out->] It is the sense of Congress that Congress should enact, and the President should sign, legislation to make the United States more secure by implementing unfinished recommendations of the 9/11 Commission to fight the war on terror more effectively and to improve homeland security. [<-Struck out]
SECTION 1. SHORT TITLE.
This Act may be cited as the `Improving America's Security Act of 2007'.
SEC. 2. DEFINITIONS.
(1) DEPARTMENT- The term `Department' means the Department of Homeland Security.
(2) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.
SEC. 3. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 3. Table of contents.
TITLE I--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
Subtitle A--Homeland Security Information Sharing Enhancement
Sec. 111. Homeland Security Advisory System and information sharing.
Sec. 112. Information sharing.
Sec. 113. Intelligence training development for State and local government officials.
Sec. 114. Information sharing incentives.
Subtitle B--Homeland Security Information Sharing Partnerships
Sec. 121. State, Local, and Regional Fusion Center Initiative.
Sec. 122. Homeland Security Information Sharing Fellows Program.
Subtitle C--Interagency Threat Assessment and Coordination Group
Sec. 131. Interagency Threat Assessment and Coordination Group.
TITLE II--HOMELAND SECURITY GRANTS
Sec. 202. Homeland Security Grant Program.
Sec. 203. Technical and conforming amendments.
TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY
Sec. 301. Dedicated funding to achieve emergency communications operability and interoperable communications.
Sec. 302. Border Interoperability Demonstration Project.
TITLE IV--ENHANCING SECURITY OF INTERNATIONAL TRAVEL
Sec. 401. Modernization of the visa waiver program.
Sec. 402. Strengthening the capabilities of the Human Smuggling and Trafficking Center.
Sec. 403. Enhancements to the Terrorist Travel Program.
Sec. 404. Enhanced driver's license.
Sec. 405. Western Hemisphere Travel Initiative.
TITLE V--PRIVACY AND CIVIL LIBERTIES MATTERS
Sec. 501. Modification of authorities relating to Privacy and Civil Liberties Oversight Board.
Sec. 502. Privacy and civil liberties officers.
Sec. 503. Department Privacy Officer.
Sec. 504. Federal Agency Data Mining Reporting Act of 2007.
TITLE VI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 601. National Biosurveillance Integration Center.
Sec. 602. Biosurveillance efforts.
Sec. 603. Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction.
TITLE VII--PRIVATE SECTOR PREPAREDNESS
Sec. 702. Responsibilities of the private sector office of the Department.
Sec. 703. Voluntary national preparedness standards compliance; accreditation and certification program for the private sector.
Sec. 704. Sense of Congress regarding promoting an international standard for private sector preparedness.
Sec. 705. Report to Congress.
Sec. 706. Rule of construction.
TITLE VIII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
Sec. 801. Transportation security strategic planning.
Sec. 802. Transportation security information sharing.
Sec. 803. Transportation Security Administration personnel management.
TITLE IX--INCIDENT COMMAND SYSTEM
Sec. 901. Preidentifying and evaluating multijurisdictional facilities to strengthen incident command; private sector preparedness.
Sec. 902. Credentialing and typing to strengthen incident command.
TITLE X--CRITICAL INFRASTRUCTURE PROTECTION
Sec. 1001. Critical infrastructure protection.
Sec. 1002. Risk assessment and report.
Sec. 1003. Use of existing capabilities.
TITLE XI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE
Sec. 1101. Availability to public of certain intelligence funding information.
Sec. 1102. Response of intelligence community to requests from Congress.
Sec. 1103. Public Interest Declassification Board.
TITLE XII--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES
Sec. 1201. Promoting antiterrorism capabilities through international cooperation.
Sec. 1202. Transparency of funds.
TITLE XIII--MISCELLANEOUS PROVISIONS
Sec. 1301. Deputy Secretary of Homeland Secretary for Management.
Sec. 1302. Sense of the Senate regarding combating domestic radicalization.
Sec. 1303. Sense of the Senate regarding oversight of homeland security.
Sec. 1304. Report regarding border security.
TITLE I--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
Subtitle A--Homeland Security Information Sharing Enhancement
SEC. 111. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION SHARING.
(a) Advisory System and Information Sharing-
(1) IN GENERAL- Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following:
`SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
`(a) Requirement- The Secretary shall administer the Homeland Security Advisory System in accordance with this section to provide warnings regarding the risk of terrorist attacks on the homeland to Federal, State, local, and tribal government authorities and to the people of the United States, as appropriate. The Secretary shall exercise primary responsibility for providing such warnings.
`(b) Required Elements- In administering the Homeland Security Advisory System, the Secretary shall--
`(1) establish criteria for the issuance and revocation of such warnings;
`(2) develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation of such warnings;
`(3) provide, in each such warning, specific information and advice regarding appropriate protective measures and countermeasures that may be taken in response to that risk, at the maximum level of detail practicable to enable individuals, government entities, emergency response providers, and the private sector to act appropriately; and
`(4) whenever possible, limit the scope of each such warning to a specific region, locality, or economic sector believed to be at risk.
`SEC. 204. HOMELAND SECURITY INFORMATION SHARING.
`(a) Information Sharing- Consistent with section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary shall integrate and standardize the information of the intelligence components of the Department, except for any internal protocols of such intelligence components, to be administered by the Chief Intelligence Officer.
`(b) Information Sharing and Knowledge Management Officers- For each intelligence component of the Department, the Secretary shall designate an information sharing and knowledge management officer who shall report to the Chief Intelligence Officer regarding coordinating the different systems used in the Department to gather and disseminate homeland security information.
`(c) State, Local, and Private-Sector Sources of Information-
`(1) ESTABLISHMENT OF BUSINESS PROCESSES- The Chief Intelligence Officer shall--
`(A) establish Department-wide procedures for the review and analysis of information gathered from sources in State, local, and tribal government and the private sector;
`(B) as appropriate, integrate such information into the information gathered by the Department and other departments and agencies of the Federal Government; and
`(C) make available such information, as appropriate, within the Department and to other departments and agencies of the Federal Government.
`(2) FEEDBACK- The Secretary shall develop mechanisms to provide feedback regarding the analysis and utility of information provided by any entity of State, local, or tribal government or the private sector that gathers information and provides such information to the Department.
`(d) Training and Evaluation of Employees-
`(1) TRAINING- The Chief Intelligence Officer shall provide to employees of the Department opportunities for training and education to develop an understanding of--
`(A) the definition of homeland security information; and
`(B) how information available to such employees as part of their duties--
`(i) might qualify as homeland security information; and
`(ii) might be relevant to the intelligence components of the Department.
`(2) EVALUATIONS- The Chief Intelligence Officer shall--
`(A) on an ongoing basis, evaluate how employees of the Office of Intelligence and Analysis and the intelligence components of the Department are utilizing homeland security information, sharing information within the Department, as described in this subtitle, and participating in the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
`(B) provide a report regarding any evaluation under subparagraph (A) to the appropriate component heads.
`SEC. 205. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.
`All activities to comply with sections 203 and 204 shall be--
`(1) implemented in coordination with the program manager for the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
`(2) consistent with and support the establishment of that environment, and any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager for the implementation and management of that environment.'.
(2) TECHNICAL AND CONFORMING AMENDMENTS-
(A) IN GENERAL- Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended--
(i) by striking paragraph (7); and
(ii) by redesignating paragraphs (8) through (19) as paragraphs (7) through (18), respectively.
(B) TABLE OF CONTENTS- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 202 the following:
`Sec. 203. Homeland Security Advisory System.
`Sec. 204. Homeland Security Information Sharing.
`Sec. 205. Coordination with information sharing environment.'.
(b) Intelligence Component Defined-
(1) IN GENERAL- Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended--
(A) by redesignating paragraphs (9) through (16) as paragraphs (10) through (17), respectively; and
(B) by inserting after paragraph (8) the following:
`(9) The term `intelligence component of the Department' means any directorate, agency, or other element or entity of the Department that gathers, receives, analyzes, produces, or disseminates homeland security information.'.
(2) TECHNICAL AND CONFORMING AMENDMENTS-
(A) HOMELAND SECURITY ACT OF 2002- Section 501(11) of the Homeland Security Act of 2002 (6 U.S.C. 311(11)) is amended by striking `section 2(10)(B)' and inserting `section 2(11)(B)'.
(B) OTHER LAW- Section 712(a) of title 14, United States Code, is amended by striking `section 2(15) of the Homeland Security Act of 2002 (6 U.S.C. 101(15))' and inserting `section 2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16))'.
(c) Responsibilities of the Under Secretary for Information Analysis and Infrastructure Protection- Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended--
(1) in paragraph (1), by inserting `, in support of the mission responsibilities of the Department and consistent with the functions of the National Counterterrorism Center established under section 119 of the National Security Act of 1947 (50 U.S.C. 50 U.S.C. 404o),' after `and to integrate such information'; and
(2) by striking paragraph (7), as redesignated by subsection (a)(2)(A) of this section, and inserting the following:
`(7) To review, analyze, and make recommendations for improvements in the policies and procedures governing the sharing of intelligence information, intelligence-related information, and other information relating to homeland security within the Federal Government and among the Federal Government and State, local, and tribal government agencies and authorities, consistent with the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) and any policies, guidelines, procedures, instructions or standards established by the President or, as appropriate, the program manager for the implementation and management of that environment.'.
SEC. 112. INFORMATION SHARING.
Section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485) is amended--
(A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;
(B) by inserting before paragraph (2), as so redesignated, the following:
`(1) HOMELAND SECURITY INFORMATION- The term `homeland security information' has the meaning given that term in section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482).';
(C) in paragraph (5), as so redesignated--
(i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margin accordingly;
(ii) by striking `terrorism information' means' and inserting the following: `terrorism information'--
(iii) in subparagraph (A)(iv), as so redesignated, by striking the period at the end and inserting `; and'; and
(iv) by adding at the end the following:
`(B) includes homeland security information and weapons of mass destruction information.'; and
(D) by adding at the end the following:
`(6) WEAPONS OF MASS DESTRUCTION INFORMATION- The term `weapons of mass destruction information' means information that could reasonably be expected to assist in the development, proliferation, or use of a weapon of mass destruction (including chemical, biological, radiological, and nuclear weapons) that could be used by a terrorist or a terrorist organization against the United States, including information about the location of any stockpile of nuclear materials that could be exploited for use in such a weapon that could be used by a terrorist or a terrorist organization against the United States.';
(2) in subsection (b)(2)--
(A) in subparagraph (H), by striking `and' at the end;
(B) in subparagraph (I), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
`(J) integrates the information within the scope of the information sharing environment, including any such information in legacy technologies;
`(K) integrates technologies, including all legacy technologies, through Internet-based services;
`(L) allows the full range of analytic and operational activities without the need to centralize information within the scope of the information sharing environment;
`(M) permits analysts to collaborate both independently and in a group (commonly known as `collective and noncollective collaboration'), and across multiple levels of national security information and controlled unclassified information;
`(N) provides a resolution process that enables changes by authorized officials regarding rules and policies for the access, use, and retention of information within the scope of the information sharing environment; and
`(O) incorporates continuous, real-time, and immutable audit capabilities, to the maximum extent practicable.';
(i) by striking `during the two-year period beginning on the date of designation under this paragraph unless sooner' and inserting `until'; and
(ii) by striking `The program manager shall have and exercise governmentwide authority.' and inserting `Except as otherwise expressly provided by law, the program manager, in consultation with the head of any affected department or agency, shall have and exercise governmentwide authority over the sharing of information within the scope of the information sharing environment by all Federal departments, agencies, and components, irrespective of the Federal department, agency, or component in which the program manager may be administratively located.'; and
(B) in paragraph (2)(A)--
(i) by redesignating clause (iii) as clause (v); and
(ii) by striking clause (ii) and inserting the following:
`(ii) assist in the development of policies, as appropriate, to foster the development and proper operation of the ISE;
`(iii) issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper operation of the ISE;
`(iv) identify and resolve information sharing disputes between Federal departments, agencies, and components; and';
(A) in paragraph (1), by striking `during the two-year period beginning on the date of the initial designation of the program manager by the President under subsection (f)(1), unless sooner' and inserting `until';
(i) in subparagraph (F), by striking `and' at the end;
(ii) by redesignating subparagraph (G) as subparagraph (I); and
(iii) by inserting after subparagraph (F) the following:
`(G) assist the program manager in identifying and resolving information sharing disputes between Federal departments, agencies, and components;
`(H) identify appropriate personnel for assignment to the program manager to support staffing needs identified by the program manager; and';
(C) in paragraph (4), by inserting `(including any subsidiary group of the Information Sharing Council)' before `shall not be subject'; and
(D) by adding at the end the following:
`(5) DETAILEES- Upon a request by the Director of National Intelligence, the departments and agencies represented on the Information Sharing Council shall detail to the program manager, on a reimbursable basis, appropriate personnel identified under paragraph (2)(H).';
(5) in subsection (h)(1), by striking `and annually thereafter' and inserting `and not later than June 30 of each year thereafter'; and
(6) by striking subsection (j) and inserting the following:
`(j) Report on the Information Sharing Environment-
`(1) IN GENERAL- Not later than 180 days after the date of enactment of the Improving America's Security Act of 2007, the President shall report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Homeland Security of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives on the feasibility of--
`(A) eliminating the use of any marking or process (including `Originator Control') intended to, or having the effect of, restricting the sharing of information within the scope of the information sharing environment between and among participants in the information sharing environment, unless the President has--
`(i) specifically exempted categories of information from such elimination; and
`(ii) reported that exemption to the committees of Congress described in the matter preceding this subparagraph; and
`(B) continuing to use Federal agency standards in effect on such date of enactment for the collection, sharing, and access to information within the scope of the information sharing environment relating to citizens and lawful permanent residents;
`(C) replacing the standards described in subparagraph (B) with a standard that would allow mission-based or threat-based permission to access or share information within the scope of the information sharing environment for a particular purpose that the Federal Government, through an appropriate process, has determined to be lawfully permissible for a particular agency, component, or employee (commonly known as an `authorized use' standard); and
`(D) the use of anonymized data by Federal departments, agencies, or components collecting, possessing, disseminating, or handling information within the scope of the information sharing environment, in any cases in which--
`(i) the use of such information is reasonably expected to produce results materially equivalent to the use of information that is transferred or stored in a non-anonymized form; and
`(ii) such use is consistent with any mission of that department, agency, or component (including any mission under a Federal statute or directive of the President) that involves the storage, retention, sharing, or exchange of personally identifiable information.
`(2) DEFINITION- In this subsection, the term `anonymized data' means data in which the individual to whom the data pertains is not identifiable with reasonable efforts, including information that has been encrypted or hidden through the use of other technology.
`(k) Additional Positions- The program manager is authorized to hire not more than 40 full-time employees to assist the program manager in--
`(1) identifying and resolving information sharing disputes between Federal departments, agencies, and components under subsection (f)(2)(A)(iv); and
`(2) other activities associated with the implementation of the information sharing environment, including--
`(A) implementing the requirements under subsection (b)(2); and
`(B) any additional implementation initiatives to enhance and expedite the creation of the information sharing environment.
`(l) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2008 and 2009.'.
SEC. 113. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL GOVERNMENT OFFICIALS.
(a) Curriculum- The Secretary, acting through the Chief Intelligence Officer, shall develop curriculum for the training of State, local, and tribal government officials relating to the handling, review, and development of intelligence material.
(b) Training- To the extent possible, the Federal Law Enforcement Training Center and other existing Federal entities with the capacity and expertise to train State, local, and tribal government officials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created under this section. If such entities do not have the capacity, resources, or capabilities to conduct such training, the Secretary may approve another entity to conduct the training.
(c) Consultation- In carrying out the duties described in subsection (a), the Chief Intelligence Officer shall consult with the Director of the Federal Law Enforcement Training Center, the Attorney General, the Director of National Intelligence, the Administrator of the Federal Emergency Management Agency, and other appropriate parties, such as private industry, institutions of higher education, nonprofit institutions, and other intelligence agencies of the Federal Government.
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.
SEC. 114. INFORMATION SHARING INCENTIVES.
(a) Awards- In making cash awards under chapter 45 of title 5, United States Code, the President or the head of an agency, in consultation with the program manager designated under section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), may consider the success of an employee in sharing information within the scope of the information sharing environment established under that section in a manner consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of that environment for the implementation and management of that environment.
(b) Other Incentives- The head of each department or agency described in section 1016(i) of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation with the program manager designated under section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), shall adopt best practices regarding effective ways to educate and motivate officers and employees of the Federal Government to engage in the information sharing environment, including--
(1) promotions and other nonmonetary awards; and
(2) publicizing information sharing accomplishments by individual employees and, where appropriate, the tangible end benefits that resulted.
Subtitle B--Homeland Security Information Sharing Partnerships
SEC. 121. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.
(a) In General- Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by this Act, is amended by adding at the end the following:
`SEC. 206. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.
`(a) Definitions- In this section--
`(1) the term `Chief Intelligence Officer' means the Chief Intelligence Officer of the Department;
`(2) the term `fusion center' means a collaborative effort of 2 or more Federal, State, local, or tribal government agencies that combines resources, expertise, or information with the goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity;
`(3) the term `information sharing environment' means the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);
`(4) the term `intelligence analyst' means an individual who regularly advises, administers, supervises, or performs work in the collection, analysis, evaluation, reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific, or military conditions, trends, or forces in foreign or domestic areas that directly or indirectly affect national security;
`(5) the term `intelligence-led policing' means the collection and analysis of information to produce an intelligence end product designed to inform law enforcement decision making at the tactical and strategic levels; and
`(6) the term `terrorism information' has the meaning given that term in section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485).
`(b) Establishment- The Secretary, in consultation with the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), the Attorney General, the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a State, Local, and Regional Fusion Center Initiative to establish partnerships with State, local, and regional fusion centers.
`(c) Department Support and Coordination- Through the State, Local, and Regional Fusion Center Initiative, the Secretary shall--
`(1) coordinate with the principal officer of each State, local, or regional fusion center and the officer designated as the Homeland Security Advisor of the State;
`(2) provide operational and intelligence advice and assistance to State, local, and regional fusion centers;
`(3) support efforts to include State, local, and regional fusion centers into efforts to establish an information sharing environment;
`(4) conduct exercises, including live training exercises, to regularly assess the capability of individual and regional networks of State, local, and regional fusion centers to integrate the efforts of such networks with the efforts of the Department;
`(5) coordinate with other relevant Federal entities engaged in homeland security-related activities;
`(6) provide analytic and reporting advice and assistance to State, local, and regional fusion centers;
`(7) review homeland security information gathered by State, local, and regional fusion centers and incorporate relevant information with homeland security information of the Department;
`(8) provide management assistance to State, local, and regional fusion centers;
`(9) serve as a point of contact to ensure the dissemination of relevant homeland security information;
`(10) facilitate close communication and coordination between State, local, and regional fusion centers and the Department;
`(11) provide State, local, and regional fusion centers with expertise on Department resources and operations;
`(12) provide training to State, local, and regional fusion centers and encourage such fusion centers to participate in terrorist threat-related exercises conducted by the Department; and
`(13) carry out such other duties as the Secretary determines are appropriate.
`(d) Personnel Assignment-
`(1) IN GENERAL- The Chief Intelligence Officer may, to the maximum extent practicable, assign officers and intelligence analysts from components of the Department to State, local, and regional fusion centers.
`(2) PERSONNEL SOURCES- Officers and intelligence analysts assigned to fusion centers under this subsection may be assigned from the following Department components, in consultation with the respective component head:
`(A) Office of Intelligence and Analysis, or its successor.
`(B) Office of Infrastructure Protection.
`(C) Transportation Security Administration.
`(D) United States Customs and Border Protection.
`(E) United States Immigration and Customs Enforcement.
`(F) United States Coast Guard.
`(G) Other intelligence components of the Department, as determined by the Secretary.
`(A) IN GENERAL- The Secretary may develop qualifying criteria for a fusion center to participate in the assigning of Department officers or intelligence analysts under this section.
`(B) CRITERIA- Any criteria developed under subparagraph (A) may include--
`(i) whether the fusion center, through its mission and governance structure, focuses on a broad counterterrorism approach, and whether that broad approach is pervasive through all levels of the organization;
`(ii) whether the fusion center has sufficient numbers of adequately trained personnel to support a broad counterterrorism mission;
`(iii) whether the fusion center has--
`(I) access to relevant law enforcement, emergency response, private sector, open source, and national security data; and
`(II) the ability to share and analytically exploit that data for authorized purposes;
`(iv) whether the fusion center is adequately funded by the State, local, or regional government to support its counterterrorism mission; and
`(v) the relevancy of the mission of the fusion center to the particular source component of Department officers or intelligence analysts.
`(A) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL LIBERTIES TRAINING- Before being assigned to a fusion center under this section, an officer or intelligence analyst shall undergo--
`(i) appropriate intelligence analysis or information sharing training using an intelligence-led policing curriculum that is consistent with--
`(I) standard training and education programs offered to Department law enforcement and intelligence personnel; and
`(II) the Criminal Intelligence Systems Operating Policies under part 23 of title 28, Code of Federal Regulations (or any corresponding similar regulation or ruling);
`(ii) appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer appointed under section 222 and the Officer for Civil Rights and Civil Liberties of the Department, in partnership with the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note); and
`(iii) such other training prescribed by the Chief Intelligence Officer.
`(B) PRIOR WORK EXPERIENCE IN AREA- In determining the eligibility of an officer or intelligence analyst to be assigned to a fusion center under this section, the Chief Intelligence Officer shall consider the familiarity of the officer or intelligence analyst with the State, locality, or region, as determined by such factors as whether the officer or intelligence analyst--
`(i) has been previously assigned in the geographic area; or
`(ii) has previously worked with intelligence officials or emergency response providers from that State, locality, or region.
`(5) EXPEDITED SECURITY CLEARANCE PROCESSING- The Chief Intelligence Officer--
`(A) shall ensure that each officer or intelligence analyst assigned to a fusion center under this section has the appropriate clearance to contribute effectively to the mission of the fusion center; and
`(B) may request that security clearance processing be expedited for each such officer or intelligence analyst.
`(6) FURTHER QUALIFICATIONS- Each officer or intelligence analyst assigned to a fusion center under this section shall satisfy any other qualifications the Chief Intelligence Officer may prescribe.
`(e) Responsibilities- An officer or intelligence analyst assigned to a fusion center under this section shall--
`(1) assist law enforcement agencies and other emergency response providers of State, local, and tribal governments and fusion center personnel in using Federal homeland security information to develop a comprehensive and accurate threat picture;
`(2) review homeland security-relevant information from law enforcement agencies and other emergency response providers of State, local, and tribal government;
`(3) create intelligence and other information products derived from such information and other homeland security-relevant information provided by the Department;
`(4) assist in the dissemination of such products, under the coordination of the Chief Intelligence Officer, to law enforcement agencies and other emergency response providers of State, local, and tribal government; and
`(5) assist in the dissemination of such products to the Chief Intelligence Officer for collection and dissemination to other fusion centers.
`(f) Database Access- In order to fulfill the objectives described under subsection (e), each officer or intelligence analyst assigned to a fusion center under this section shall have direct access to all relevant Federal databases and information systems, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment for the implementation and management of that environment.
`(1) IN GENERAL- The Secretary shall create a mechanism for any State, local, or tribal emergency response provider who is a consumer of the intelligence or other information products described under subsection (e) to voluntarily provide feedback to the Department on the quality and utility of such intelligence products.
`(2) RESULTS- The results of the voluntary feedback under paragraph (1) shall be provided electronically to Congress and appropriate personnel of the Department.
`(h) Rule of Construction-
`(1) IN GENERAL- The authorities granted under this section shall supplement the authorities granted under section 201(d) and nothing in this section shall be construed to abrogate the authorities granted under section 201(d).
`(2) PARTICIPATION- Nothing in this section shall be construed to require a State, local, or regional government or entity to accept the assignment of officers or intelligence analysts of the Department into the fusion center of that State, locality, or region.
`(i) Guidelines- The Secretary, in consultation with the Attorney General of the United States, shall establish guidelines for fusion centers operated by State and local governments, to include standards that any such fusion center shall--
`(1) collaboratively develop a mission statement, identify expectations and goals, measure performance, and determine effectiveness for that fusion center;
`(2) create a representative governance structure that includes emergency response providers and, as appropriate, the private sector;
`(3) create a collaborative environment for the sharing of information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) among Federal, State, tribal, and local emergency response providers, the private sector, and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment;
`(4) leverage the databases, systems, and networks available from public and private sector entities to maximize information sharing;
`(5) develop, publish, and adhere to a privacy and civil liberties policy consistent with Federal, State, and local law;
`(6) ensure appropriate security measures are in place for the facility, data, and personnel;
`(7) select and train personnel based on the needs, mission, goals, and functions of that fusion center; and
`(8) offer a variety of intelligence services and products to recipients of fusion center intelligence and information.
`(j) Authorization of Appropriations- Except for subsection (i), there are authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012, to carry out this section, including for hiring officers and intelligence analysts to replace officers and intelligence analysts who are assigned to fusion centers under this section.'.
(b) Technical and Conforming Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 205, as added by this Act, the following:
`Sec. 206. State, Local, and Regional Information Fusion Center Initiative.'.
(1) CONCEPT OF OPERATIONS- Not later than 90 days after the date of enactment of this Act and before the State, Local, and Regional Fusion Center Initiative under section 206 of the Homeland Security Act of 2002, as added by subsection (a), (in this section referred to as the `program') has been implemented, the Secretary, in consultation with the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that contains a concept of operations for the program, which shall--
(A) include a clear articulation of the purposes, goals, and specific objectives for which the program is being developed;
(B) identify stakeholders in the program and provide an assessment of their needs;
(C) contain a developed set of quantitative metrics to measure, to the extent possible, program output;
(D) contain a developed set of qualitative instruments (including surveys and expert interviews) to assess the extent to which stakeholders believe their needs are being met; and
(E) include a privacy and civil liberties impact assessment.
(2) PRIVACY AND CIVIL LIBERTIES- Not later than 1 year after the date on which the program is implemented, the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), in consultation with the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, shall submit to Congress, the Secretary, and the Chief Intelligence Officer of the Department a report on the privacy and civil liberties impact of the program.
SEC. 122. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
(a) Establishment of Program- Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by this Act, is amended by adding at the end the following:
`SEC. 207. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
`(1) IN GENERAL- The Secretary, acting through the Chief Intelligence Officer, and in consultation with the Chief Human Capital Officer, shall establish a fellowship program in accordance with this section for the purpose of--
`(A) detailing State, local, and tribal law enforcement officers and intelligence analysts to the Department in accordance with subchapter VI of chapter 33 of title 5, United States Code, to participate in the work of the Office of Intelligence and Analysis in order to become familiar with--
`(i) the relevant missions and capabilities of the Department and other Federal agencies; and
`(ii) the role, programs, products, and personnel of the Office of Intelligence and Analysis; and
`(B) promoting information sharing between the Department and State, local, and tribal law enforcement officers and intelligence analysts by assigning such officers and analysts to--
`(i) serve as a point of contact in the Department to assist in the representation of State, local, and tribal homeland security information needs;
`(ii) identify homeland security information of interest to State, local, and tribal law enforcement officers, emergency response providers, and intelligence analysts; and
`(iii) assist Department analysts in preparing and disseminating terrorism-related products that are tailored to State, local, and tribal emergency response providers, law enforcement officers, and intelligence analysts and designed to prepare for and thwart terrorist attacks.
`(2) PROGRAM NAME- The program under this section shall be known as the `Homeland Security Information Sharing Fellows Program'.
`(1) IN GENERAL- In order to be eligible for selection as an Information Sharing Fellow under the program under this section, an individual shall--
`(A) have homeland security-related responsibilities;
`(B) be eligible for an appropriate national security clearance;
`(C) possess a valid need for access to classified information, as determined by the Chief Intelligence Officer;
`(D) be an employee of an eligible entity; and
`(E) have undergone appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer and the Officer for Civil Rights and Civil Liberties, in partnership with the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note).
`(2) ELIGIBLE ENTITIES- In this subsection, the term `eligible entity' means--
`(A) a State, local, or regional fusion center;
`(B) a State or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the Secretary;
`(C) a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary;
`(D) a tribal law enforcement or other authority; or
`(E) such other entity as the Secretary determines is appropriate.
`(c) Optional Participation- No State, local, or tribal law enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program.
`(d) Procedures for Nomination and Selection-
`(1) IN GENERAL- The Chief Intelligence Officer shall establish procedures to provide for the nomination and selection of individuals to participate in the Homeland Security Information Sharing Fellows Program.
`(2) LIMITATIONS- The Chief Intelligence Officer shall--
`(A) select law enforcement officers and intelligence analysts representing a broad cross-section of State, local, and tribal agencies; and
`(B) ensure that the number of Information Sharing Fellows selected does not impede the activities of the Office of Intelligence and Analysis.
`(e) Definitions- In this section--
`(1) the term `Chief Intelligence Officer' means the Chief Intelligence Officer of the Department; and
`(2) the term `Office of Intelligence and Analysis' means the office of the Chief Intelligence Officer.'.
(b) Technical and Conforming Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 206, as added by this Act, the following:
`Sec. 207. Homeland Security Information Sharing Fellows Program.'.
(1) CONCEPT OF OPERATIONS- Not later than 90 days after the date of enactment of this Act, and before the implementation of the Homeland Security Information Sharing Fellows Program under section 207 of the Homeland Security Act of 2002, as added by subsection (a), (in this section referred to as the `Program') the Secretary, in consultation with the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that contains a concept of operations for the Program, which shall include a privacy and civil liberties impact assessment.
(2) REVIEW OF PRIVACY IMPACT- Not later than 1 year after the date on which the Program is implemented, the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), in consultation with the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, shall submit to Congress, the Secretary, and the Chief Intelligence Officer of the Department a report on the privacy and civil liberties impact of the Program.
Subtitle C--Interagency Threat Assessment and Coordination Group
SEC. 131. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.
(a) In General- As part of efforts to establish the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the program manager shall oversee and coordinate the creation and ongoing operation of an Interagency Threat Assessment and Coordination Group (in this section referred to as the `ITACG').
(b) Responsibilities- The ITACG shall facilitate the production of federally coordinated products derived from information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) and intended for distribution to State, local, and tribal government officials and the private sector.
(1) IN GENERAL- The ITACG shall be located at the facilities of the National Counterterrorism Center of the Office of the Director of National Intelligence.
(A) IN GENERAL- The Secretary shall assign a senior level officer to manage and direct the administration of the ITACG.
(B) DISTRIBUTION- The Secretary, in consultation with the Attorney General and the heads of other agencies, as appropriate, shall determine how specific products shall be distributed to State, local, and tribal officials and private sector partners under this section.
(C) STANDARDS FOR ADMISSION- The Secretary, acting through the Chief Intelligence Officer and in consultation with the Director of National Intelligence, the Attorney General, and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), shall establish standards for the admission of law enforcement and intelligence officials from a State, local, or tribal government into the ITACG.
(1) IN GENERAL- The ITACG shall include representatives of--
(B) the Federal Bureau of Investigation;
(C) the Department of Defense;
(D) the Department of Energy;
(E) law enforcement and intelligence officials from State, local, and tribal governments, as appropriate; and
(F) other Federal entities as appropriate.
(2) CRITERIA- The program manager for the information sharing environment, in consultation with the Secretary of Defense, the Secretary, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation shall develop qualifying criteria and establish procedures for selecting personnel assigned to the ITACG and for the proper handling and safeguarding of information related to terrorism.
(e) Inapplicability of the Federal Advisory Committee Act- The ITACG and any subsidiary groups thereof shall not be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.).
TITLE II--HOMELAND SECURITY GRANTS
SEC. 201. SHORT TITLE.
This title may be cited as the `Homeland Security Grant Enhancement Act of 2007'.
SEC. 202. HOMELAND SECURITY GRANT PROGRAM.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following:
`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) COMBINED STATISTICAL AREA- The term `combined statistical area' means a combined statistical area, as defined by the Office of Management and Budget.
`(3) DIRECTLY ELIGIBLE TRIBE- The term `directly eligible tribe' means--
`(A) any Indian tribe that--
`(i) is located in the continental United States;
`(ii) operates a law enforcement or emergency response agency with the capacity to respond to calls for law enforcement or emergency services;
`(I) on, or within 50 miles of, an international border or a coastline bordering an ocean or international waters;
`(II) within 10 miles of critical infrastructure or has critical infrastructure within its territory; or
`(III) within or contiguous to 1 of the 50 largest metropolitan statistical areas in the United States; and
`(iv) certifies to the Secretary that a State is not making funds distributed under this title available to the Indian tribe or consortium of Indian tribes for the purpose for which the Indian tribe or consortium of Indian tribes is seeking grant funds; and
`(B) a consortium of Indian tribes, if each tribe satisfies the requirements of subparagraph (A).
`(4) ELIGIBLE METROPOLITAN AREA- The term `eligible metropolitan area' means the following:
`(A) IN GENERAL- A combination of 2 or more incorporated municipalities, counties, parishes, or Indian tribes that--
`(I) any of the 100 largest metropolitan statistical areas in the United States; or
`(II) any combined statistical area, of which any metropolitan statistical area described in subparagraph (A) is a part; and
`(ii) includes the city with the largest population in that metropolitan statistical area.
`(B) OTHER COMBINATIONS- Any other combination of contiguous local or tribal governments that are formally certified by the Administrator as an eligible metropolitan area for purposes of this title with the consent of the State or States in which such local or tribal governments are located.
`(C) INCLUSION OF ADDITIONAL LOCAL GOVERNMENTS- An eligible metropolitan area may include additional local or tribal governments outside the relevant metropolitan statistical area or combined statistical area that are likely to be affected by, or be called upon to respond to, a terrorist attack within the metropolitan statistical area.
`(5) INDIAN TRIBE- The term `Indian tribe' has the meaning given that term in section 4(e) of the Indian Self-Determination Act (25 U.S.C. 450b(e)).
`(6) METROPOLITAN STATISTICAL AREA- The term `metropolitan statistical area' means a metropolitan statistical area, as defined by the Office of Management and Budget.
`(7) NATIONAL SPECIAL SECURITY EVENT- The term `National Special Security Event' means a designated event that, by virtue of its political, economic, social, or religious significance, may be the target of terrorism or other criminal activity.
`(8) POPULATION- The term `population' means population according to the most recent United States census population estimates available at the start of the relevant fiscal year.
`(9) POPULATION DENSITY- The term `population density' means population divided by land area in square miles.
`(10) TARGET CAPABILITIES- The term `target capabilities' means the target capabilities for Federal, State, local, and tribal government preparedness for which guidelines are required to be established under section 646(a) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 746(a)).
`(11) TRIBAL GOVERNMENT- The term `tribal government' means the government of an Indian tribe.
`SEC. 2002. HOMELAND SECURITY GRANT PROGRAM.
`(a) Establishment- There is established a Homeland Security Grant Program, which shall consist of--
`(1) the Urban Area Security Initiative established under section 2003, or any successor thereto;
`(2) the State Homeland Security Grant Program established under section 2004, or any successor thereto;
`(3) the Emergency Management Performance Grant Program established under section 2005 or any successor thereto; and
`(4) the Emergency Communications and Interoperability Grants Program established under section 1809, or any successor thereto.
`(b) Grants Authorized- The Secretary, through the Administrator, may award grants to State, local, and tribal governments under the Homeland Security Grant Program for the purposes of this title.
`(c) Programs Not Affected- This title shall not be construed to affect any authority to award grants under any of the following Federal programs:
`(1) The firefighter assistance programs authorized under section 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a).
`(2) Except as provided in subsection (d), all grant programs authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), including the Urban Search and Rescue Grant Program.
`(3) Grants to protect critical infrastructure, including port security grants authorized under section 70107 of title 46, United States Code.
`(4) The Metropolitan Medical Response System authorized under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723).
`(5) Grant programs other than those administered by the Department.
`(d) Relationship to Other Laws-
`(1) IN GENERAL- The Homeland Security Grant Program shall supercede--
`(A) all grant programs authorized under section 1014 of the USA PATRIOT Act (42 U.S.C. 3714); and
`(B) the Emergency Management Performance Grant authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 762).
`(2) PROGRAM INTEGRITY- Each grant program described under paragraphs (1) through (4) of subsection (a) shall include, consistent with the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note), policies and procedures for--
`(A) identifying activities funded under the Homeland Security Grant Program that are susceptible to significant improper payments; and
`(B) reporting the incidence of improper payments to the Department.
`(3) ALLOCATION- Except as provided under paragraph (2) of this subsection, the allocation of grants authorized under this title shall be governed by the terms of this title and not by any other provision of law.
`(e) Minimum Performance Requirements-
`(1) IN GENERAL- The Administrator shall--
`(A) establish minimum performance requirements for entities that receive homeland security grants;
`(B) conduct, in coordination with State, regional, local, and tribal governments receiving grants under the Homeland Security Grant Program, simulations and exercises to test the minimum performance requirements established under subparagraph (A) for--
`(i) emergencies (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) and major disasters not less than twice each year; and
`(ii) catastrophic incidents (as that term is defined in section 501) not less than once each year; and
`(C) ensure that entities that the Administrator determines are failing to demonstrate minimum performance requirements established under subparagraph (A) shall remedy the areas of failure, not later than the end of the second full fiscal year after the date of such determination by--
`(i) establishing a plan for the achievement of the minimum performance requirements under subparagraph (A), including--
`(I) developing intermediate indicators for the 2 fiscal years following the date of such determination; and
`(II) conducting additional simulations and exercises; and
`(ii) revising an entity's homeland security plan, if necessary, to achieve the minimum performance requirements under subparagraph (A).
`(2) WAIVER- At the discretion of the Administrator, the occurrence of an actual emergency, major disaster, or catastrophic incident in an area may be deemed as a simulation under paragraph (1)(B).
`(3) REPORT TO CONGRESS- Not later than the end of the first full fiscal year after the date of enactment of the Improving America's Security Act of 2007, and each fiscal year thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and to the Committee on Homeland Security of the House of Representatives a report describing--
`(A) the performance of grantees under paragraph (1)(A);
`(B) lessons learned through the simulations and exercises under paragraph (1)(B); and
`(C) efforts being made to remedy failed performance under paragraph (1)(C).
`SEC. 2003. URBAN AREA SECURITY INITIATIVE.
`(a) Establishment- There is established an Urban Area Security Initiative to provide grants to assist high-risk metropolitan areas in preventing, preparing for, protecting against, responding to, and recovering from acts of terrorism.
`(1) IN GENERAL- An eligible metropolitan area may apply for grants under this section.
`(2) ANNUAL APPLICATIONS- Applicants for grants under this section shall apply or reapply on an annual basis for grants distributed under the program.
`(3) INFORMATION- In an application for a grant under this section, an eligible metropolitan area shall submit--
`(A) a plan describing the proposed division of responsibilities and distribution of funding among the local and tribal governments in the eligible metropolitan area;
`(B) the name of an individual to serve as a metropolitan area liaison with the Department and among the various jurisdictions in the metropolitan area; and
`(C) such information in support of the application as the Administrator may reasonably require.
`(c) State Review and Transmission-
`(1) IN GENERAL- To ensure consistency with State homeland security plans, an eligible metropolitan area applying for a grant under this section shall submit its application to each State within which any part of the eligible metropolitan area is located for review before submission of such application to the Department.
`(2) DEADLINE- Not later than 30 days after receiving an application from an eligible metropolitan area under paragraph (1), each such State shall transmit the application to the Department.
`(3) STATE DISAGREEMENT- If the Governor of any such State determines that an application of an eligible metropolitan area is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, the Governor shall--
`(A) notify the Administrator, in writing, of that fact; and
`(B) provide an explanation of the reason for not supporting the application at the time of transmission of the application.
`(d) Prioritization- In allocating funds among metropolitan areas applying for grants under this section, the Administrator shall consider--
`(1) the relative threat, vulnerability, and consequences faced by the eligible metropolitan area from a terrorist attack, including consideration of--
`(A) the population of the eligible metropolitan area, including appropriate consideration of military, tourist, and commuter populations;
`(B) the population density of the eligible metropolitan area;
`(C) the history of threats faced by the eligible metropolitan area, including--
`(i) whether there has been a prior terrorist attack in the eligible metropolitan area; and
`(ii) whether any part of the eligible metropolitan area, or any critical infrastructure or key resource within the eligible metropolitan area, has ever experienced a higher threat level under the Homeland Security Advisory System than other parts of the United States;
`(D) the degree of threat, vulnerability, and consequences to the eligible metropolitan area related to critical infrastructure or key resources identified by the Secretary or the State homeland security plan, including threats, vulnerabilities, and consequences from critical infrastructure in nearby jurisdictions;
`(E) whether the eligible metropolitan area is located at or near an international border;
`(F) whether the eligible metropolitan area has a coastline bordering ocean or international waters;
`(G) threats, vulnerabilities, and consequences faced by the eligible metropolitan area related to at-risk sites or activities in nearby jurisdictions, including the need to respond to terrorist attacks arising in those jurisdictions;
`(H) the most current threat assessments available to the Department;
`(I) the extent to which the eligible metropolitan area has unmet target capabilities;
`(J) the extent to which the eligible metropolitan area includes--
`(i) all incorporated municipalities, counties, parishes, and Indian tribes within the relevant metropolitan statistical area or combined statistical area; and
`(ii) other local governments and tribes that are likely to be called upon to respond to a terrorist attack within the eligible metropolitan area; and
`(K) such other factors as are specified in writing by the Administrator; and
`(2) the anticipated effectiveness of the proposed spending plan for the eligible metropolitan area in increasing the ability of that eligible metropolitan area to prevent, prepare for, protect against, respond to, and recover from terrorism, to meet its target capabilities, and to otherwise reduce the overall risk to the metropolitan area, the State, and the Nation.
`(e) 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.
`(f) Allowable Uses- Grants awarded under this section may be used to achieve target capabilities, consistent with a State homeland security plan and relevant local and regional homeland security plans, through--
`(1) developing and enhancing State, local, or regional plans, risk assessments, or mutual aid agreements;
`(2) purchasing, upgrading, storing, or maintaining equipment;
`(3) designing, conducting, and evaluating training and exercises, including exercises of mass evacuation plans under section 512 and including the payment of overtime and backfill costs in support of such activities;
`(4) responding to an increase in the threat level under the Homeland Security Advisory System, or to the needs resulting from a National Special Security Event, including payment of overtime and backfill costs;
`(5) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers that comply with the guidelines established under section 206(i);
`(6) protecting critical infrastructure and key resources identified in the Critical Infrastructure List established under section 1001 of the Improving America's Security Act of 2007, including the payment of appropriate personnel costs;
`(7) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the Urban Area Security Initiative or the Law Enforcement Terrorism Prevention Grant Program, including activities permitted under the full-time counterterrorism staffing pilot; and
`(8) any other activity relating to achieving target capabilities approved by the Administrator.
`(g) Distribution of Awards to Metropolitan Areas-
`(1) IN GENERAL- If the Administrator approves the application of an eligible metropolitan area for a grant under this section, the Administrator shall distribute the grant funds to the State or States in which the eligible metropolitan area is located.
`(2) STATE DISTRIBUTION OF FUNDS- Each State shall provide the eligible metropolitan area not less than 80 percent of the grant funds. Any funds retained by a State shall be expended on items or services approved by the Administrator that benefit the eligible metropolitan area.
`(3) MULTISTATE REGIONS- If parts of an eligible metropolitan area awarded a grant are located in 2 or more States, the Secretary shall distribute to each such State--
`(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 in proportion to each State's share of the population of the eligible metropolitan area.
`SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.
`(a) Establishment- There is established a State Homeland Security Grant Program to assist State, local, and tribal governments in preventing, preparing for, protecting against, responding to, and recovering from acts of terrorism.
`(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) ANNUAL APPLICATIONS- Applicants for grants under this section shall apply or reapply on an annual basis for grants distributed under the program.
`(c) Prioritization- In allocating funds among States applying for grants under this section, the Administrator shall consider--
`(1) the relative threat, vulnerability, and consequences faced by a State from a terrorist attack, including consideration of--
`(A) the size of the population of the State, including appropriate consideration of military, tourist, and commuter populations;
`(B) the population density of the State;
`(C) the history of threats faced by the State, including--
`(i) whether there has been a prior terrorist attack in an urban area that is wholly or partly in the State, or in the State itself; and
`(ii) whether any part of the State, or any critical infrastructure or key resource within the State, has ever experienced a higher threat level under the Homeland Security Advisory System than other parts of the United States;
`(D) the degree of threat, vulnerability, and consequences related to critical infrastructure or key resources identified by the Secretary or the State homeland security plan;
`(E) whether the State has an international border;
`(F) whether the State has a coastline bordering ocean or international waters;
`(G) threats, vulnerabilities, and consequences faced by a State related to at-risk sites or activities in adjacent States, including the State's need to respond to terrorist attacks arising in adjacent States;
`(H) the most current threat assessments available to the Department;
`(I) the extent to which the State has unmet target capabilities; and
`(J) such other factors as are specified in writing by the Administrator;
`(2) the anticipated effectiveness of the proposed spending plan of the State in increasing the ability of the State to--
`(A) prevent, prepare for, protect against, respond to, and recover from terrorism;
`(B) meet the target capabilities of the State; and
`(C) otherwise reduce the overall risk to the State and the Nation; and
`(3) the need to balance the goal of ensuring the target capabilities of the highest risk areas are achieved quickly and the goal of ensuring that basic levels of preparedness, as measured by the attainment of target capabilities, are achieved nationwide.
`(d) Minimum Allocation- In allocating funds under subsection (c), the Administrator shall ensure that, for each fiscal year--
`(1) except as provided for in paragraph (2), no State receives less than an amount equal to 0.45 percent of the total funds appropriated for the State Homeland Security Grant Program; and
`(2) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each receive not less than 0.08 percent of the amounts appropriated for the State Homeland Security Grant Program.
`(e) Multistate Partnerships-
`(1) IN GENERAL- Instead of, or in addition to, any application for funds under subsection (b), 2 or more States may submit an application under this paragraph for multistate efforts to prevent, prepare for, protect against, respond to, or recover from acts of terrorism.
`(2) GRANTEES- Multistate grants may be awarded to either--
`(A) an individual State acting on behalf of a consortium or partnership of States with the consent of all member States; or
`(B) a group of States applying as a consortium or partnership.
`(3) ADMINISTRATION OF GRANT- If a group of States apply as a consortium or partnership such States shall submit to the Secretary at the time of application a plan describing--
`(A) the division of responsibilities for administering the grant; and
`(B) the distribution of funding among the various States and entities that are party to the application.
`(f) Funding for Local and Tribal Governments-
`(1) IN GENERAL- The Administrator shall require that, not later than 60 days after receiving grant funding, any State receiving a grant under this section shall make available to local and tribal governments and emergency response providers, consistent with the applicable State homeland security plan--
`(A) not less than 80 percent of the grant funds;
`(B) with the consent of local and tribal governments, the resources purchased with such grant funds having a value equal to not less than 80 percent of the amount of the grant; or
`(C) grant funds combined with resources purchased with the grant funds having a value equal to not less than 80 percent of the amount of the grant.
`(2) EXTENSION OF PERIOD- The Governor of a State may request in writing that the Administrator extend the period under paragraph (1) for an additional period of time. The Administrator may approve such a request, and may extend such period for an additional period, if the Administrator determines that the resulting delay in providing grant funding to the local and tribal governments and emergency response providers is necessary to promote effective investments to prevent, prepare for, protect against, respond to, and recover from terrorism, or to meet the target capabilities of the State.
`(3) INDIAN TRIBES- States shall be responsible for allocating grant funds received under this section to tribal governments in order to help those tribal communities achieve target capabilities. Indian tribes shall be eligible for funding directly from the States, and shall not be required to seek funding from any local government.
`(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.
`(g) Grants to Directly Eligible Tribes-
`(1) IN GENERAL- Notwithstanding subsection (b), the Secretary may award grants to directly eligible tribes under this section.
`(2) TRIBAL APPLICATIONS- A directly eligible tribe may apply for a grant under this section by submitting an application to the Administrator that includes the information required for an application by a State under subsection (b).
`(A) IN GENERAL- To ensure consistency with State homeland security plans, a directly eligible tribe applying for a grant under this section shall submit its application to each State within which any part of the tribe is located for review before submission of such application to the Department.
`(B) DEADLINE- Not later than 30 days after receiving an application from a directly eligible tribe under subparagraph (A), each such State shall transmit the application to the Department.
`(C) STATE DISAGREEMENT- If the Governor of any such State determines that the application of a directly eligible tribe is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, the Governor shall--
`(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.
`(4) DISTRIBUTION OF AWARDS TO DIRECTLY ELIGIBLE TRIBES- If the Administrator awards funds to a directly eligible tribe under this section, the Administrator shall distribute the grant funds directly to the directly eligible tribe. The funds shall not be distributed to the State or States in which the directly eligible tribe is located.
`(5) TRIBAL LIAISON- A directly eligible tribe applying for a grant under this section shall designate a specific individual to serve as the tribal liaison who shall--
`(A) coordinate with Federal, State, local, regional, and private officials concerning terrorism preparedness;
`(B) develop a process for receiving input from Federal, State, local, regional, and private officials to assist in the development of the application of such tribe and to improve the access of such tribe to grants; and
`(C) administer, in consultation with State, local, regional, and private officials, grants awarded to such tribe.
`(6) TRIBES RECEIVING DIRECT GRANTS- A directly eligible tribe that receives a grant directly under this section is eligible to receive funds for other purposes under a grant from the State or States within the boundaries of which any part of such tribe is located, consistent with the homeland security plan of the State.
`(7) RULE OF CONSTRUCTION- Nothing in this section shall be construed to affect the authority of an Indian tribe that receives funds under this section.
`(h) Opportunity To Amend- In considering applications for grants under this section, the Administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards.
`(i) Allowable Uses- Grants awarded under this section may be used to achieve target capabilities, consistent with a State homeland security plan, through--
`(1) developing and enhancing State, local, tribal, or regional plans, risk assessments, or mutual aid agreements;
`(2) purchasing, upgrading, storing, or maintaining equipment;
`(3) designing, conducting, and evaluating training and exercises, including exercises of mass evacuation plans under section 512 and including the payment of overtime and backfill costs in support of such activities;
`(4) responding to an increase in the threat level under the Homeland Security Advisory System, including payment of overtime and backfill costs;
`(5) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers, that comply with the guidelines established under section 206(i);
`(6) protecting critical infrastructure and key resources identified in the Critical Infrastructure List established under section 1001 of the Improving America's Security Act of 2007, including the payment of appropriate personnel costs;
`(7) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the State Homeland Security Grant Program or the Law Enforcement Terrorism Prevention Grant Program, including activities permitted under the full-time counterterrorism staffing pilot; and
`(8) any other activity relating to achieving target capabilities approved by the Administrator.
`SEC. 2005. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
`(a) Establishment- There is established an Emergency Management Performance Grants Program to make grants to States to assist State, local, and tribal governments in preventing, preparing for, protecting against, responding to, recovering from, and mitigating against all hazards, including natural disasters, acts of terrorism, and other man-made disasters.
`(1) IN GENERAL- Each State may apply for a grant under this section, and shall submit such information in support of an application as the Administrator may reasonably require.
`(2) ANNUAL APPLICATIONS- Applicants for grants under this section shall apply or reapply on an annual basis for grants distributed under the program.
`(c) Allocation- Funds available under the Emergency Management Performance Grants Program shall be allocated as follows:
`(A) IN GENERAL- Except as provided in subparagraph (B), each State shall receive an amount equal to 0.75 percent of the total funds appropriated for grants under this section.
`(B) TERRITORIES- American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each shall receive an amount equal to 0.25 percent of the amounts appropriated for grants under this section.
`(2) PER CAPITA ALLOCATION- The funds remaining for grants under this section after allocation of the baseline amounts under paragraph (1) shall be allocated to each State in proportion to its population.
`(d) Allowable Uses- Grants awarded under this section may be used to achieve target capabilities, consistent with a State homeland security plan or a catastrophic incident annex developed under section 613 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196b) through--
`(1) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for Emergency Management Performance Grants; and
`(2) any other activity approved by the Administrator that will improve the capability of a State, local, or tribal government in preventing, preparing for, protecting against, responding to, recovering from, or mitigating against all hazards, including natural disasters, acts of terrorism, and other man-made disasters.
`(1) IN GENERAL- The Federal share of the costs of an activity carried out with a grant under this section shall not exceed 75 percent.
`(2) IN-KIND MATCHING- Each recipient of a grant under this section may meet the matching requirement under paragraph (1) by making in-kind contributions of goods or services that are directly linked with the purpose for which the grant is made.
`(f) Local and Tribal Governments-
`(1) IN GENERAL- In allocating grant funds received under this section, a State shall take into account the needs of local and tribal governments.
`(2) INDIAN TRIBES- States shall be responsible for allocating grant funds received under this section to tribal governments in order to help those tribal communities improve their capabilities in preventing, preparing for, protecting against, responding to, recovering from, or mitigating against all hazards, including natural disasters, acts of terrorism, and other man-made disasters. Indian tribes shall be eligible for funding directly from the States, and shall not be required to seek funding from any local government.
`SEC. 2006. TERRORISM PREVENTION.
`(a) Law Enforcement Terrorism Prevention Program-
`(1) IN GENERAL- The Administrator shall designate not less than 25 percent of the combined amount appropriated for grants under sections 2003 and 2004 to be used for law enforcement terrorism prevention activities.
`(2) USE OF FUNDS- Grants awarded under this subsection may be used for--
`(A) information sharing to preempt terrorist attacks;
`(B) target hardening to reduce the vulnerability of selected high value targets;
`(C) threat recognition to recognize the potential or development of a threat;
`(D) intervention activities to interdict terrorists before they can execute a threat;
`(E) overtime expenses related to a State homeland security plan, including overtime costs associated with providing enhanced law enforcement operations in support of Federal agencies for increased border security and border crossing enforcement;
`(F) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers that comply with the guidelines established under section 206(i);
`(G) any other activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the Law Enforcement Terrorism Prevention Program; and
`(H) any other terrorism prevention activity authorized by the Administrator.
`(b) Office for the Prevention of Terrorism-
`(1) ESTABLISHMENT- There is established in the Department an Office for the Prevention of Terrorism, which shall be headed by a Director.
`(A) REPORTING- The Director of the Office for the Prevention of Terrorism shall report directly to the Secretary.
`(B) QUALIFICATIONS- The Director of the Office for the Prevention of Terrorism shall have an appropriate background with experience in law enforcement, intelligence, or other antiterrorist functions.
`(3) ASSIGNMENT OF PERSONNEL-
`(A) IN GENERAL- The Secretary shall assign to the Office for the Prevention of Terrorism permanent staff and other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this section.
`(B) LIAISONS- The Secretary shall designate senior employees from each component of the Department that has significant antiterrorism responsibilities to act as liaisons between that component and the Office for the Prevention of Terrorism.
`(4) RESPONSIBILITIES- The Director of the Office for the Prevention of Terrorism shall--
`(A) coordinate policy and operations between the Department and State, local, and tribal government agencies relating to preventing acts of terrorism within the United States;
`(B) serve as a liaison between State, local, and tribal law enforcement agencies and the Department;
`(C) in coordination with the Office of Intelligence and Analysis, develop better methods for the sharing of intelligence with State, local, and tribal law enforcement agencies;
`(D) work with the Administrator to ensure that homeland security grants to State, local, and tribal government agencies, including grants under this title, the Commercial Equipment Direct Assistance Program, and grants to support fusion centers and other law enforcement-oriented programs are adequately focused on terrorism prevention activities; and
`(E) coordinate with the Federal Emergency Management Agency, the Department of Justice, the National Institute of Justice, law enforcement organizations, and other appropriate entities to support the development, promulgation, and updating, as necessary, of national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers.
`(A) IN GENERAL- The Director of the Office for the Prevention of Terrorism, in coordination with the Administrator, shall establish a pilot project to determine the efficacy and feasibility of establishing law enforcement deployment teams.
`(B) FUNCTION- The law enforcement deployment teams participating in the pilot program under this paragraph shall form the basis of a national network of standardized law enforcement resources to assist State, local, and tribal governments in responding to natural disasters, acts of terrorism, or other man-made disaster.
`(6) CONSTRUCTION- Nothing in this section may be construed to affect the roles or responsibilities of the Department of Justice.
`SEC. 2007. RESTRICTIONS ON USE OF FUNDS.
`(A) IN GENERAL- Grants awarded under this title 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 grants awarded under this title to achieve target capabilities through--
`(I) the construction of facilities described in section 611 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196); or
`(II) the alteration or remodeling of existing buildings for the purpose of making such buildings secure against terrorist attacks or able to withstand or protect against chemical, radiological, or biological attacks.
`(ii) REQUIREMENTS FOR EXCEPTION- No grant awards may be used for the purposes under clause (i) unless--
`(I) specifically approved by the Administrator;
`(II) the construction occurs under terms and conditions consistent with the requirements under section 611(j)(8) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(8)); and
`(III) the amount allocated for purposes under clause (i) does not exceed 20 percent of the grant award.
`(A) IN GENERAL- For any grant awarded under section 2003 or 2004--
`(i) not more than 25 percent of the amount awarded to a grant recipient may be used to pay overtime and backfill costs; and
`(ii) not more than 25 percent of the amount awarded to the grant recipient may be used to pay personnel costs not described in clause (i).
`(B) WAIVER- At the request of the recipient of a grant under section 2003 or section 2004, the Administrator may grant a waiver of any limitation under subparagraph (A).
`(3) RECREATION- Grants awarded under this title may not be used for recreational or social purposes.
`(b) Multiple-Purpose Funds- Nothing in this title shall be construed to prohibit State, local, or tribal governments from using grant funds under sections 2003 and 2004 in a manner that enhances preparedness for disasters unrelated to acts of terrorism, if such use assists such governments in achieving capabilities for terrorism preparedness established by the Administrator.
`(c) Equipment Standards- If an applicant for a grant under this title proposes to upgrade or purchase, with assistance provided under that grant, new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under section 647 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747), the applicant shall include in its application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards.
`(d) Supplement Not Supplant- Amounts appropriated for grants under this title shall be used to supplement and not supplant other State, local, and tribal government public funds obligated for the purposes provided under this title.
`SEC. 2008. ADMINISTRATION AND COORDINATION.
`(a) Administrator- The Administrator shall, in consultation with other appropriate offices within the Department, have responsibility for administering all homeland security grant programs administered by the Department and for ensuring coordination among those programs and consistency in the guidance issued to recipients across those programs.
`(b) National Advisory Council- To ensure input from and coordination with State, local, and tribal governments and emergency response providers, the Administrator shall regularly consult and work with the National Advisory Council established under section 508 on the administration and assessment of grant programs administered by the Department, including with respect to the development of program guidance and the development and evaluation of risk-assessment methodologies.
`(c) Regional Coordination- The Administrator shall ensure that--
`(1) all recipients of homeland security grants administered by the Department, as a condition of receiving those grants, coordinate their prevention, preparedness, and protection efforts with neighboring State, local, and tribal governments, as appropriate; and
`(2) all metropolitan areas and other recipients of homeland security grants administered by the Department that include or substantially affect parts or all of more than 1 State, coordinate across State boundaries, including, where appropriate, through the use of regional working groups and requirements for regional plans, as a condition of receiving Departmentally administered homeland security grants.
`(d) Planning Committees-
`(1) IN GENERAL- Any State or metropolitan area receiving grants under this title 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.
`(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 metropolitan areas, including, as appropriate, representatives of rural, high-population, and high-threat jurisdictions.
`(e) Interagency Coordination- The Secretary, through the Administrator, in coordination with the Attorney General, the Secretary of Health and Human Services, and other agencies providing assistance to State, local, and tribal governments for preventing, preparing for, protecting against, responding to, and recovering from natural disasters, acts of terrorism, and other man-made disasters, and not later than 12 months after the date of enactment of the Improving America's Security Act of 2007, shall--
`(1) compile a comprehensive list of Federal programs that provide assistance to State, local, and tribal governments for preventing, preparing for, and responding to, natural disasters, acts of terrorism, and other man-made disasters;
`(2) develop a proposal to coordinate, to the greatest extent practicable, the planning, reporting, application, and other requirements and guidance for homeland security assistance programs to--
`(A) eliminate redundant and duplicative requirements, including onerous application and ongoing reporting requirements;
`(B) ensure accountability of the programs to the intended purposes of such programs;
`(C) coordinate allocation of grant funds to avoid duplicative or inconsistent purchases by the recipients; and
`(D) make the programs more accessible and user friendly to applicants; and
`(3) submit the information and proposals under paragraphs (1) and (2) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.
`SEC. 2009. ACCOUNTABILITY.
`(a) Reports to Congress-
`(1) FUNDING EFFICACY- The Administrator shall submit to Congress, as a component of the annual Federal Preparedness Report required under section 652 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752), an evaluation of the extent to which grants Administered by the Department, including the grants established by this title--
`(A) have contributed to the progress of State, local, and tribal governments in achieving target capabilities; and
`(B) have led to the reduction of risk nationally and in State, local, and tribal jurisdictions.
`(A) IN GENERAL- For each fiscal year, the Administrator shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a detailed and comprehensive explanation of the methodology used to calculate risk and compute the allocation of funds under sections 2003 and 2004 of this title, including--
`(i) all variables included in the risk assessment and the weights assigned to each;
`(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 methodology 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 under sections 2003 and 2004.
`(1) DEPARTMENT REVIEW- The Administrator shall conduct periodic reviews of grants made under this title to ensure that recipients allocate funds consistent with the guidelines established by the Department.
`(2) GOVERNMENT ACCOUNTABILITY OFFICE-
`(A) ACCESS TO INFORMATION- Each recipient of a grant under this title and the Department shall provide the Government Accountability Office with full access to information regarding the activities carried out under this title.
`(i) AUDIT- Not later than 12 months after the date of enactment of the Improving America's Security Act of 2007, and periodically thereafter, the Comptroller General of the United States shall conduct an audit of the Homeland Security Grant Program.
`(ii) REPORT- The Comptroller General of the United States shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on--
`(I) the results of any audit conducted under clause (i), including an analysis of the purposes for which the grant funds authorized under this title are being spent; and
`(II) whether the grant recipients have allocated funding consistent with the State homeland security plan and the guidelines established by the Department.
`(3) AUDIT REQUIREMENT- Grant recipients that expend $500,000 or more in grant funds received under this title during any fiscal year shall submit to the Administrator an organization-wide financial and compliance audit report in conformance with the requirements of chapter 75 of title 31, United States Code.
`(4) RECOVERY AUDITS- The Secretary shall conduct a recovery audit (as that term is defined by the Director of the Office of Management and Budget under section 3561 of title 31, United States Code) for any grant administered by the Department with a total value of $1,000,000 or greater.
`(c) Remedies for Noncompliance-
`(1) IN GENERAL- If the Administrator finds, after reasonable notice and an opportunity for a hearing, that a recipient of a grant under this title has failed to substantially comply with any provision of this title, or with any regulations or guidelines of the Department regarding eligible expenditures, the Administrator shall--
`(A) terminate any payment of grant funds to be made to the recipient under this title;
`(B) reduce the amount of payment of grant funds to the recipient by an amount equal to the amount of grants funds that were not expended by the recipient in accordance with this title; or
`(C) limit the use of grant funds received under this title to programs, projects, or activities not affected by the failure to comply.
`(2) DURATION OF PENALTY- The Administrator shall apply an appropriate penalty under paragraph (1) until such time as the Secretary determines that the grant recipient is in full compliance with this title or with applicable guidelines or regulations of the Department.
`(3) DIRECT FUNDING- If a State fails to substantially comply with any provision of this title or with applicable guidelines or regulations of the Department, including failing to provide local or tribal governments with grant funds or resources purchased with grant funds in a timely fashion, a local or tribal government entitled to receive such grant funds or resources may petition the Administrator, at such time and in such manner as determined by the Administrator, to request that grant funds or resources be provided directly to the local or tribal government.
`SEC. 2010. AUDITING.
`(a) Audit of Grants Under This Title-
`(1) IN GENERAL- Not later than the date described in paragraph (2), and every 2 years thereafter, the Inspector General of the Department shall conduct an audit of each entity that receives a grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, or the Emergency Management Performance Grant Program to evaluate the use of funds under such grant program by such entity.
`(2) TIMING- The date described in this paragraph is the later of 2 years after--
`(A) the date of enactment of the Improving America's Security Act of 2007; and
`(B) the date that an entity first receives a grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, or the Emergency Management Performance Grant Program, as the case may be.
`(3) CONTENTS- Each audit under this subsection shall evaluate--
`(A) the use of funds under the relevant grant program by an entity during the 2 full fiscal years before the date of that audit;
`(B) whether funds under that grant program were used by that entity as required by law; and
`(C)(i) for each grant under the Urban Area Security Initiative or the State Homeland Security Grant Program, the extent to which funds under that grant were used to prepare for, protect against, respond to, or recover from acts of terrorism; and
`(ii) for each grant under the Emergency Management Performance Grant Program, the extent to which funds under that grant were used to prevent, prepare for, protect against, respond to, recover from, or mitigate against all hazards, including natural disasters, acts of terrorism, and other man-made disasters.
`(4) PUBLIC AVAILABILITY ON WEBSITE- The Inspector General of the Department shall make each audit under this subsection available on the website of the Inspector General.
`(A) IN GENERAL- Not later than 2 years and 60 days after the date of enactment of the Improving America's Security Act of 2007, and annually thereafter, the Inspector General of the Department shall submit to Congress a consolidated report regarding the audits conducted under this subsection.
`(B) CONTENTS- Each report submitted under this paragraph shall describe--
`(i)(I) for the first such report, the audits conducted under this subsection during the 2-year period beginning on the date of enactment of the Improving America's Security Act of 2007; and
`(II) for each subsequent such report, the audits conducted under this subsection during the fiscal year before the date of the submission of that report;
`(ii) whether funds under each grant audited during the period described in clause (i) that is applicable to such report were used as required by law; and
`(iii)(I) for grants under the Urban Area Security Initiative or the State Homeland Security Grant Program audited, the extent to which, during the period described in clause (i) that is applicable to such report, funds under such grants were used to prepare for, protect against, respond to, or recover from acts of terrorism; and
`(II) for grants under the Emergency Management Performance Grant Program audited, the extent to which funds under such grants were used during the period described in clause (i) applicable to such report to prevent, prepare for, protect against, respond to, recover from, or mitigate against all hazards, including natural disasters, acts of terrorism, and other man-made disasters.
`(b) Audit of Other Preparedness Grants-
`(1) IN GENERAL- Not later than the date described in paragraph (2), the Inspector General of the Department shall conduct an audit of each entity that receives a grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, or the Emergency Management Performance Grant Program to evaluate the use by that entity of any grant for preparedness administered by the Department that was awarded before the date of enactment of the Improving America's Security Act of 2007.
`(2) TIMING- The date described in this paragraph is the later of 2 years after--
`(A) the date of enactment of the Improving America's Security Act of 2007; and
`(B) the date that an entity first receives a grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, or the Emergency Management Performance Grant Program, as the case may be.
`(3) CONTENTS- Each audit under this subsection shall evaluate--
`(A) the use of funds by an entity under any grant for preparedness administered by the Department that was awarded before the date of enactment of the Improving America's Security Act of 2007;
`(B) whether funds under each such grant program were used by that entity as required by law; and
`(C) the extent to which such funds were used to enhance preparedness.
`(4) PUBLIC AVAILABILITY ON WEBSITE- The Inspector General of the Department shall make each audit under this subsection available on the website of the Inspector General.
`(A) IN GENERAL- Not later than 2 years and 60 days after the date of enactment of the Improving America's Security Act of 2007, and annually thereafter, the Inspector General of the Department shall submit to Congress a consolidated report regarding the audits conducted under this subsection.
`(B) CONTENTS- Each report submitted under this paragraph shall describe--
`(i)(I) for the first such report, the audits conducted under this subsection during the 2-year period beginning on the date of enactment of the Improving America's Security Act of 2007; and
`(II) for each subsequent such report, the audits conducted under this subsection during the fiscal yea