<PRE>[From the U.S. Government Printing Office via GPO Access]
[DOCID: h1eas.txt]
[Engrossed Amendment Senate]
F6652

I20I20I20I20I20I20I20I20I20I20

I90HR 1 EAS
I02In the Senate of the United States,
I03July 9, 2007.
I04T3Resolved, T1That the bill from the House of Representatives (H.R. 1) entitled ``An Act to provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.'', do pass with the following
I29T3AMENDMENT:

S6201
I13Strike out all after the enacting clause and insert:

S6203
I72SECTION 1. SHORT TITLE.
I20This Act may be cited as the ``Improving America's Security Act of 2007''.
I72SEC. 2. DEFINITIONS.
I20In this Act:
I22(1) T4DepartmentK._The term ``Department'' means the Department of Homeland Security.
I22(2) T4SecretaryK._The term ``Secretary'' means the Secretary of Homeland Security.
I72SEC. 3. TABLE OF CONTENTS.
I20The table of contents for this Act is as follows:
Q10

S6213
I42Sec.1.Short title.
I42Sec.2.Definitions.
I42Sec.3.Table of contents.
I74TITLE I_IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
I74T1Subtitle A_Homeland Security Information Sharing Enhancement
I42Sec.111.Homeland Security Advisory System and information sharing.
I42Sec.112.Information sharing.
I42Sec.113.Intelligence training development for State and local government officials.
I42Sec.114.Information sharing incentives.
I74T1Subtitle B_Homeland Security Information Sharing Partnerships
I42Sec.121.State, Local, and Regional Fusion Center Initiative.
I42Sec.122.Homeland Security Information Sharing Fellows Program.
I42Sec.123.Rural Policing Institute.
I74T1Subtitle C_Interagency Threat Assessment and Coordination Group
I42Sec.131.Interagency Threat Assessment and Coordination Group.
I74TITLE II_HOMELAND SECURITY GRANTS
I42Sec.201.Short title.
I42Sec.202.Homeland Security Grant Program.
I42Sec.203.Equipment technical assistance training.
I42Sec.204.Technical and conforming amendments.
I74TITLE III_COMMUNICATIONS OPERABILITY AND INTEROPERABILITY
I42Sec.301.Dedicated funding to achieve emergency communications operability and interoperable communications.
I42Sec.302.Border Interoperability Demonstration Project.
I74TITLE IV_EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM
I42Sec.401.Emergency Management Performance Grants Program.
I74TITLE V_ENHANCING SECURITY OF INTERNATIONAL TRAVEL
I42Sec.501.Modernization of the visa waiver program.
I42Sec.502.Strengthening the capabilities of the Human Smuggling and Trafficking Center.
I42Sec.503.Enhancements to the Terrorist Travel Program.
I42Sec.504.Enhanced driver's license.
I42Sec.505.Western Hemisphere Travel Initiative.
I42Sec.506.Model ports-of-entry.
I74TITLE VI_PRIVACY AND CIVIL LIBERTIES MATTERS
I42Sec.601.Modification of authorities relating to Privacy and Civil Liberties Oversight Board.
I42Sec.602.Privacy and civil liberties officers.
I42Sec.603.Department Privacy Officer.
I42Sec.604.Federal Agency Data Mining Reporting Act of 2007.
I74TITLE VII_ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION
I42Sec.701.National Biosurveillance Integration Center.
I42Sec.702.Biosurveillance efforts.
I42Sec.703.Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction.
I74TITLE VIII_PRIVATE SECTOR PREPAREDNESS
I42Sec.801.Definitions.
I42Sec.802.Responsibilities of the private sector office of the department.
I42Sec.803.Voluntary national preparedness standards compliance; accreditation and certification program for the private sector.
I42Sec.804.Sense of Congress regarding promoting an international standard for private sector preparedness.
I42Sec.805.Demonstration project.
I42Sec.806.Report to Congress.
I42Sec.807.Rule of construction.
I74TITLE IX_TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
I42Sec.901.Transportation security strategic planning.
I42Sec.902.Transportation security information sharing.
I42Sec.903.Transportation Security Administration personnel management.
I42Sec.904.Appeal rights and employee engagement mechanism for passenger and property screeners.
I42Sec.905.Plan for 100 percent scanning of cargo containers.
I74TITLE X_INCIDENT COMMAND SYSTEM
I42Sec.1001.Preidentifying and evaluating multijurisdictional facilities to strengthen incident command; private sector preparedness.
I42Sec.1002.Credentialing and typing to strengthen incident command.
I74TITLE XI_CRITICAL INFRASTRUCTURE PROTECTION
I42Sec.1101.Critical infrastructure protection.
I42Sec.1102.Risk assessment and report.
I42Sec.1103.Use of existing capabilities.
I42Sec.1104.Priorities and allocations.
I74TITLE XII_CONGRESSIONAL OVERSIGHT OF INTELLIGENCE
I42Sec.1201.Availability to public of certain intelligence funding information.
I42Sec.1202.Response of intelligence community to requests from Congress.
I42Sec.1203.Public Interest Declassification Board.
I42Sec.1204.Sense of the Senate regarding a report on the 9/11 Commission recommendations with respect to intelligence reform and congressional intelligence oversight reform.
I42Sec.1205.Availability of funds for the Public Interest Declassification Board.
I42Sec.1206.Availability of the Executive Summary of the Report on Central Intelligence Agency Accountability Regarding the Terrorist Attacks of September 11, 2001.
I74TITLE XIII_INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES
I42Sec.1301.Promoting antiterrorism capabilities through international cooperation.
I42Sec.1302.Transparency of funds.
I74TITLE XIV_TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES
I42Sec.1401.Short title.
I74T1Subtitle A_Surface Transportation and Rail Security
I42Sec.1411.Definition.
I74PART I_Improved Rail Security
I42Sec.1421.Rail transportation security risk assessment.
I42Sec.1422.Systemwide Amtrak security upgrades.
I42Sec.1423.Fire and life-safety improvements.
I42Sec.1424.Freight and passenger rail security upgrades.
I42Sec.1425.Rail security research and development.
I42Sec.1426.Oversight and grant procedures.
I42Sec.1427.Amtrak plan to assist families of passengers involved in rail passenger accidents.
I42Sec.1428.Northern border rail passenger report.
I42Sec.1429.Rail worker security training program.
I42Sec.1430.Whistleblower protection program.
I42Sec.1431.High hazard material security risk mitigation plans.
I42Sec.1432.Enforcement authority.
I42Sec.1433.Rail security enhancements.
I42Sec.1434.Public awareness.
I42Sec.1435.Railroad high hazard material tracking.
I42Sec.1436.Unified carrier registration system plan agreement.
I42Sec.1437.Authorization of appropriations.
I42Sec.1438.Applicability of District of Columbia law to certain Amtrak contracts.
I74PART II_Improved Motor Carrier, Bus, and Hazardous Material Security
I42Sec.1441.Hazardous materials highway routing.
I42Sec.1442.Motor carrier high hazard material tracking.
I42Sec.1443.Memorandum of agreement.
I42Sec.1444.Hazardous materials security inspections and enforcement.
I42Sec.1445.Truck security assessment.
I42Sec.1446.National public sector response system.
I42Sec.1447.Over-the-road bus security assistance.
I42Sec.1448.Pipeline security and incident recovery plan.
I42Sec.1449.Pipeline security inspections and enforcement.
I42Sec.1450.Technical corrections.
I42Sec.1451.Certain personnel limitations not to apply.
I42Sec.1452.Maritime and surface transportation security user fee study.
I42Sec.1453.DHS Inspector General report on Highway Watch grant program.
I42Sec.1454.Prohibition of issuance of transportation security cards to convicted felons.
I42Sec.1455.Prohibition of issuance of transportation security cards to convicted felons.
I74T1Subtitle B_Aviation Security Improvement
I42Sec.1461.Extension of authorization for aviation security funding.
I42Sec.1462.Passenger aircraft cargo screening.
I42Sec.1463.Blast-resistant cargo containers.
I42Sec.1464.Protection of air cargo on passenger planes from explosives.
I42Sec.1465.In-line baggage screening.
I42Sec.1466.Enhancement of in-line baggage system deployment.
I42Sec.1467.Research and development of aviation transportation security technology.
I42Sec.1468.Certain TSA personnel limitations not to apply.
I42Sec.1469.Specialized training.
I42Sec.1470.Explosive detection at passenger screening checkpoints.
I42Sec.1471.Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight.
I42Sec.1472.Strategic plan to test and implement advanced passenger prescreening system.
I42Sec.1473.Repair station security.
I42Sec.1474.General aviation security.
I42Sec.1475.Security credentials for airline crews.
I42Sec.1476.National explosives detection canine team training center.
I42Sec.1477.Law enforcement biometric credential.
I42Sec.1478.Employee retention internship program.
I42Sec.1479.Pilot project to reduce the number of transportation security officers at airport exit lanes.

I74T1Subtitle C_Interoperable Emergency Communications
I42Sec.1481.Interoperable emergency communications.
I42Sec.1482.Rule of construction.
I42Sec.1483.Cross border interoperability reports.
I42Sec.1484.Extension of short quorum.
I42Sec.1485.Requiring reports to be submitted to certain committees.
I74TITLE XV_PUBLIC TRANSPORTATION TERRORISM PREVENTION
I42Sec.1501.Short title.
I42Sec.1502.Findings.
I42Sec.1503.Security assessments.
I42Sec.1504.Security assistance grants.
I42Sec.1505.Public transportation security training program.
I42Sec.1506.Intelligence sharing.
I42Sec.1507.Research, development, and demonstration grants and contracts.
I42Sec.1508.Reporting requirements.
I42Sec.1509.Authorization of appropriations.
I42Sec.1510.Sunset provision.
I74TITLE XVI_MISCELLANEOUS PROVISIONS
I42Sec.1601.Deputy Secretary of Homeland Security for Management.
I42Sec.1602.Sense of the Senate regarding combating domestic radicalization.
I42Sec.1603.Sense of the Senate regarding oversight of Homeland Security.
I42Sec.1604.Report regarding border security.
I42Sec.1605.Law Enforcement Assistance Force.
I42Sec.1606.Quadrennial homeland security review.
I42Sec.1607.Integration of detection equipment and technologies.
I74TITLE XVII_911 MODERNIZATION
I42Sec.1701.Short title.
I42Sec.1702.Funding for program.
I42Sec.1703.NTIA coordination of Eÿ09911 implementation.
I74TITLE XVIII_MODERNIZATION OF THE AMERICAN NATIONAL RED CROSS
I42Sec.1801.Short title.
I42Sec.1802.Findings; Sense of Congress.
I42Sec.1803.Organization.
I42Sec.1804.Purposes.
I42Sec.1805.Membership and chapters.
I42Sec.1806.Board of governors.
I42Sec.1807.Powers.
I42Sec.1808.Annual meeting.
I42Sec.1809.Endowment fund.
I42Sec.1810.Annual report and audit.
I42Sec.1811.Comptroller General of the United States and Office of the Ombudsman.
I74TITLE XIX_ADVANCEMENT OF DEMOCRATIC VALUES
I42Sec.1901.Short title.
I42Sec.1902.Findings.
I42Sec.1903.Statement of policy.
I42Sec.1904.Definitions.
I74Subtitle A_Liaison Officers and Fellowship Program To Enhance the Promotion of Democracy
I42Sec.1911.Democracy Liaison Officers.
I42Sec.1912.Democracy Fellowship Program.
I42Sec.1913.Transparency of United States broadcasting to assist in oversight and ensure promotion of human rights and democracy in international broadcasts.
I74Subtitle B_Annual Report on Advancing Freedom and Democracy
I42Sec.1921.Annual report.
I42Sec.1922.Sense of Congress on translation of human rights reports.
I74Subtitle C_Advisory Committee on Democracy Promotion and the Internet Website of the Department of State
I42Sec.1931.Advisory Committee on Democracy Promotion.
I42Sec.1932.Sense of Congress on the Internet website of the Department of State.
I74Subtitle D_Training in Democracy and Human Rights; Promotions
I42Sec.1941.Sense of Congress on training in democracy and human rights.
I42Sec.1942.Sense of Congress on ADVANCE Democracy Award.
I42Sec.1943.Promotions.
I42Sec.1944.Programs by United States missions in foreign countries and activities of chiefs of mission.
I74Subtitle E_Alliances With Democratic Countries
I42Sec.1951.Alliances with democratic countries.
I74Subtitle F_Funding for Promotion of Democracy
I42Sec.1961.Sense of Congress on the United Nations Democracy Fund.
I42Sec.1962.The Human Rights and Democracy Fund.

S6203
I78TITLE I_IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
I78Subtitle A_Homeland Security Information Sharing Enhancement
I72SEC. 111. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION SHARING.
I20(a) T5Advisory System and Information SharingK._
I22(1) T4In generalK._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:
I72``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
I20``(a) T5RequirementK._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.
I20``(b) T5Required ElementsK._In administering the Homeland Security Advisory System, the Secretary shall_
I22``(1) establish criteria for the issuance and revocation of such warnings;
I22``(2) develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation of such warnings;
I22``(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
I22``(4) whenever possible, limit the scope of each such warning to a specific region, locality, or economic sector believed to be at risk.
I72``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.
I20``(a) T5Information SharingK._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.
I20``(b) T5Information Sharing and Knowledge Management OfficersK._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.
I20``(c) T5State, Local, and Private-Sector Sources of InformationK._
I22``(1) T4Establishment of business processesK._The Chief Intelligence Officer shall_
I24``(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;
I24``(B) as appropriate, integrate such information into the information gathered by the Department and other departments and agencies of the Federal Government; and
I24``(C) make available such information, as appropriate, within the Department and to other departments and agencies of the Federal Government.
I22``(2) T4FeedbackK._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.
I20``(d) T5Training and Evaluation of EmployeesK._
I22``(1) T4TrainingK._The Chief Intelligence Officer shall provide to employees of the Department opportunities for training and education to develop an understanding of_
I24``(A) the definition of homeland security information; and
I24``(B) how information available to such employees as part of their duties_
I26``(i) might qualify as homeland security information; and
I26``(ii) might be relevant to the intelligence components of the Department.
I22``(2) T4EvaluationsK._The Chief Intelligence Officer shall_
I24``(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
I24``(B) provide a report regarding any evaluation under subparagraph (A) to the appropriate component heads.
I72``SEC. 205. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.
I20``All activities to comply with sections 203 and 204 shall be_
I22``(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
I22``(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.''.
I22(2) T4Technical and conforming amendmentsK._
I24(A) T4In generalK._Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended_
I26(i) by striking paragraph (7); and
I26(ii) by redesignating paragraphs (8) through (19) as paragraphs (7) through (18), respectively.
I24(B) T4Table of contentsK._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:
Q10

S6213
I42``Sec.203.Homeland Security Advisory System.
I42``Sec.204.Homeland Security Information Sharing.
I42``Sec.205.Coordination with information sharing environment.''.

S6203
I20(b) T5Intelligence Component DefinedK._
I22(1) T4In generalK._Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended_
I24(A) by redesignating paragraphs (9) through (16) as paragraphs (10) through (17), respectively; and
I24(B) by inserting after paragraph (8) the following:
I22``(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.''.
I22(2) T4Technical and conforming amendmentsK._
I24(A) T4Homeland security act of 2002K._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)''.
I24(B) T4Other lawK._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))''.
I20(c) T5Responsibilities of the Under Secretary for Information Analysis and Infrastructure ProtectionK._Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended_
I22(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
I22(2) by striking paragraph (7), as redesignated by subsection (a)(2)(A) of this section, and inserting the following:
I22``(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.''.
I72SEC. 112. INFORMATION SHARING.
I20Section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485) is amended_
I22(1) in subsection (a)_
I24(A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;
I24(B) by inserting before paragraph (2), as so redesignated, the following:
I22``(1) T4Homeland security informationK._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).'';
I24(C) in paragraph (5), as so redesignated_
I26(i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margin accordingly;
I26(ii) by striking ``ÿ1A`terrorism information' means'' and inserting the following: ``ÿ1A`terrorism information'_
I24``(A) means'';
I26(iii) in subparagraph (A)(iv), as so redesignated, by striking the period at the end and inserting ``; and''; and
I26(iv) by adding at the end the following:
I24``(B) includes homeland security information and weapons of mass destruction information.''; and
I24(D) by adding at the end the following:
I22``(6) T4Weapons of mass destruction informationK._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.'';
I22(2) in subsection (b)(2)_
I24(A) in subparagraph (H), by striking ``and'' at the end;
I24(B) in subparagraph (I), by striking the period at the end and inserting a semicolon; and
I24(C) by adding at the end the following:
I24``(J) integrates the information within the scope of the information sharing environment, including any such information in legacy technologies;
I24``(K) integrates technologies, including all legacy technologies, through Internet-based services;
I24``(L) allows the full range of analytic and operational activities without the need to centralize information within the scope of the information sharing environment;
I24``(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;
I24``(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
I24``(O) incorporates continuous, real-time, and immutable audit capabilities, to the maximum extent practicable.'';
I22(3) in subsection (f)_
I24(A) in paragraph (1)_
I26(i) by striking ``during the two-year period beginning on the date of designation under this paragraph unless sooner'' and inserting ``until''; and
I26(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
I24(B) in paragraph (2)(A)_
I26(i) by redesignating clause (iii) as clause (v); and
I26(ii) by striking clause (ii) and inserting the following:
I26``(ii) assist in the development of policies, as appropriate, to foster the development and proper operation of the ISE;
I26``(iii) issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper operation of the ISE;
I26``(iv) identify and resolve information sharing disputes between Federal departments, agencies, and components; and'';
I22(4) in subsection (g)_
I24(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'';
I24(B) in paragraph (2)_
I26(i) in subparagraph (F), by striking ``and'' at the end;
I26(ii) by redesignating subparagraph (G) as subparagraph (I); and
I26(iii) by inserting after subparagraph (F) the following:
I24``(G) assist the program manager in identifying and resolving information sharing disputes between Federal departments, agencies, and components;
I24``(H) identify appropriate personnel for assignment to the program manager to support staffing needs identified by the program manager; and'';
I24(C) in paragraph (4), by inserting ``(including any subsidiary group of the Information Sharing Council)'' before ``shall not be subject''; and
I24(D) by adding at the end the following:
I22``(5) T4DetaileesK._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).'';
I22(5) in subsection (h)(1), by striking ``and annually thereafter'' and inserting ``and not later than June 30 of each year thereafter''; and
I22(6) by striking subsection (j) and inserting the following:
I20``(j) T5Report on the Information Sharing EnvironmentK._
I22``(1) T4In generalK._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_
I24``(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_
I26``(i) specifically exempted categories of information from such elimination; and
I26``(ii) reported that exemption to the committees of Congress described in the matter preceding this subparagraph; and
I24``(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;
I24``(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
I24``(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_
I26``(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
I26``(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.
I22``(2) T4DefinitionK._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.
I20``(k) T5Additional PositionsK._The program manager is authorized to hire not more than 40 full-time employees to assist the program manager in_
I22``(1) identifying and resolving information sharing disputes between Federal departments, agencies, and components under subsection (f)(2)(A)(iv); and
I22``(2) other activities associated with the implementation of the information sharing environment, including_
I24``(A) implementing the requirements under subsection (b)(2); and
I24``(B) any additional implementation initiatives to enhance and expedite the creation of the information sharing environment.
I20``(l) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2008 and 2009.''.
I72SEC. 113. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL GOVERNMENT OFFICIALS.
I20(a) T5CurriculumK._The Secretary, acting through the Chief Intelligence Officer, shall_
I22(1) develop curriculum for the training of State, local, and tribal government officials relating to the handling, review, and development of intelligence material; and
I22(2) ensure that the curriculum includes executive level training.
I20(b) T5TrainingK._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.
I20(c) T5ConsultationK._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.
I20(d) T5Authorization of AppropriationsK._There are authorized to be appropriated such sums as are necessary to carry out this section.
I72SEC. 114. INFORMATION SHARING INCENTIVES.
I20(a) T5AwardsK._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.
I20(b) T5Other IncentivesK._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_
I22(1) promotions and other nonmonetary awards; and
I22(2) publicizing information sharing accomplishments by individual employees and, where appropriate, the tangible end benefits that resulted.
I78Subtitle B_Homeland Security Information Sharing Partnerships
I72SEC. 121. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.
I20(a) T5In GeneralK._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:
I72``SEC. 206. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.
I20``(a) T5DefinitionsK._In this section_
I22``(1) the term `Chief Intelligence Officer' means the Chief Intelligence Officer of the Department;
I22``(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;
I22``(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);
I22``(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;
I22``(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
I22``(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).
I20``(b) T5EstablishmentK._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.
I20``(c) T5Department Support and CoordinationK._Through the State, Local, and Regional Fusion Center Initiative, the Secretary shall_
I22``(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;
I22``(2) provide operational and intelligence advice and assistance to State, local, and regional fusion centers;
I22``(3) support efforts to include State, local, and regional fusion centers into efforts to establish an information sharing environment;
I22``(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;
I22``(5) coordinate with other relevant Federal entities engaged in homeland security-related activities;
I22``(6) provide analytic and reporting advice and assistance to State, local, and regional fusion centers;
I22``(7) review homeland security information gathered by State, local, and regional fusion centers and incorporate relevant information with homeland security information of the Department;
I22``(8) provide management assistance to State, local, and regional fusion centers;
I22``(9) serve as a point of contact to ensure the dissemination of relevant homeland security information;
I22``(10) facilitate close communication and coordination between State, local, and regional fusion centers and the Department;
I22``(11) provide State, local, and regional fusion centers with expertise on Department resources and operations;
I22``(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
I22``(13) carry out such other duties as the Secretary determines are appropriate.
I20``(d) T5Personnel AssignmentK._
I22``(1) T4In generalK._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.
I22``(2) T4Personnel sourcesK._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:
I24``(A) Office of Intelligence and Analysis, or its successor.
I24``(B) Office of Infrastructure Protection.
I24``(C) Transportation Security Administration.
I24``(D) United States Customs and Border Protection.
I24``(E) United States Immigration and Customs Enforcement.
I24``(F) United States Coast Guard.
I24``(G) Other intelligence components of the Department, as determined by the Secretary.
I22``(3) T4ParticipationK._
I24``(A) T4In generalK._The Secretary may develop qualifying criteria for a fusion center to participate in the assigning of Department officers or intelligence analysts under this section.
I24``(B) T4CriteriaK._Any criteria developed under subparagraph (A) may include_
I26``(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;
I26``(ii) whether the fusion center has sufficient numbers of adequately trained personnel to support a broad counterterrorism mission;
I26``(iii) whether the fusion center has_
I28``(I) access to relevant law enforcement, emergency response, private sector, open source, and national security data; and
I28``(II) the ability to share and analytically exploit that data for authorized purposes;
I26``(iv) whether the fusion center is adequately funded by the State, local, or regional government to support its counterterrorism mission; and
I26``(v) the relevancy of the mission of the fusion center to the particular source component of Department officers or intelligence analysts.
I22``(4) T4PrerequisiteK._
I24``(A) T4Intelligence analysis, privacy, and civil liberties trainingK._Before being assigned to a fusion center under this section, an officer or intelligence analyst shall undergo_
I26``(i) appropriate intelligence analysis or information sharing training using an intelligence-led policing curriculum that is consistent with_
I28``(I) standard training and education programs offered to Department law enforcement and intelligence personnel; and
I28``(II) the Criminal Intelligence Systems Operating Policies under part 23 of title 28, Code of Federal Regulations (or any corresponding similar regulation or ruling);
I26``(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
I26``(iii) such other training prescribed by the Chief Intelligence Officer.
I24``(B) T4Prior work experience in areaK._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_
I26``(i) has been previously assigned in the geographic area; or
I26``(ii) has previously worked with intelligence officials or emergency response providers from that State, locality, or region.
I22``(5) T4Expedited security clearance processingK._The Chief Intelligence Officer_
I24``(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
I24``(B) may request that security clearance processing be expedited for each such officer or intelligence analyst.
I22``(6) T4Further qualificationsK._Each officer or intelligence analyst assigned to a fusion center under this section shall satisfy any other qualifications the Chief Intelligence Officer may prescribe.
I20``(e) T5ResponsibilitiesK._An officer or intelligence analyst assigned to a fusion center under this section shall_
I22``(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;
I22``(2) review homeland security-relevant information from law enforcement agencies and other emergency response providers of State, local, and tribal government;
I22``(3) create intelligence and other information products derived from such information and other homeland security-relevant information provided by the Department;
I22``(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
I22``(5) assist in the dissemination of such products to the Chief Intelligence Officer for collection and dissemination to other fusion centers.
I20``(f) T5Database AccessK._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.
I20``(g) T5Consumer FeedbackK._
I22``(1) T4In generalK._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.
I22``(2) T4ResultsK._The results of the voluntary feedback under paragraph (1) shall be provided electronically to Congress and appropriate personnel of the Department.
I20``(h) T5Rule of ConstructionK._
I22``(1) T4In generalK._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).
I22``(2) T4ParticipationK._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.
I20``(i) T5GuidelinesK._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_
I22``(1) collaboratively develop a mission statement, identify expectations and goals, measure performance, and determine effectiveness for that fusion center;
I22``(2) create a representative governance structure that includes emergency response providers and, as appropriate, the private sector;
I22``(3) create a collaborative environment for the sharing of information and intelligence among Federal, State, tribal, and local government agencies (including emergency response providers), the private sector, and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment;
I22``(4) leverage the databases, systems, and networks available from public and private sector entities to maximize information sharing;
I22``(5) develop, publish, and adhere to a privacy and civil liberties policy consistent with Federal, State, and local law;
I22``(6) ensure appropriate security measures are in place for the facility, data, and personnel;
I22``(7) select and train personnel based on the needs, mission, goals, and functions of that fusion center;
I22``(8) offer a variety of intelligence services and products to recipients of fusion center intelligence and information; and
I22``(9) incorporate emergency response providers, and, as appropriate, the private sector, into all relevant phases of the intelligence and fusion process through full time representatives or liaison officers.
I20``(j) T5Authorization of AppropriationsK._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.''.
I20(b) T5Technical and Conforming AmendmentK._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:
Q10

S6213
I42``Sec.206.State, Local, and Regional Information Fusion Center Initiative.''.

S6203
I20(c) T5ReportsK._
I22(1) T4Concept of operationsK._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_
I24(A) include a clear articulation of the purposes, goals, and specific objectives for which the program is being developed;
I24(B) identify stakeholders in the program and provide an assessment of their needs;
I24(C) contain a developed set of quantitative metrics to measure, to the extent possible, program output;
I24(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
I24(E) include a privacy and civil liberties impact assessment.
I22(2) T4Privacy and civil libertiesK._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.
I72SEC. 122. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
I20(a) T5Establishment of ProgramK._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:
I72``SEC. 207. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
I20``(a) T5EstablishmentK._
I22``(1) T4In generalK._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_
I24``(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_
I26``(i) the relevant missions and capabilities of the Department and other Federal agencies; and
I26``(ii) the role, programs, products, and personnel of the Office of Intelligence and Analysis; and
I24``(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_
I26``(i) serve as a point of contact in the Department to assist in the representation of State, local, and tribal homeland security information needs;
I26``(ii) identify homeland security information of interest to State, local, and tribal law enforcement officers, emergency response providers, and intelligence analysts; and
I26``(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.
I22``(2) T4Program nameK._The program under this section shall be known as the `Homeland Security Information Sharing Fellows Program'.
I20``(b) T5EligibilityK._
I22``(1) T4In generalK._In order to be eligible for selection as an Information Sharing Fellow under the program under this section, an individual shall_
I24``(A) have homeland security-related responsibilities;
I24``(B) be eligible for an appropriate national security clearance;
I24``(C) possess a valid need for access to classified information, as determined by the Chief Intelligence Officer;
I24``(D) be an employee of an eligible entity; and
I24``(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).
I22``(2) T4Eligible entitiesK._In this subsection, the term `eligible entity' means_
I24``(A) a State, local, or regional fusion center;
I24``(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;
I24``(C) a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary;
I24``(D) a tribal law enforcement or other authority; or
I24``(E) such other entity as the Secretary determines is appropriate.
I20``(c) T5Optional ParticipationK._No State, local, or tribal law enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program.
I20``(d) T5Procedures for Nomination and SelectionK._
I22``(1) T4In generalK._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.
I22``(2) T4LimitationsK._The Chief Intelligence Officer shall_
I24``(A) select law enforcement officers and intelligence analysts representing a broad cross-section of State, local, and tribal agencies; and
I24``(B) ensure that the number of Information Sharing Fellows selected does not impede the activities of the Office of Intelligence and Analysis.
I20``(e) T5DefinitionsK._In this section_
I22``(1) the term `Chief Intelligence Officer' means the Chief Intelligence Officer of the Department; and
I22``(2) the term `Office of Intelligence and Analysis' means the office of the Chief Intelligence Officer.''.
I20(b) T5Technical and Conforming AmendmentK._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:
Q10

S6213
I42``Sec.207.Homeland Security Information Sharing Fellows Program.''.

S6203
I20(c) T5ReportsK._
I22(1) T4Concept of operationsK._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.
I22(2) T4Review of privacy impactK._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.
I72SEC. 123. RURAL POLICING INSTITUTE.
I20(a) T5In GeneralK._There is established a Rural Policing Institute, which shall be administered by the Office of State and Local Training of the Federal Law Enforcement Training Center (based in Glynco, Georgia), to_
I22(1) evaluate the needs of law enforcement agencies of units of local government and tribal governments located in rural areas;
I22(2) develop expert training programs designed to address the needs of rural law enforcement agencies regarding combating methamphetamine addiction and distribution, domestic violence, law enforcement response related to school shootings, and other topics identified in the evaluation conducted under paragraph (1);
I22(3) provide the training programs described in paragraph (2) to law enforcement agencies of units of local government and tribal governments located in rural areas; and
I22(4) conduct outreach efforts to ensure that training programs under the Rural Policing Institute reach law enforcement officers of units of local government and tribal governments located in rural areas.
I20(b) T5CurriculaK._The training at the Rural Policing Institute established under subsection (a) shall be configured in a manner so as to not duplicate or displace any law enforcement program of the Federal Law Enforcement Training Center in existence on the date of enactment of this Act.
I20(c) T5DefinitionK._In this section, the term ``rural'' means area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget.
I20(d) T5Authorization of AppropriationsK._There are authorized to be appropriated to carry out this section (including for contracts, staff, and equipment)_
I22(1) $10,000,000 for fiscal year 2008; and
I22(2) $5,000,000 for each of fiscal years 2009 through 2013.
I78Subtitle C_Interagency Threat Assessment and Coordination Group
I72SEC. 131. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.
I20(a) T5In GeneralK._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'').
I20(b) T5ResponsibilitiesK._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.
I20(c) T5OperationsK._
I22(1) T4In generalK._The ITACG shall be located at the facilities of the National Counterterrorism Center of the Office of the Director of National Intelligence.
I22(2) T4ManagementK._
I24(A) T4In generalK._The Secretary shall assign a senior level officer to manage and direct the administration of the ITACG.
I24(B) T4DistributionK._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.
I24(C) T4Standards for admissionK._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.
I20(d) T5MembershipK._
I22(1) T4In generalK._The ITACG shall include representatives of_
I24(A) the Department;
I24(B) the Federal Bureau of Investigation;
I24(C) the Department of Defense;
I24(D) the Department of Energy;
I24(E) law enforcement and intelligence officials from State, local, and tribal governments, as appropriate; and
I24(F) other Federal entities as appropriate.
I22(2) T4CriteriaK._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.
I20(e) T5Inapplicability of the Federal Advisory Committee ActK._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.).
I78TITLE II_HOMELAND SECURITY GRANTS
I72SEC. 201. SHORT TITLE.
I20This title may be cited as the ``Homeland Security Grant Enhancement Act of 2007''.
I72SEC. 202. HOMELAND SECURITY GRANT PROGRAM.
I20The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following:
I78``TITLE XX_HOMELAND SECURITY GRANTS
I72``SEC. 2001. DEFINITIONS.
I20``In this title, the following definitions shall apply:
I22``(1) T4AdministratorK._The term `Administrator' means the Administrator of the Federal Emergency Management Agency.
I22``(2) T4Combined statistical areaK._The term `combined statistical area' means a combined statistical area, as defined by the Office of Management and Budget.
I22``(3) T4Directly eligible tribeK._The term `directly eligible tribe' means_
I24``(A) any Indian tribe that_
I26``(i) is located in the continental United States;
I26``(ii) operates a law enforcement or emergency response agency with the capacity to respond to calls for law enforcement or emergency services;
I26``(iii) is located_
I28``(I) on, or within 50 miles of, an international border or a coastline bordering an ocean or international waters;
I28``(II) within 10 miles of critical infrastructure or has critical infrastructure within its territory; or
I28``(III) within or contiguous to 1 of the 50 largest metropolitan statistical areas in the United States; and
I26``(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
I24``(B) a consortium of Indian tribes, if each tribe satisfies the requirements of subparagraph (A).
I22``(4) T4Eligible metropolitan areaK._The term `eligible metropolitan area' means the following:
I24``(A) T4In generalK._A combination of 2 or more incorporated municipalities, counties, parishes, or Indian tribes that_
I26``(i) is within_
I28``(I) any of the 100 largest metropolitan statistical areas in the United States; or
I28``(II) any combined statistical area, of which any metropolitan statistical area described in subparagraph (A) is a part; and
I26``(ii) includes the city with the largest population in that metropolitan statistical area.
I24``(B) T4Other combinationsK._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.
I24``(C) T4Inclusion of additional local governmentsK._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.
I22``(5) T4Indian tribeK._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)).
I22``(6) T4Metropolitan statistical areaK._The term `metropolitan statistical area' means a metropolitan statistical area, as defined by the Office of Management and Budget.
I22``(7) T4National special security eventK._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.
I22``(8) T4PopulationK._The term `population' means population according to the most recent United States census population estimates available at the start of the relevant fiscal year.
I22``(9) T4Population densityK._The term `population density' means population divided by land area in square miles.
I22``(10) T4Target capabilitiesK._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)).
I22``(11) T4Tribal governmentK._The term `tribal government' means the government of an Indian tribe.
I72``SEC. 2002. HOMELAND SECURITY GRANT PROGRAM.
I20``(a) T5Grants AuthorizedK._The Secretary, through the Administrator, may award grants to State, local, and tribal governments for the purposes of this title.
I20``(b) T5Programs Not AffectedK._This title shall not be construed to affect any authority to award grants under any of the following Federal programs:
I22``(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).
I22``(2) The Urban Search and Rescue Grant Program authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
I22``(3) Grants to protect critical infrastructure, including port security grants authorized under section 70107 of title 46, United States Code, and the grants authorized in title XIV and XV of the Improving America's Security Act of 2007.
I22``(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).
I22``(5) Grant programs other than those administered by the Department.
I20``(c) T5Relationship to Other LawsK._
I22``(1) T4In generalK._The grant programs authorized under this title shall supercede all grant programs authorized under section 1014 of the USA PATRIOT Act (42 U.S.C. 3714).
I22``(2) T4Program integrityK._Each grant program under this title, section 1809 of this Act, or section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 763) shall include, consistent with the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note), policies and procedures for_
I24``(A) identifying activities funded under any such grant program that are susceptible to significant improper payments; and
I24``(B) reporting the incidence of improper payments to the Department.
I22``(3) T4AllocationK._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.
I20``(d) T5Minimum Performance RequirementsK._
I22``(1) T4In generalK._The Administrator shall_
I24``(A) establish minimum performance requirements for entities that receive homeland security grants;
I24``(B) conduct, in coordination with State, regional, local, and tribal governments receiving grants under this title, section 1809 of this Act, or section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 763), simulations and exercises to test the minimum performance requirements established under subparagraph (A) for_
I26``(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
I26``(ii) catastrophic incidents (as that term is defined in section 501) not less than once each year; and
I24``(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_
I26``(i) establishing a plan for the achievement of the minimum performance requirements under subparagraph (A), including_
I28``(I) developing intermediate indicators for the 2 fiscal years following the date of such determination; and
I28``(II) conducting additional simulations and exercises; and
I26``(ii) revising an entity's homeland security plan, if necessary, to achieve the minimum performance requirements under subparagraph (A).
I22``(2) T4WaiverK._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).
I22``(3) T4Report to congressK._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_
I24``(A) the performance of grantees under paragraph (1)(A);
I24``(B) lessons learned through the simulations and exercises under paragraph (1)(B); and
I24``(C) efforts being made to remedy failed performance under paragraph (1)(C).
I72``SEC. 2003. URBAN AREA SECURITY INITIATIVE.
I20``(a) T5EstablishmentK._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.
I20``(b) T5ApplicationK._
I22``(1) T4In generalK._An eligible metropolitan area may apply for grants under this section.
I22``(2) T4Annual applicationsK._Applicants for grants under this section shall apply or reapply on an annual basis for grants distributed under the program.
I22``(3) T4InformationK._In an application for a grant under this section, an eligible metropolitan area shall submit_
I24``(A) a plan describing the proposed division of responsibilities and distribution of funding among the local and tribal governments in the eligible metropolitan area;
I24``(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
I24``(C) such information in support of the application as the Administrator may reasonably require.
I20``(c) T5State Review and TransmissionK._
I22``(1) T4In generalK._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.
I22``(2) T4DeadlineK._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.
I22``(3) T4State disagreementK._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_
I24``(A) notify the Administrator, in writing, of that fact; and
I24``(B) provide an explanation of the reason for not supporting the application at the time of transmission of the application.
I20``(d) T5PrioritizationK._In allocating funds among metropolitan areas applying for grants under this section, the Administrator shall consider_
I22``(1) the relative threat, vulnerability, and consequences faced by the eligible metropolitan area from a terrorist attack, including consideration of_
I24``(A) the population of the eligible metropolitan area, including appropriate consideration of military, tourist, and commuter populations;
I24``(B) the population density of the eligible metropolitan area;
I24``(C) the history of threats faced by the eligible metropolitan area, including_
I26``(i) whether there has been a prior terrorist attack in the eligible metropolitan area; and
I26``(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;
I24``(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;
I24``(E) whether the eligible metropolitan area is located at or near an international border;
I24``(F) whether the eligible metropolitan area has a coastline bordering ocean or international waters;
I24``(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;
I24``(H) the most current threat assessments available to the Department;
I24``(I) the extent to which the eligible metropolitan area has unmet target capabilities;
I24``(J) the extent to which the eligible metropolitan area includes_
I26``(i) all incorporated municipalities, counties, parishes, and Indian tribes within the relevant metropolitan statistical area or combined statistical area the inclusion of which will enhance regional efforts to prevent, prepare for, protect against, respond to, and recover from acts of terrorism; and
I26``(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
I24``(K) such other factors as are specified in writing by the Administrator; and
I22``(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.
I20``(e) T5Opportunity to AmendK._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.
I20``(f) T5Allowable UsesK._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_
I22``(1) developing and enhancing State, local, or regional plans, risk assessments, or mutual aid agreements;
I22``(2) purchasing, upgrading, storing, or maintaining equipment;
I22``(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;
I22``(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;
I22``(5) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers that comply with the guidelines established under section 206(i);
I22``(6) protecting critical infrastructure and key resources identified in the Critical Infrastructure List established under section 1101 of the Improving America's Security Act of 2007, including the payment of appropriate personnel costs;
I22``(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
I22``(8) any other activity relating to achieving target capabilities approved by the Administrator.
I20``(g) T5Distribution of Awards to Metropolitan AreasK._
I22``(1) T4In generalK._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.
I22``(2) T4State distribution of fundsK._
I24``(A) T4In generalK._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.
I24``(B) T4Funds retainedK._A State shall provide each relevant eligible metropolitan area with an accounting of the items or services on which any funds retained by the State under subparagraph (A) were expended.
I22``(3) T4Multistate regionsK._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_
I24``(A) a portion of the grant funds in accordance with the proposed distribution set forth in the application; or
I24``(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.
I20``(h) T5Authorization of AppropriationsK._There are authorized to be appropriated for grants under this section_
I22``(1) for fiscal year 2007, such sums as are necessary;
I22``(2) for each of fiscal years 2008, 2009, and 2010, $1,278,639,000; and
I22``(3) for fiscal year 2011, and each fiscal year thereafter, such sums as are necessary.
I72``SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.
I20``(a) T5EstablishmentK._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.
I20``(b) T5ApplicationK._
I22``(1) T4In generalK._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.
I22``(2) T4Annual applicationsK._Applicants for grants under this section shall apply or reapply on an annual basis for grants distributed under the program.
I20``(c) T5PrioritizationK._In allocating funds among States applying for grants under this section, the Administrator shall consider_
I22``(1) the relative threat, vulnerability, and consequences faced by a State from a terrorist attack, including consideration of_
I24``(A) the size of the population of the State, including appropriate consideration of military, tourist, and commuter populations;
I24``(B) the population density of the State;
I24``(C) the history of threats faced by the State, including_
I26``(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
I26``(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;
I24``(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;
I24``(E) whether the State has an international border;
I24``(F) whether the State has a coastline bordering ocean or international waters;
I24``(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;
I24``(H) the most current threat assessments available to the Department;
I24``(I) the extent to which the State has unmet target capabilities; and
I24``(J) such other factors as are specified in writing by the Administrator;
I22``(2) the anticipated effectiveness of the proposed spending plan of the State in increasing the ability of the State to_
I24``(A) prevent, prepare for, protect against, respond to, and recover from terrorism;
I24``(B) meet the target capabilities of the State; and
I24``(C) otherwise reduce the overall risk to the State and the Nation; and
I22``(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.
I20``(d) T5Minimum AllocationK._In allocating funds under subsection (c), the Administrator shall ensure that, for each fiscal year_
I22``(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
I22``(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.
I20``(e) T5Multistate PartnershipsK._
I22``(1) T4In generalK._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.
I22``(2) T4GranteesK._Multistate grants may be awarded to either_
I24``(A) an individual State acting on behalf of a consortium or partnership of States with the consent of all member States; or
I24``(B) a group of States applying as a consortium or partnership.
I22``(3) T4Administration of grantK._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_
I24``(A) the division of responsibilities for administering the grant; and
I24``(B) the distribution of funding among the various States and entities that are party to the application.
I20``(f) T5Funding for Local and Tribal GovernmentsK._
I22``(1) T4In generalK._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_
I24``(A) not less than 80 percent of the grant funds;
I24``(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
I24``(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.
I22``(2) T4Extension of periodK._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.
I22``(3) T4Indian tribesK._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.
I22``(4) T4ExceptionK._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.
I20``(g) T5Grants to Directly Eligible TribesK._
I22``(1) T4In generalK._Notwithstanding subsection (b), the Secretary may award grants to directly eligible tribes under this section.
I22``(2) T4Tribal applicationsK._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).
I22``(3) T4State reviewK._
I24``(A) T4In generalK._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.
I24``(B) T4DeadlineK._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.
I24``(C) T4State disagreementK._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_
I26``(i) notify the Administrator, in writing, of that fact; and
I26``(ii) provide an explanation of the reason for not supporting the application at the time of transmission of the application.
I22``(4) T4Distribution of awards to directly eligible tribesK._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.
I22``(5) T4Tribal liaisonK._A directly eligible tribe applying for a grant under this section shall designate a specific individual to serve as the tribal liaison who shall_
I24``(A) coordinate with Federal, State, local, regional, and private officials concerning terrorism preparedness;
I24``(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
I24``(C) administer, in consultation with State, local, regional, and private officials, grants awarded to such tribe.
I22``(6) T4Tribes receiving direct grantsK._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.
I22``(7) T4Rule of constructionK._Nothing in this section shall be construed to affect the authority of an Indian tribe that receives funds under this section.
I20``(h) T5Opportunity To AmendK._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.
I20``(i) T5Allowable UsesK._Grants awarded under this section may be used to achieve target capabilities, consistent with a State homeland security plan, through_
I22``(1) developing and enhancing State, local, tribal, or regional plans, risk assessments, or mutual aid agreements;
I22``(2) purchasing, upgrading, storing, or maintaining equipment;
I22``(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;
I22``(4) responding to an increase in the threat level under the Homeland Security Advisory System, including payment of overtime and backfill costs;
I22``(5) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers, that comply with the guidelines established under section 206(i);
I22``(6) protecting critical infrastructure and key resources identified in the Critical Infrastructure List established under section 1101 of the Improving America's Security Act of 2007, including the payment of appropriate personnel costs;
I22``(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
I22``(8) any other activity relating to achieving target capabilities approved by the Administrator.
I20``(j) T5Authorization of AppropriationsK._There are authorized to be appropriated for grants under this section_
I22``(1) for fiscal year 2007, such sums as are necessary;
I22``(2) for each of fiscal years 2008, 2009, and 2010, $913,180,500; and
I22``(3) for fiscal year 2011, and each fiscal year thereafter, such sums as are necessary.
I72``SEC. 2005. TERRORISM PREVENTION.
I20``(a) T5Law Enforcement Terrorism Prevention ProgramK._
I22``(1) T4In generalK._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.
I22``(2) T4Use of fundsK._Grants awarded under this subsection may be used for_
I24``(A) information sharing to preempt terrorist attacks;
I24``(B) target hardening to reduce the vulnerability of selected high value targets;
I24``(C) threat recognition to recognize the potential or development of a threat;
I24``(D) intervention activities to interdict terrorists before they can execute a threat;
I24``(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;
I24``(F) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers that comply with the guidelines established under section 206(i);
I24``(G) any other activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the Law Enforcement Terrorism Prevention Program; and
I24``(H) any other terrorism prevention activity authorized by the Administrator.
I20``(b) T5Office for the Prevention of TerrorismK._
I22``(1) T4EstablishmentK._There is established in the Department an Office for the Prevention of Terrorism, which shall be headed by a Director.
I22``(2) T4DirectorK._
I24``(A) T4ReportingK._The Director of the Office for the Prevention of Terrorism shall report directly to the Secretary.
I24``(B) T4QualificationsK._The Director of the Office for the Prevention of Terrorism shall have an appropriate background with experience in law enforcement, intelligence, and other antiterrorist functions.
I22``(3) T4Assignment of personnelK._
I24``(A) T4In generalK._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.
I24``(B) T4LiaisonsK._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.
I22``(4) T4ResponsibilitiesK._The Director of the Office for the Prevention of Terrorism shall_
I24``(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;
I24``(B) serve as a liaison between State, local, and tribal law enforcement agencies and the Department;
I24``(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;
I24``(D) work with the Administrator to ensure that homeland security grants to State, local, and tribal government agencies, including grants under this title, the Commercial Equipment Direct Assistance Program, and grants to support fusion centers and other law enforcement-oriented programs are adequately focused on terrorism prevention activities, including through review of budget requests for those programs; and
I24``(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.
I22``(5) T4Pilot projectK._
I24``(A) T4In generalK._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.
I24``(B) T4FunctionK._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.
I22``(6) T4ConstructionK._Nothing in this section may be construed to affect the roles or responsibilities of the Department of Justice.
I72``SEC. 2006. RESTRICTIONS ON USE OF FUNDS.
I20``(a) T5Limitations on UseK._
I22``(1) T4ConstructionK._
I24``(A) T4In generalK._Grants awarded under this title may not be used to acquire land or to construct buildings or other physical facilities.
I24``(B) T4ExceptionsK._
I26``(i) T4In generalK._Notwithstanding subparagraph (A), nothing in this paragraph shall prohibit the use of grants awarded under this title to achieve target capabilities through_
I28``(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
I28``(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.
I26``(ii) T4Requirements for exceptionK._No grant awards may be used for the purposes under clause (i) unless_
I28``(I) specifically approved by the Administrator;
I28``(II) the construction occurs under terms and conditions consistent with the requirements under section 611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9)); and
I28``(III) the amount allocated for purposes under clause (i) does not exceed 20 percent of the grant award.
I22``(2) T4PersonnelK._
I24``(A) T4In generalK._For any grant awarded under section 2003 or 2004_
I26``(i) not more than 25 percent of the amount awarded to a grant recipient may be used to pay overtime and backfill costs; and
I26``(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).
I24``(B) T4WaiverK._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).
I24``(C) T4Exception.K The limitations under subparagraph (A) shall not apply to activities permitted under the full-time counterterrorism staffing pilot, as described in the Fiscal Year 2007 Program Guidance of the Department for the Urban Area Security Initiative.
I22``(3) T4RecreationK._Grants awarded under this title may not be used for recreational or social purposes.
I20``(b) T5Multiple-Purpose FundsK._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.
I20``(c) T5Equipment StandardsK._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.
I20``(d) T5Supplement Not SupplantK._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.
I72``SEC. 2007. ADMINISTRATION AND COORDINATION.
I20``(a) T5AdministratorK._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.
I20``(b) T5National Advisory CouncilK._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.
I20``(c) T5Regional CoordinationK._The Administrator shall ensure that_
I22``(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
I22``(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.
I20``(d) T5Planning CommitteesK._
I22``(1) T4In generalK._Any State or metropolitan area receiving grants under section 2003 or 2004 shall establish a planning committee to assist in preparation and revision of the State, regional, or local homeland security plan and to assist in determining effective funding priorities.
I22``(2) T4CompositionK._
I24``(A) T4In generalK._The planning committee shall include representatives of significant stakeholders, including_
I26``(i) local and tribal government officials; and
I26``(ii) emergency response providers, which shall include representatives of the fire service, law enforcement, emergency medical response, and emergency managers.
I24``(B) T4Geographic representationK._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.
I22``(3) T4Existing planning committeesK._Nothing in this subsection may be construed to require that any State or metropolitan area create a planning committee if that State or metropolitan area has established and uses a multijurisdictional planning committee or commission that meets the requirements of this subsection.
I20``(e) T5Interagency CoordinationK._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_
I22``(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;
I22``(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_
I24``(A) eliminate redundant and duplicative requirements, including onerous application and ongoing reporting requirements;
I24``(B) ensure accountability of the programs to the intended purposes of such programs;
I24``(C) coordinate allocation of grant funds to avoid duplicative or inconsistent purchases by the recipients; and
I24``(D) make the programs more accessible and user friendly to applicants; and
I22``(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.
I72``SEC. 2008. ACCOUNTABILITY.
I20``(a) T5Reports to CongressK._
I22``(1) T4Funding efficacyK._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_
I24``(A) have contributed to the progress of State, local, and tribal governments in achieving target capabilities; and
I24``(B) have led to the reduction of risk nationally and in State, local, and tribal jurisdictions.
I22``(2) T4Risk assessmentK._
I24``(A) T4In generalK._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_
I26``(i) all variables included in the risk assessment and the weights assigned to each;
I26``(ii) an explanation of how each such variable, as weighted, correlates to risk, and the basis for concluding there is such a correlation; and
I26``(iii) any change in the methodology from the previous fiscal year, including changes in variables considered, weighting of those variables, and computational methods.
I24``(B) T4Classified annexK._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.
I24``(C) T4DeadlineK._For each fiscal year, the information required under subparagraph (A) shall be provided on the earlier of_
I26``(i) October 31; or
I26``(ii) 30 days before the issuance of any program guidance for grants under sections 2003 and 2004.
I20``(b) T5Reviews and AuditsK._
I22``(1) T4Department reviewK._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.
I22``(2) T4Government accountability officeK._
I24``(A) T4Access to informationK._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.
I24``(B) T4Audits and reportsK._
I26``(i) T4AuditK._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 grants made under this title.
I26``(ii) T4ReportK._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_
I28``(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
I28``(II) whether the grant recipients have allocated funding consistent with the State homeland security plan and the guidelines established by the Department.
I22``(3) T4Audit requirementK._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.
I22``(4) T4Recovery auditsK._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.
I20``(c) T5Remedies for NoncomplianceK._
I22``(1) T4In generalK._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_
I24``(A) terminate any payment of grant funds to be made to the recipient under this title;
I24``(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
I24``(C) limit the use of grant funds received under this title to programs, projects, or activities not affected by the failure to comply.
I22``(2) T4Duration of penaltyK._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.
I22``(3) T4Direct fundingK._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.
I72``SEC. 2009. AUDITING.
I20``(a) T5Audits of GrantsK._
I22``(1) T4In generalK._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.
I22``(2) T4TimingK._The date described in this paragraph is the later of 2 years after_
I24``(A) the date of enactment of the Improving America's Security Act of 2007; and
I24``(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.
I22``(3) T4ContentsK._Each audit under this subsection shall evaluate_
I24``(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;
I24``(B) whether funds under that grant program were used by that entity as required by law; and
I24``(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
I24``(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.
I22``(4) T4Public availability on websiteK._The Inspector General of the Department shall make each audit under this subsection available on the website of the Inspector General.
I22``(5) T4ReportingK._
I24``(A) T4In generalK._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.
I24``(B) T4ContentsK._Each report submitted under this paragraph shall describe_
I26``(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
I26``(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;
I26``(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
I26``(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
I26``(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.
I20``(b) T5Audit of Other Preparedness GrantsK._
I22``(1) T4In generalK._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.
I22``(2) T4TimingK._The date described in this paragraph is the later of 2 years after_
I24``(A) the date of enactment of the Improving America's Security Act of 2007; and
I24``(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.
I22``(3) T4ContentsK._Each audit under this subsection shall evaluate_
I24``(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;
I24``(B) whether funds under each such grant program were used by that entity as required by law; and
I24``(C) the extent to which such funds were used to enhance preparedness.
I22``(4) T4Public availability on websiteK._The Inspector General of the Department shall make each audit under this subsection available on the website of the Inspector General.
I22``(5) T4ReportingK._
I24``(A) T4In generalK._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.
I24``(B) T4ContentsK._Each report submitted under this paragraph shall describe_
I26``(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
I26``(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;
I26``(ii) whether funds under each grant audited were used as required by law; and
I26``(iii) the extent to which funds under each grant audited were used to enhance preparedness.
I20``(c) T5Funding for AuditsK._
I22``(1) T4In generalK._The Administrator shall withhold 1 percent of the total amount of each grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, and the Emergency Management Performance Grant Program for audits under this section.
I22``(2) T4Availability of fundsK._The Administrator shall make amounts withheld under this subsection available as follows:
I24``(A) Amounts withheld from grants under the Urban Area Security Initiative shall be made available for audits under this section of entities receiving grants under the Urban Area Security Initiative.
I24``(B) Amounts withheld from grants under the State Homeland Security Grant Program shall be made available for audits under this section of entities receiving grants under the State Homeland Security Grant Program.
I24``(C) Amounts withheld from grants under the Emergency Management Performance Grant Program shall be made available for audits under this section of entities receiving grants under the Emergency Management Performance Grant Program.
I20``(d) T5DefinitionK._In this section, the term `Emergency Management Performance Grants Program' means the Emergency Management Performance Grants Program under section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 763; Public Law 109ÿ09295).
I72``SEC. 2010. SENSE OF THE SENATE.
I20``It is the sense of the Senate that, in order to ensure that the Nation is most effectively able to prevent, prepare for, protect against, respond to, recovery from, and mitigate against all hazards, including natural disasters, acts of terrorism, and other man-made disasters_
I22``(1) the Department should administer a coherent and coordinated system of both terrorism-focused and all-hazards grants, the essential building blocks of which include_
I24``(A) the Urban Area Security Initiative and State Homeland Security Grant Program established under this title (including funds dedicated to law enforcement terrorism prevention activities);
I24``(B) the Emergency Communications Operability and Interoperable Communications Grants established under section 1809; and
I24``(C) the Emergency Management Performance Grants Program authorized under section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 763); and
I22``(2) to ensure a continuing and appropriate balance between terrorism-focused and all-hazards preparedness, the amounts appropriated for grants under the Urban Area Security Initiative, State Homeland Security Grant Program, and Emergency Management Performance Grants Program in any fiscal year should be in direct proportion to the amounts authorized for those programs for fiscal year 2008 under the amendments made by titles II and IV, as applicable, of the Improving America's Security Act of 2007.''.
I72SEC. 203. EQUIPMENT TECHNICAL ASSISTANCE TRAINING.
I20(a) T5Sense of the SenateK._It is the sense of the Senate that the Department of Homeland Security shall conduct no fewer than 7,500 trainings annually through the Domestic Preparedness Equipment Technical Assistance Program.
I20(b) T5ReportK._The Secretary of Homeland Security shall report no later than September 30 annually to the Senate Homeland Security and Governmental Affairs Committee, the House Homeland Security Committee, Senate Appropriations Subcommittee on Homeland Security, and the House Appropriations Subcommittee on Homeland Security_
I20(a) on the number of trainings conducted that year through the Domestic Preparedness Equipment Technical Assistance Program; and
I20(b) if the number of trainings conducted that year is less than 7,500, an explanation of why fewer trainings were needed.

I72SEC. 204. TECHNICAL AND CONFORMING AMENDMENTS.
I20(a) T5In GeneralK._The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended_
I22(1) by redesignating title XVIII, as added by the SAFE Port Act (Public Law 109ÿ09347; 120 Stat. 1884), as title XIX;
I22(2) by redesignating sections 1801 through 1806, as added by the SAFE Port Act (Public Law 109ÿ09347; 120 Stat. 1884), as sections 1901 through 1906, respectively;
I22(3) in section 1904(a), as so redesignated, by striking ``section 1802'' and inserting ``section 1902''; and
I22(4) in section 1906, as so redesignated, by striking ``section 1802(a)'' each place that term appears and inserting ``section 1902(a)''.
I20(b) T5Table of ContentsK._The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by striking the items relating to title XVIII and sections 1801 through 1806, as added by the SAFE Port Act (Public Law 109ÿ09347; 120 Stat. 1884), and inserting the following:

S6213
I74``TITLE XIX_DOMESTIC NUCLEAR DETECTION OFFICE
I42``Sec.1901.Domestic Nuclear Detection Office.
I42``Sec.1902.Mission of Office.
I42``Sec.1903.Hiring authority.
I42``Sec.1904.Testing authority.
I42``Sec.1905.Relationship to other Department entities and Federal agencies.
I42``Sec.1906.Contracting and grant making authorities.
I74``TITLE XX_HOMELAND SECURITY GRANTS
I42``Sec.2001.Definitions.
I42``Sec.2002.Homeland Security Grant Program.
I42``Sec.2003.Urban Area Security Initiative.
I42``Sec.2004.State Homeland Security Grant Program.
I42``Sec.2005.Terrorism prevention.
I42``Sec.2006.Restrictions on use of funds.
I42``Sec.2007.Administration and coordination.
I42``Sec.2008.Accountability.
I42``Sec.2009.Auditing.
I42``Sec.2010.Sense of the Senate.''.

S6203
I78TITLE III_COMMUNICATIONS OPERABILITY AND INTEROPERABILITY
I72SEC. 301. DEDICATED FUNDING TO ACHIEVE EMERGENCY COMMUNICATIONS OPERABILITY AND INTEROPERABLE COMMUNICATIONS.
I20(a) T5Emergency Communications Operability and Interoperable CommunicationsK._
I22(1) T4In generalK._Title XVIII of the Homeland Security Act of 2002 (6 U.S.C. 571 et seq.) (relating to emergency communications) is amended by adding at the end the following:
I72``SEC. 1809. EMERGENCY COMMUNICATIONS OPERABILITY AND INTEROPERABLE COMMUNICATIONS GRANTS.
I20``(a) T5DefinitionsK._In this section:
I22``(1) T4AdministratorK._The term `Administrator' means the Administrator of the Federal Emergency Management Agency.
I22``(2) T4Emergency communications operabilityK._The term `emergency communications operability' means the ability to provide and maintain, throughout an emergency response operation, a continuous flow of information among emergency response providers, agencies, and government officers from multiple disciplines and jurisdictions and at all levels of government, in the event of a natural disaster, act of terrorism, or other man-made disaster, including where there has been significant damage to, or destruction of, critical infrastructure, including substantial loss of ordinary telecommunications infrastructure and sustained loss of electricity.
I20``(b) T5In GeneralK._The Administrator shall make grants to States for initiatives necessary to achieve, maintain, or enhance Statewide, regional, national and, as appropriate, international emergency communications operability and interoperable communications.
I20``(c) T5Statewide Interoperable Communications PlansK._
I22``(1) T4Submission of plansK._The Administrator shall require any State applying for a grant under this section to submit a Statewide Interoperable Communications Plan as described under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).
I22``(2) T4Coordination and consultationK._The Statewide plan submitted under paragraph (1) shall be developed_
I24``(A) in coordination with local and tribal governments, emergency response providers, and other relevant State officers; and
I24``(B) in consultation with and subject to appropriate comment by the applicable Regional Emergency Communications Coordination Working Group as described under section 1805.
I22``(3) T4ApprovalK._The Administrator may not award a grant to a State unless the Administrator, in consultation with the Director for Emergency Communications, has approved the applicable Statewide plan.
I22``(4) T4RevisionsK._A State may revise the applicable Statewide plan approved by the Administrator under this subsection, subject to approval of the revision by the Administrator.
I20``(d) T5ConsistencyK._The Administrator shall ensure that each grant is used to supplement and support, in a consistent and coordinated manner, any applicable State, regional, or urban area homeland security plan.
I20``(e) T5Use of Grant FundsK._Grants awarded under subsection (b) may be used for initiatives to achieve, maintain, or enhance emergency communications operability and interoperable communications, including_
I22``(1) Statewide or regional communications planning, including governance related activities;
I22``(2) system design and engineering;
I22``(3) system procurement and installation;
I22``(4) exercises;
I22``(5) modeling and simulation exercises for operational command and control functions;
I22``(6) technical assistance;
I22``(7) training; and
I22``(8) other appropriate activities determined by the Administrator to be integral to achieve, maintain, or enhance emergency communications operability and interoperable communications.
I20``(f) T5ApplicationK._
I22``(1) T4In generalK._A State desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Administrator may reasonably require.
I22``(2) T4Minimum contentsK._At a minimum, each application submitted under paragraph (1) shall_
I24``(A) identify the critical aspects of the communications life cycle, including planning, system design and engineering, procurement and installation, and training for which funding is requested;
I24``(B) describe how_
I26``(i) the proposed use of funds_
I28``(I) would be consistent with and address the goals in any applicable State, regional, or urban homeland security plan; and
I28``(II) unless the Administrator determines otherwise, are_
I30``(aa) consistent with the National Emergency Communications Plan under section 1802; and
I30``(bb) compatible with the national infrastructure and national voluntary consensus standards;
I26``(ii) the applicant intends to spend funds under the grant, to administer such funds, and to allocate such funds among participating local and tribal governments and emergency response providers;
I26``(iii) the State plans to allocate the grant funds on the basis of risk and effectiveness to regions, local and tribal governments to promote meaningful investments for achieving, maintaining, or enhancing emergency communications operability and interoperable communications;
I26``(iv) the State intends to address the emergency communications operability and interoperable communications needs at the city, county, regional, State, and interstate level; and
I26``(v) the State plans to emphasize regional planning and cooperation, both within the jurisdictional borders of that State and with neighboring States;
I24``(C) be consistent with the Statewide Interoperable Communications Plan required under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); and
I24``(D) include a capital budget and timeline showing how the State intends to allocate and expend the grant funds.
I20``(g) T5Award of GrantsK._
I22``(1) T4ConsiderationsK._In approving applications and awarding grants under this section, the Administrator shall consider_
I24``(A) the nature of the threat to the State from a natural disaster, act of terrorism, or other man-made disaster;
I24``(B) the location, risk, or vulnerability of critical infrastructure and key national assets, including the consequences from damage to critical infrastructure in nearby jurisdictions as a result of natural disasters, acts of terrorism, or other man-made disasters;
I24``(C) the size of the population of the State, including appropriate consideration of military, tourist, and commuter populations;
I24``(D) the population density of the State;
I24``(E) the extent to which grants will be utilized to implement emergency communications operability and interoperable communications solutions_
I26``(i) consistent with the National Emergency Communications Plan under section 1802 and compatible with the national infrastructure and national voluntary consensus standards; and
I26``(ii) more efficient and cost effective than current approaches;
I24``(F) the extent to which a grant would expedite the achievement, maintenance, or enhancement of emergency communications operability and interoperable communications in the State with Federal, State, local, and tribal governments;
I24``(G) the extent to which a State, given its financial capability, demonstrates its commitment to achieve, maintain, or enhance emergency communications operability and interoperable communications by supplementing Federal funds with non-Federal funds;
I24``(H) whether the State is on or near an international border;
I24``(I) whether the State encompasses an economically significant border crossing;
I24``(J) whether the State has a coastline bordering an ocean, a major waterway used for interstate commerce, or international waters;
I24``(K) the extent to which geographic barriers pose unusual obstacles to achieving, maintaining, or enhancing emergency communications operability or interoperable communications;
I24``(L) the threats, vulnerabilities, and consequences faced by the State related to at-risk sites or activities in nearby jurisdictions, including the need to respond to natural disasters, acts of terrorism, and other man-made disasters arising in those jurisdictions;
I24``(M) the need to achieve, maintain, or enhance nationwide emergency communications operability and interoperable communications, consistent with the National Emergency Communications Plan under section 1802;
I24``(N) whether the activity for which a grant is requested is being funded under another Federal or State emergency communications grant program; and
I24``(O) such other factors as are specified by the Administrator in writing.
I22``(2) T4Review panelK._
I24``(A) T4In generalK._The Secretary shall establish a review panel under section 871(a) to assist in reviewing grant applications under this section.
I24``(B) T4RecommendationsK._The review panel established under subparagraph (A) shall make recommendations to the Administrator regarding applications for grants under this section.
I24``(C) T4MembershipK._The review panel established under subparagraph (A) shall include