[110th CONGRESS House Bills]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: h1enr.txt]
[Enrolled Bill]
        H.R.1

                       One Hundred Tenth Congress

                                 of the

                        United States of America




          Begun and held at the City of Washington on Thursday,
            the fourth day of January, two thousand and seven


                                 An Act


 
To provide for the implementation of the recommendations of the National 
         Commission on Terrorist Attacks Upon the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Implementing 
Recommendations of the 9/11 Commission Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                    TITLE I--HOMELAND SECURITY GRANTS

Sec. 101. Homeland Security Grant Program.
Sec. 102. Other amendments to the Homeland Security Act of 2002.
Sec. 103. Amendments to the Post-Katrina Emergency Management Reform Act 
          of 2006.
Sec. 104. Technical and conforming amendments.

            TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Sec. 201. Emergency management performance grant program.
Sec. 202. Grants for construction of emergency operations centers.

TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS

Sec. 301. Interoperable emergency communications grant program.
Sec. 302. Border interoperability demonstration project.

       TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

Sec. 401. Definitions.
Sec. 402. National exercise program design.
Sec. 403. National exercise program model exercises.
Sec. 404. Preidentifying and evaluating multijurisdictional facilities 
          to strengthen incident command; private sector preparedness.
Sec. 405. Federal response capability inventory.
Sec. 406. Reporting requirements.
Sec. 407. Federal preparedness.
Sec. 408. Credentialing and typing.
Sec. 409. Model standards and guidelines for critical infrastructure 
          workers.
Sec. 410. Authorization of appropriations.

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

      Subtitle A--Homeland Security Information Sharing Enhancement

Sec. 501. Homeland Security Advisory System and information sharing.
Sec. 502. Intelligence Component Defined.
Sec. 503. Role of intelligence components, training, and information 
          sharing.
Sec. 504. Information sharing.

     Subtitle B--Homeland Security Information Sharing Partnerships

Sec. 511. Department of Homeland Security State, Local, and Regional 
          Fusion Center Initiative.
Sec. 512. Homeland Security Information Sharing Fellows Program.
Sec. 513. Rural Policing Institute.

    Subtitle C--Interagency Threat Assessment and Coordination Group

Sec. 521. Interagency Threat Assessment and Coordination Group.

    Subtitle D--Homeland Security Intelligence Offices Reorganization

Sec. 531. Office of Intelligence and Analysis and Office of 
          Infrastructure Protection.

               Subtitle E--Authorization of Appropriations

Sec. 541. Authorization of appropriations.

            TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Sec. 601. Availability to public of certain intelligence funding 
          information.
Sec. 602. Public Interest Declassification Board.
Sec. 603. Sense of the Senate regarding a report on the 9/11 Commission 
          recommendations with respect to intelligence reform and 
          congressional intelligence oversight reform.
Sec. 604. Availability of funds for the Public Interest Declassification 
          Board.
Sec. 605. Availability of the Executive Summary of the Report on Central 
          Intelligence Agency Accountability Regarding the Terrorist 
          Attacks of September 11, 2001.

      TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

                      Subtitle A--Terrorist Travel

Sec. 701. Report on international collaboration to increase border 
          security, enhance global document security, and exchange 
          terrorist information.

                         Subtitle B--Visa Waiver

Sec. 711. Modernization of the visa waiver program.

         Subtitle C--Strengthening Terrorism Prevention Programs

Sec. 721. Strengthening the capabilities of the Human Smuggling and 
          Trafficking Center.
Sec. 722. Enhancements to the terrorist travel program.
Sec. 723. Enhanced driver's license.
Sec. 724. Western Hemisphere Travel Initiative.
Sec. 725. Model ports-of-entry.

                  Subtitle D--Miscellaneous Provisions

Sec. 731. Report regarding border security.

                 TITLE VIII--PRIVACY AND CIVIL LIBERTIES

Sec. 801. Modification of authorities relating to Privacy and Civil 
          Liberties Oversight Board.
Sec. 802. Department Privacy Officer.
Sec. 803. Privacy and civil liberties officers.
Sec. 804. Federal Agency Data Mining Reporting Act of 2007.

                  TITLE IX--PRIVATE SECTOR PREPAREDNESS

Sec. 901. Private sector preparedness.
Sec. 902. Responsibilities of the private sector Office of the 
          Department.

           TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

Sec. 1001. National Asset Database.
Sec. 1002. Risk assessments and report.
Sec. 1003. Sense of Congress regarding the inclusion of levees in the 
          National Infrastructure Protection Plan.

     TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

Sec. 1101. National Biosurveillance Integration Center.
Sec. 1102. Biosurveillance efforts.
Sec. 1103. Interagency coordination to enhance defenses against nuclear 
          and radiological weapons of mass destruction.
Sec. 1104. Integration of detection equipment and technologies.

   TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

Sec. 1201. Definitions.
Sec. 1202. Transportation security strategic planning.
Sec. 1203. Transportation security information sharing.
Sec. 1204. National domestic preparedness consortium.
Sec. 1205. National transportation security center of excellence.
Sec. 1206. Immunity for reports of suspected terrorist activity or 
          suspicious behavior and response.

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

Sec. 1301. Definitions.
Sec. 1302. Enforcement authority.
Sec. 1303. Authorization of visible intermodal prevention and response 
          teams.
Sec. 1304. Surface transportation security inspectors.
Sec. 1305. Surface transportation security technology information 
          sharing.
Sec. 1306. TSA personnel limitations.
Sec. 1307. National explosives detection canine team training program.
Sec. 1308. Maritime and surface transportation security user fee study.
Sec. 1309. Prohibition of issuance of transportation security cards to 
          convicted felons.
Sec. 1310. Roles of the Department of Homeland Security and the 
          Department of Transportation.

                TITLE XIV--PUBLIC TRANSPORTATION SECURITY

Sec. 1401. Short title.
Sec. 1402. Definitions.
Sec. 1403. Findings.
Sec. 1404. National Strategy for Public Transportation Security.
Sec. 1405. Security assessments and plans.
Sec. 1406. Public transportation security assistance.
Sec. 1407. Security exercises.
Sec. 1408. Public transportation security training program.
Sec. 1409. Public transportation research and development.
Sec. 1410. Information sharing.
Sec. 1411. Threat assessments.
Sec. 1412. Reporting requirements.
Sec. 1413. Public transportation employee protections.
Sec. 1414. Security background checks of covered individuals for public 
          transportation.
Sec. 1415. Limitation on fines and civil penalties.

                TITLE XV--SURFACE TRANSPORTATION SECURITY

                     Subtitle A--General Provisions

Sec. 1501. Definitions.
Sec. 1502. Oversight and grant procedures.
Sec. 1503. Authorization of appropriations.
Sec. 1504. Public awareness.

                      Subtitle B--Railroad Security

Sec. 1511. Railroad transportation security risk assessment and national 
          strategy.
Sec. 1512. Railroad carrier assessments and plans.
Sec. 1513. Railroad security assistance.
Sec. 1514. Systemwide Amtrak security upgrades.
Sec. 1515. Fire and life safety improvements.
Sec. 1516. Railroad carrier exercises.
Sec. 1517. Railroad security training program.
Sec. 1518. Railroad security research and development.
Sec. 1519. Railroad tank car security testing.
Sec. 1520. Railroad threat assessments.
Sec. 1521. Railroad employee protections.
Sec. 1522. Security background checks of covered individuals.
Sec. 1523. Northern border railroad passenger report.
Sec. 1524. International Railroad Security Program.
Sec. 1525. Transmission line report.
Sec. 1526. Railroad security enhancements.
Sec. 1527. Applicability of District of Columbia law to certain Amtrak 
          contracts.
Sec. 1528. Railroad preemption clarification.

           Subtitle C--Over-the-Road Bus and Trucking Security

Sec. 1531. Over-the-road bus security assessments and plans.
Sec. 1532. Over-the-road bus security assistance.
Sec. 1533. Over-the-road bus exercises.
Sec. 1534. Over-the-road bus security training program.
Sec. 1535. Over-the-road bus security research and development.
Sec. 1536. Motor carrier employee protections.
Sec. 1537. Unified carrier registration system agreement.
Sec. 1538. School bus transportation security.
Sec. 1539. Technical amendment.
Sec. 1540. Truck security assessment.
Sec. 1541. Memorandum of understanding annex.
Sec. 1542. DHS Inspector General report on trucking security grant 
          program.

          Subtitle D--Hazardous Material and Pipeline Security

Sec. 1551. Railroad routing of security-sensitive materials.
Sec. 1552. Railroad security-sensitive material tracking.
Sec. 1553. Hazardous materials highway routing.
Sec. 1554. Motor carrier security-sensitive material tracking.
Sec. 1555. Hazardous materials security inspections and study.
Sec. 1556. Technical corrections.
Sec. 1557. Pipeline security inspections and enforcement.
Sec. 1558. Pipeline security and incident recovery plan.

                           TITLE XVI--AVIATION

Sec. 1601. Airport checkpoint screening fund.
Sec. 1602. Screening of cargo carried aboard passenger aircraft.
Sec. 1603. In-line baggage screening.
Sec. 1604. In-line baggage system deployment.
Sec. 1605. Strategic plan to test and implement advanced passenger 
          prescreening system.
Sec. 1606. Appeal and redress process for passengers wrongly delayed or 
          prohibited from boarding a flight.
Sec. 1607. Strengthening explosives detection at passenger screening 
          checkpoints.
Sec. 1608. Research and development of aviation transportation security 
          technology.
Sec. 1609. Blast-resistant cargo containers.
Sec. 1610. Protection of passenger planes from explosives.
Sec. 1611. Specialized training.
Sec. 1612. Certain TSA personnel limitations not to apply.
Sec. 1613. Pilot project to test different technologies at airport exit 
          lanes.
Sec. 1614. Security credentials for airline crews.
Sec. 1615. Law enforcement officer biometric credential.
Sec. 1616. Repair station security.
Sec. 1617. General aviation security.
Sec. 1618. Extension of authorization of aviation security funding.

                       TITLE XVII--MARITIME CARGO

Sec. 1701. Container scanning and seals.

 TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 
                                TERRORISM

Sec. 1801. Findings.
Sec. 1802. Definitions.

  Subtitle A--Repeal and Modification of Limitations on Assistance for 
              Prevention of WMD Proliferation and Terrorism

Sec. 1811. Repeal and modification of limitations on assistance for 
          prevention of weapons of mass destruction proliferation and 
          terrorism.

              Subtitle B--Proliferation Security Initiative

Sec. 1821. Proliferation Security Initiative improvements and 
          authorities.
Sec. 1822. Authority to provide assistance to cooperative countries.

Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass 
                 Destruction Proliferation and Terrorism

Sec. 1831. Statement of policy.
Sec. 1832. Authorization of appropriations for the Department of Defense 
          Cooperative Threat Reduction Program.
Sec. 1833. Authorization of appropriations for the Department of Energy 
          programs to prevent weapons of mass destruction proliferation 
          and terrorism.

 Subtitle D--Office of the United States Coordinator for the Prevention 
       of Weapons of Mass Destruction Proliferation and Terrorism

Sec. 1841. Office of the United States Coordinator for the Prevention of 
          Weapons of Mass Destruction Proliferation and Terrorism.
Sec. 1842. Sense of Congress on United States-Russia cooperation and 
          coordination on the prevention of weapons of mass destruction 
          proliferation and terrorism.

Subtitle E--Commission on the Prevention of Weapons of Mass Destruction 
                       Proliferation and Terrorism

Sec. 1851. Establishment of Commission on the Prevention of Weapons of 
          Mass Destruction Proliferation and Terrorism.
Sec. 1852. Purposes of Commission.
Sec. 1853. Composition of Commission.
Sec. 1854. Responsibilities of Commission.
Sec. 1855. Powers of Commission.
Sec. 1856. Nonapplicability of Federal Advisory Committee Act.
Sec. 1857. Report.
Sec. 1858. Termination.
Sec. 1859. Funding.

   TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

Sec. 1901. Promoting antiterrorism capabilities through international 
          cooperation.
Sec. 1902. Transparency of funds.

         TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

Sec. 2001. Short title.
Sec. 2002. Definition.

 Subtitle A--Quality Educational Opportunities in Predominantly Muslim 
                               Countries.

Sec. 2011. Findings; Policy.
Sec. 2012. International Muslim Youth Opportunity Fund.
Sec. 2013. Annual report to Congress.
Sec. 2014. Extension of program to provide grants to American-sponsored 
          schools in predominantly Muslim Countries to provide 
          scholarships.

 Subtitle B--Democracy and Development in the Broader Middle East Region

Sec. 2021. Middle East Foundation.

         Subtitle C--Reaffirming United States Moral Leadership

Sec. 2031. Advancing United States interests through public diplomacy.
Sec. 2032. Oversight of international broadcasting.
Sec. 2033. Expansion of United States scholarship, exchange, and library 
          programs in predominantly Muslim countries.
Sec. 2034. United States policy toward detainees.

      Subtitle D--Strategy for the United States Relationship With 
                 Afghanistan, Pakistan, and Saudi Arabia

Sec. 2041. Afghanistan.
Sec. 2042. Pakistan.
Sec. 2043. Saudi Arabia.

                 TITLE XXI--ADVANCING DEMOCRATIC VALUES

Sec. 2101. Short title.
Sec. 2102. Findings.
Sec. 2103. Statement of policy.
Sec. 2104. Definitions.

      Subtitle A--Activities to Enhance the Promotion of Democracy

Sec. 2111. Democracy Promotion at the Department of State.
Sec. 2112. Democracy Fellowship Program.
Sec. 2113. Investigations of violations of international humanitarian 
          law.

Subtitle B--Strategies and Reports on Human Rights and the Promotion of 
                                Democracy

Sec. 2121. Strategies, priorities, and annual report.
Sec. 2122. Translation of human rights reports.

 Subtitle C--Advisory Committee on Democracy Promotion and the Internet 
                   Website of the Department of State

Sec. 2131. Advisory Committee on Democracy Promotion.
Sec. 2132. Sense of Congress regarding the Internet website of the 
          Department of State.

     Subtitle D--Training in Democracy and Human Rights; Incentives

Sec. 2141. Training in democracy promotion and the protection of human 
          rights.
Sec. 2142. Sense of Congress regarding ADVANCE Democracy Award.
Sec. 2143. Personnel policies at the Department of State.

            Subtitle E--Cooperation With Democratic Countries

Sec. 2151. Cooperation with democratic countries.

             Subtitle F--Funding for Promotion of Democracy

Sec. 2161. The United Nations Democracy Fund.
Sec. 2162. United States democracy assistance programs.

           TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

Sec. 2201. Interoperable emergency communications.
Sec. 2202. Clarification of congressional intent.
Sec. 2203. Cross border interoperability reports.
Sec. 2204. Extension of short quorum.
Sec. 2205. Requiring reports to be submitted to certain committees.

           TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION

Sec. 2301. Short title.
Sec. 2302. Funding for program.
Sec. 2303. NTIA coordination of E-911 implementation.

                  TITLE XXIV--MISCELLANEOUS PROVISIONS

Sec. 2401. Quadrennial homeland security review.
Sec. 2402. Sense of the Congress regarding the prevention of 
          radicalization leading to ideologically-based violence.
Sec. 2403. Requiring reports to be submitted to certain committees.
Sec. 2404. Demonstration project.
Sec. 2405. Under Secretary for Management of Department of Homeland 
          Security.

                   TITLE I--HOMELAND SECURITY GRANTS

    SEC. 101. HOMELAND SECURITY GRANT PROGRAM.
    The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended 
by adding at the end the following:

                  ``TITLE XX--HOMELAND SECURITY GRANTS

``SEC. 2001. DEFINITIONS.
    ``In this title, the following definitions shall apply:
        ``(1) Administrator.--The term `Administrator' means the 
    Administrator of the Federal Emergency Management Agency.
        ``(2) Appropriate committees of congress.--The term 
    `appropriate committees of Congress' means--
            ``(A) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            ``(B) those committees of the House of Representatives that 
        the Speaker of the House of Representatives determines 
        appropriate.
        ``(3) Critical infrastructure sectors.--The term `critical 
    infrastructure sectors' means the following sectors, in both urban 
    and rural areas:
            ``(A) Agriculture and food.
            ``(B) Banking and finance.
            ``(C) Chemical industries.
            ``(D) Commercial facilities.
            ``(E) Commercial nuclear reactors, materials, and waste.
            ``(F) Dams.
            ``(G) The defense industrial base.
            ``(H) Emergency services.
            ``(I) Energy.
            ``(J) Government facilities.
            ``(K) Information technology.
            ``(L) National monuments and icons.
            ``(M) Postal and shipping.
            ``(N) Public health and health care.
            ``(O) Telecommunications.
            ``(P) Transportation systems.
            ``(Q) Water.
        ``(4) Directly eligible tribe.--The term `directly eligible 
    tribe' means--
            ``(A) any Indian tribe--
                ``(i) that is located in the continental United States;
                ``(ii) that operates a law enforcement or emergency 
            response agency with the capacity to respond to calls for 
            law enforcement or emergency services;
                ``(iii)(I) that is located on or near an international 
            border or a coastline bordering an ocean (including the 
            Gulf of Mexico) or international waters;
                ``(II) that is located within 10 miles of a system or 
            asset included on the prioritized critical infrastructure 
            list established under section 210E(a)(2) or has such a 
            system or asset within its territory;
                ``(III) that is located within or contiguous to 1 of 
            the 50 most populous metropolitan statistical areas in the 
            United States; or
                ``(IV) the jurisdiction of which includes not less than 
            1,000 square miles of Indian country, as that term is 
            defined in section 1151 of title 18, United States Code; 
            and
                ``(iv) that certifies to the Secretary that a State has 
            not provided funds under section 2003 or 2004 to the Indian 
            tribe or consortium of Indian tribes for the purpose for 
            which direct funding is sought; and
            ``(B) a consortium of Indian tribes, if each tribe 
        satisfies the requirements of subparagraph (A).
        ``(5) Eligible metropolitan area.--The term `eligible 
    metropolitan area' means any of the 100 most populous metropolitan 
    statistical areas in the United States.
        ``(6) High-risk urban area.--The term `high-risk urban area' 
    means a high-risk urban area designated under section 
    2003(b)(3)(A).
        ``(7) Indian tribe.--The term `Indian tribe' has the meaning 
    given that term in section 4(e) of the Indian Self-Determination 
    Act (25 U.S.C. 450b(e)).
        ``(8) Metropolitan statistical area.--The term `metropolitan 
    statistical area' means a metropolitan statistical area, as defined 
    by the Office of Management and Budget.
        ``(9) National special security event.--The term `National 
    Special Security Event' means a designated event that, by virtue of 
    its political, economic, social, or religious significance, may be 
    the target of terrorism or other criminal activity.
        ``(10) Population.--The term `population' means population 
    according to the most recent United States census population 
    estimates available at the start of the relevant fiscal year.
        ``(11) Population density.--The term `population density' means 
    population divided by land area in square miles.
        ``(12) Qualified intelligence analyst.--The term `qualified 
    intelligence analyst' means an intelligence analyst (as that term 
    is defined in section 210A(j)), including law enforcement 
    personnel--
            ``(A) who has successfully completed training to ensure 
        baseline proficiency in intelligence analysis and production, 
        as determined by the Secretary, which may include training 
        using a curriculum developed under section 209; or
            ``(B) whose experience ensures baseline proficiency in 
        intelligence analysis and production equivalent to the training 
        required under subparagraph (A), as determined by the 
        Secretary.
        ``(13) Target capabilities.--The term `target capabilities' 
    means the target capabilities for Federal, State, local, and tribal 
    government preparedness for which guidelines are required to be 
    established under section 646(a) of the Post-Katrina Emergency 
    Management Reform Act of 2006 (6 U.S.C. 746(a)).
        ``(14) Tribal government.--The term `tribal government' means 
    the government of an Indian tribe.

        ``Subtitle A--Grants to States and High-Risk Urban Areas

``SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.
    ``(a) Grants Authorized.--The Secretary, through the Administrator, 
may award grants under sections 2003 and 2004 to State, local, and 
tribal governments.
    ``(b) Programs Not Affected.--This subtitle shall not be construed 
to affect any of the following Federal programs:
        ``(1) Firefighter and other assistance programs authorized 
    under the Federal Fire Prevention and Control Act of 1974 (15 
    U.S.C. 2201 et seq.).
        ``(2) Grants authorized under the Robert T. Stafford Disaster 
    Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
        ``(3) Emergency Management Performance Grants under the 
    amendments made by title II of the Implementing Recommendations of 
    the 9/11 Commission Act of 2007.
        ``(4) Grants to protect critical infrastructure, including port 
    security grants authorized under section 70107 of title 46, United 
    States Code, and the grants authorized under title XIV and XV of 
    the Implementing Recommendations of the 9/11 Commission Act of 2007 
    and the amendments made by such titles.
        ``(5) The Metropolitan Medical Response System authorized under 
    section 635 of the Post-Katrina Emergency Management Reform Act of 
    2006 (6 U.S.C. 723).
        ``(6) The Interoperable Emergency Communications Grant Program 
    authorized under title XVIII.
        ``(7) Grant programs other than those administered by the 
    Department.
    ``(c) Relationship to Other Laws.--
        ``(1) In general.--The grant programs authorized under sections 
    2003 and 2004 shall supercede all grant programs authorized under 
    section 1014 of the USA PATRIOT Act (42 U.S.C. 3714).
        ``(2) Allocation.--The allocation of grants authorized under 
    section 2003 or 2004 shall be governed by the terms of this 
    subtitle and not by any other provision of law.
``SEC. 2003. URBAN AREA SECURITY INITIATIVE.
    ``(a) Establishment.--There is established an Urban Area Security 
Initiative to provide grants to assist high-risk urban areas in 
preventing, preparing for, protecting against, and responding to acts 
of terrorism.
    ``(b) Assessment and Designation of High-Risk Urban Areas.--
        ``(1) In general.--The Administrator shall designate high-risk 
    urban areas to receive grants under this section based on 
    procedures under this subsection.
        ``(2) Initial assessment.--
            ``(A) In general.--For each fiscal year, the Administrator 
        shall conduct an initial assessment of the relative threat, 
        vulnerability, and consequences from acts of terrorism faced by 
        each eligible metropolitan area, including consideration of--
                ``(i) the factors set forth in subparagraphs (A) 
            through (H) and (K) of section 2007(a)(1); and
                ``(ii) information and materials submitted under 
            subparagraph (B).
            ``(B) Submission of information by eligible metropolitan 
        areas.--Prior to conducting each initial assessment under 
        subparagraph (A), the Administrator shall provide each eligible 
        metropolitan area with, and shall notify each eligible 
        metropolitan area of, the opportunity to--
                ``(i) submit information that the eligible metropolitan 
            area believes to be relevant to the determination of the 
            threat, vulnerability, and consequences it faces from acts 
            of terrorism; and
                ``(ii) review the risk assessment conducted by the 
            Department of that eligible metropolitan area, including 
            the bases for the assessment by the Department of the 
            threat, vulnerability, and consequences from acts of 
            terrorism faced by that eligible metropolitan area, and 
            remedy erroneous or incomplete information.
        ``(3) Designation of high-risk urban areas.--
            ``(A) Designation.--
                ``(i) In general.--For each fiscal year, after 
            conducting the initial assessment under paragraph (2), and 
            based on that assessment, the Administrator shall designate 
            high-risk urban areas that may submit applications for 
            grants under this section.
                ``(ii) Additional areas.--Notwithstanding paragraph 
            (2), the Administrator may--

                    ``(I) in any case where an eligible metropolitan 
                area consists of more than 1 metropolitan division (as 
                that term is defined by the Office of Management and 
                Budget) designate more than 1 high-risk urban area 
                within a single eligible metropolitan area; and
                    ``(II) designate an area that is not an eligible 
                metropolitan area as a high-risk urban area based on 
                the assessment by the Administrator of the relative 
                threat, vulnerability, and consequences from acts of 
                terrorism faced by the area.

                ``(iii) Rule of construction.--Nothing in this 
            subsection may be construed to require the Administrator 
            to--

                    ``(I) designate all eligible metropolitan areas 
                that submit information to the Administrator under 
                paragraph (2)(B)(i) as high-risk urban areas; or
                    ``(II) designate all areas within an eligible 
                metropolitan area as part of the high-risk urban area.

            ``(B) Jurisdictions included in high-risk urban areas.--
                ``(i) In general.--In designating high-risk urban areas 
            under subparagraph (A), the Administrator shall determine 
            which jurisdictions, at a minimum, shall be included in 
            each high-risk urban area.
                ``(ii) Additional jurisdictions.--A high-risk urban 
            area designated by the Administrator may, in consultation 
            with the State or States in which such high-risk urban area 
            is located, add additional jurisdictions to the high-risk 
            urban area.
    ``(c) Application.--
        ``(1) In general.--An area designated as a high-risk urban area 
    under subsection (b) may apply for a grant under this section.
        ``(2) Minimum contents of application.--In an application for a 
    grant under this section, a high-risk urban area shall submit--
            ``(A) a plan describing the proposed division of 
        responsibilities and distribution of funding among the local 
        and tribal governments in the high-risk urban area;
            ``(B) the name of an individual to serve as a high-risk 
        urban area liaison with the Department and among the various 
        jurisdictions in the high-risk urban area; and
            ``(C) such information in support of the application as the 
        Administrator may reasonably require.
        ``(3) Annual applications.--Applicants for grants under this 
    section shall apply or reapply on an annual basis.
        ``(4) State review and transmission.--
            ``(A) In general.--To ensure consistency with State 
        homeland security plans, a high-risk urban area applying for a 
        grant under this section shall submit its application to each 
        State within which any part of that high-risk urban area is 
        located for review before submission of such application to the 
        Department.
            ``(B) Deadline.--Not later than 30 days after receiving an 
        application from a high-risk urban area under subparagraph (A), 
        a State shall transmit the application to the Department.
            ``(C) Opportunity for state comment.--If the Governor of a 
        State determines that an application of a high-risk urban area 
        is inconsistent with the State homeland security plan of that 
        State, or otherwise does not support the application, the 
        Governor shall--
                ``(i) notify the Administrator, in writing, of that 
            fact; and
                ``(ii) provide an explanation of the reason for not 
            supporting the application at the time of transmission of 
            the application.
        ``(5) Opportunity to amend.--In considering applications for 
    grants under this section, the Administrator shall provide 
    applicants with a reasonable opportunity to correct defects in the 
    application, if any, before making final awards.
    ``(d) Distribution of Awards.--
        ``(1) In general.--If the Administrator approves the 
    application of a high-risk urban area for a grant under this 
    section, the Administrator shall distribute the grant funds to the 
    State or States in which that high-risk urban area is located.
        ``(2) State distribution of funds.--
            ``(A) In general.--Not later than 45 days after the date 
        that a State receives grant funds under paragraph (1), that 
        State shall provide the high-risk urban area awarded that grant 
        not less than 80 percent of the grant funds. Any funds retained 
        by a State shall be expended on items, services, or activities 
        that benefit the high-risk urban area.
            ``(B) Funds retained.--A State shall provide each relevant 
        high-risk urban area with an accounting of the items, services, 
        or activities on which any funds retained by the State under 
        subparagraph (A) were expended.
        ``(3) Interstate urban areas.--If parts of a high-risk urban 
    area awarded a grant under this section are located in 2 or more 
    States, the Administrator shall distribute to each such State--
            ``(A) a portion of the grant funds in accordance with the 
        proposed distribution set forth in the application; or
            ``(B) if no agreement on distribution has been reached, a 
        portion of the grant funds determined by the Administrator to 
        be appropriate.
        ``(4) Certifications regarding distribution of grant funds to 
    high-risk urban areas.--A State that receives grant funds under 
    paragraph (1) shall certify to the Administrator that the State has 
    made available to the applicable high-risk urban area the required 
    funds under paragraph (2).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
        ``(1) $850,000,000 for fiscal year 2008;
        ``(2) $950,000,000 for fiscal year 2009;
        ``(3) $1,050,000,000 for fiscal year 2010;
        ``(4) $1,150,000,000 for fiscal year 2011;
        ``(5) $1,300,000,000 for fiscal year 2012; and
        ``(6) such sums as are necessary for fiscal year 2013, and each 
    fiscal year thereafter.
``SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.
    ``(a) Establishment.--There is established a State Homeland 
Security Grant Program to assist State, local, and tribal governments 
in preventing, preparing for, protecting against, and responding to 
acts of terrorism.
    ``(b) Application.--
        ``(1) In general.--Each State may apply for a grant under this 
    section, and shall submit such information in support of the 
    application as the Administrator may reasonably require.
        ``(2) Minimum contents of application.--The Administrator shall 
    require that each State include in its application, at a minimum--
            ``(A) the purpose for which the State seeks grant funds and 
        the reasons why the State needs the grant to meet the target 
        capabilities of that State;
            ``(B) a description of how the State plans to allocate the 
        grant funds to local governments and Indian tribes; and
            ``(C) a budget showing how the State intends to expend the 
        grant funds.
        ``(3) Annual applications.--Applicants for grants under this 
    section shall apply or reapply on an annual basis.
    ``(c) Distribution to Local and Tribal Governments.--
        ``(1) In general.--Not later than 45 days after receiving grant 
    funds, any State receiving a grant under this section shall make 
    available to local and tribal governments, consistent with the 
    applicable State homeland security plan--
            ``(A) not less than 80 percent of the grant funds;
            ``(B) with the consent of local and tribal governments, 
        items, services, or activities having a value of not less than 
        80 percent of the amount of the grant; or
            ``(C) with the consent of local and tribal governments, 
        grant funds combined with other items, services, or activities 
        having a total value of not less than 80 percent of the amount 
        of the grant.
        ``(2) Certifications regarding distribution of grant funds to 
    local governments.--A State shall certify to the Administrator that 
    the State has made the distribution to local and tribal governments 
    required under paragraph (1).
        ``(3) Extension of period.--The Governor of a State may request 
    in writing that the Administrator extend the period under paragraph 
    (1) for an additional period of time. The Administrator may approve 
    such a request if the Administrator determines that the resulting 
    delay in providing grant funding to the local and tribal 
    governments is necessary to promote effective investments to 
    prevent, prepare for, protect against, or respond to acts of 
    terrorism.
        ``(4) Exception.--Paragraph (1) shall not apply to the District 
    of Columbia, the Commonwealth of Puerto Rico, American Samoa, the 
    Commonwealth of the Northern Mariana Islands, Guam, or the Virgin 
    Islands.
        ``(5) Direct funding.--If a State fails to make the 
    distribution to local or tribal governments required under 
    paragraph (1) in a timely fashion, a local or tribal government 
    entitled to receive such distribution may petition the 
    Administrator to request that grant funds be provided directly to 
    the local or tribal government.
    ``(d) Multistate Applications.--
        ``(1) In general.--Instead of, or in addition to, any 
    application for a grant under subsection (b), 2 or more States may 
    submit an application for a grant under this section in support of 
    multistate efforts to prevent, prepare for, protect against, and 
    respond to acts of terrorism.
        ``(2) Administration of grant.--If a group of States applies 
    for a grant under this section, such States shall submit to the 
    Administrator at the time of application a plan describing--
            ``(A) the division of responsibilities for administering 
        the grant; and
            ``(B) the distribution of funding among the States that are 
        parties to the application.
    ``(e) Minimum Allocation.--
        ``(1) In general.--In allocating funds under this section, the 
    Administrator shall ensure that--
            ``(A) except as provided in subparagraph (B), each State 
        receives, from the funds appropriated for the State Homeland 
        Security Grant Program established under this section, not less 
        than an amount equal to--
                ``(i) 0.375 percent of the total funds appropriated for 
            grants under this section and section 2003 in fiscal year 
            2008;
                ``(ii) 0.365 percent of the total funds appropriated 
            for grants under this section and section 2003 in fiscal 
            year 2009;
                ``(iii) 0.36 percent of the total funds appropriated 
            for grants under this section and section 2003 in fiscal 
            year 2010;
                ``(iv) 0.355 percent of the total funds appropriated 
            for grants under this section and section 2003 in fiscal 
            year 2011; and
                ``(v) 0.35 percent of the total funds appropriated for 
            grants under this section and section 2003 in fiscal year 
            2012 and in each fiscal year thereafter; and
            ``(B) for each fiscal year, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, Guam, and the 
        Virgin Islands each receive, from the funds appropriated for 
        the State Homeland Security Grant Program established under 
        this section, not less than an amount equal to 0.08 percent of 
        the total funds appropriated for grants under this section and 
        section 2003.
        ``(2) Effect of multistate award on state minimum.--Any portion 
    of a multistate award provided to a State under subsection (d) 
    shall be considered in calculating the minimum State allocation 
    under this subsection.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
        ``(1) $950,000,000 for each of fiscal years 2008 through 2012; 
    and
        ``(2) such sums as are necessary for fiscal year 2013, and each 
    fiscal year thereafter.
``SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.
    ``(a) In General.--Notwithstanding section 2004(b), the 
Administrator may award grants to directly eligible tribes under 
section 2004.
    ``(b) Tribal Applications.--A directly eligible tribe may apply for 
a grant under section 2004 by submitting an application to the 
Administrator that includes, as appropriate, the information required 
for an application by a State under section 2004(b).
    ``(c) Consistency With State Plans.--
        ``(1) In general.--To ensure consistency with any applicable 
    State homeland security plan, a directly eligible tribe applying 
    for a grant under section 2004 shall provide a copy of its 
    application to each State within which any part of the tribe is 
    located for review before the tribe submits such application to the 
    Department.
        ``(2) Opportunity for comment.--If the Governor of a State 
    determines that the application of a directly eligible tribe is 
    inconsistent with the State homeland security plan of that State, 
    or otherwise does not support the application, not later than 30 
    days after the date of receipt of that application the Governor 
    shall--
            ``(A) notify the Administrator, in writing, of that fact; 
        and
            ``(B) provide an explanation of the reason for not 
        supporting the application.
    ``(d) Final Authority.--The Administrator shall have final 
authority to approve any application of a directly eligible tribe. The 
Administrator shall notify each State within the boundaries of which 
any part of a directly eligible tribe is located of the approval of an 
application by the tribe.
    ``(e) Prioritization.--The Administrator shall allocate funds to 
directly eligible tribes in accordance with the factors applicable to 
allocating funds among States under section 2007.
    ``(f) Distribution of Awards to Directly Eligible Tribes.--If the 
Administrator awards funds to a directly eligible tribe under this 
section, the Administrator shall distribute the grant funds directly to 
the tribe and not through any State.
    ``(g) Minimum Allocation.--
        ``(1) In general.--In allocating funds under this section, the 
    Administrator shall ensure that, for each fiscal year, directly 
    eligible tribes collectively receive, from the funds appropriated 
    for the State Homeland Security Grant Program established under 
    section 2004, not less than an amount equal to 0.1 percent of the 
    total funds appropriated for grants under sections 2003 and 2004.
        ``(2) Exception.--This subsection shall not apply in any fiscal 
    year in which the Administrator--
            ``(A) receives fewer than 5 applications under this 
        section; or
            ``(B) does not approve at least 2 applications under this 
        section.
    ``(h) Tribal Liaison.--A directly eligible tribe applying for a 
grant under section 2004 shall designate an individual to serve as a 
tribal liaison with the Department and other Federal, State, local, and 
regional government officials concerning preventing, preparing for, 
protecting against, and responding to acts of terrorism.
    ``(i) Eligibility for Other Funds.--A directly eligible tribe that 
receives a grant under section 2004 may receive funds for other 
purposes under a grant from the State or States within the boundaries 
of which any part of such tribe is located and from any high-risk urban 
area of which it is a part, consistent with the homeland security plan 
of the State or high-risk urban area.
    ``(j) State Obligations.--
        ``(1) In general.--States shall be responsible for allocating 
    grant funds received under section 2004 to tribal governments in 
    order to help those tribal communities achieve target capabilities 
    not achieved through grants to directly eligible tribes.
        ``(2) Distribution of grant funds.--With respect to a grant to 
    a State under section 2004, an Indian tribe shall be eligible for 
    funding directly from that State, and shall not be required to seek 
    funding from any local government.
        ``(3) Imposition of requirements.--A State may not impose 
    unreasonable or unduly burdensome requirements on an Indian tribe 
    as a condition of providing the Indian tribe with grant funds or 
    resources under section 2004.
    ``(k) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of an Indian tribe that receives 
funds under this subtitle.
``SEC. 2006. TERRORISM PREVENTION.
    ``(a) Law Enforcement Terrorism Prevention Program.--
        ``(1) In general.--The Administrator shall ensure that not less 
    than 25 percent of the total combined funds appropriated for grants 
    under sections 2003 and 2004 is used for law enforcement terrorism 
    prevention activities.
        ``(2) Law enforcement terrorism prevention activities.--Law 
    enforcement terrorism prevention activities include--
            ``(A) information sharing and analysis;
            ``(B) target hardening;
            ``(C) threat recognition;
            ``(D) terrorist interdiction;
            ``(E) overtime expenses consistent with a State homeland 
        security plan, including for the provision of enhanced law 
        enforcement operations in support of Federal agencies, 
        including for increased border security and border crossing 
        enforcement;
            ``(F) establishing, enhancing, and staffing with 
        appropriately qualified personnel State, local, and regional 
        fusion centers that comply with the guidelines established 
        under section 210A(i);
            ``(G) paying salaries and benefits for personnel, including 
        individuals employed by the grant recipient on the date of the 
        relevant grant application, to serve as qualified intelligence 
        analysts;
            ``(H) any other activity permitted under the Fiscal Year 
        2007 Program Guidance of the Department for the Law Enforcement 
        Terrorism Prevention Program; and
            ``(I) any other terrorism prevention activity authorized by 
        the Administrator.
        ``(3) Participation of underrepresented communities in fusion 
    centers.--The Administrator shall ensure that grant funds described 
    in paragraph (1) are used to support the participation, as 
    appropriate, of law enforcement and other emergency response 
    providers from rural and other underrepresented communities at risk 
    from acts of terrorism in fusion centers.
    ``(b) Office for State and Local Law Enforcement.--
        ``(1) Establishment.--There is established in the Policy 
    Directorate of the Department an Office for State and Local Law 
    Enforcement, which shall be headed by an Assistant Secretary for 
    State and Local Law Enforcement.
        ``(2) Qualifications.--The Assistant Secretary for State and 
    Local Law Enforcement shall have an appropriate background with 
    experience in law enforcement, intelligence, and other 
    counterterrorism functions.
        ``(3) Assignment of personnel.--The Secretary shall assign to 
    the Office for State and Local Law Enforcement permanent staff and, 
    as appropriate and consistent with sections 506(c)(2), 821, and 
    888(d), other appropriate personnel detailed from other components 
    of the Department to carry out the responsibilities under this 
    subsection.
        ``(4) Responsibilities.--The Assistant Secretary for State and 
    Local Law Enforcement shall--
            ``(A) lead the coordination of Department-wide policies 
        relating to the role of State and local law enforcement in 
        preventing, preparing for, protecting against, and responding 
        to natural disasters, acts of terrorism, and other man-made 
        disasters within the United States;
            ``(B) serve as a liaison between State, local, and tribal 
        law enforcement agencies and the Department;
            ``(C) coordinate with the Office of Intelligence and 
        Analysis to ensure the intelligence and information sharing 
        requirements of State, local, and tribal law enforcement 
        agencies are being addressed;
            ``(D) work with the Administrator to ensure that law 
        enforcement and terrorism-focused grants to State, local, and 
        tribal government agencies, including grants under sections 
        2003 and 2004, the Commercial Equipment Direct Assistance 
        Program, and other grants administered by the Department to 
        support fusion centers and law enforcement-oriented programs, 
        are appropriately focused on terrorism prevention activities;
            ``(E) coordinate with the Science and Technology 
        Directorate, the Federal Emergency Management Agency, the 
        Department of Justice, the National Institute of Justice, law 
        enforcement organizations, and other appropriate entities to 
        support the development, promulgation, and updating, as 
        necessary, of national voluntary consensus standards for 
        training and personal protective equipment to be used in a 
        tactical environment by law enforcement officers; and
            ``(F) conduct, jointly with the Administrator, a study to 
        determine the efficacy and feasibility of establishing 
        specialized law enforcement deployment teams to assist State, 
        local, and tribal governments in responding to natural 
        disasters, acts of terrorism, or other man-made disasters and 
        report on the results of that study to the appropriate 
        committees of Congress.
        ``(5) Rule of construction.--Nothing in this subsection shall 
    be construed to diminish, supercede, or replace the 
    responsibilities, authorities, or role of the Administrator.
``SEC. 2007. PRIORITIZATION.
    ``(a) In General.--In allocating funds among States and high-risk 
urban areas applying for grants under section 2003 or 2004, the 
Administrator shall consider, for each State or high-risk urban area--
        ``(1) its relative threat, vulnerability, and consequences from 
    acts of terrorism, including consideration of--
            ``(A) its population, including appropriate consideration 
        of military, tourist, and commuter populations;
            ``(B) its population density;
            ``(C) its history of threats, including whether it has been 
        the target of a prior act of terrorism;
            ``(D) its degree of threat, vulnerability, and consequences 
        related to critical infrastructure (for all critical 
        infrastructure sectors) or key resources identified by the 
        Administrator or the State homeland security plan, including 
        threats, vulnerabilities, and consequences related to critical 
        infrastructure or key resources in nearby jurisdictions;
            ``(E) the most current threat assessments available to the 
        Department;
            ``(F) whether the State has, or the high-risk urban area is 
        located at or near, an international border;
            ``(G) whether it has a coastline bordering an ocean 
        (including the Gulf of Mexico) or international waters;
            ``(H) its likely need to respond to acts of terrorism 
        occurring in nearby jurisdictions;
            ``(I) the extent to which it has unmet target capabilities;
            ``(J) in the case of a high-risk urban area, the extent to 
        which that high-risk urban area includes--
                ``(i) those incorporated municipalities, counties, 
            parishes, and Indian tribes within the relevant eligible 
            metropolitan area, the inclusion of which will enhance 
            regional efforts to prevent, prepare for, protect against, 
            and respond to acts of terrorism; and
                ``(ii) other local and tribal governments in the 
            surrounding area that are likely to be called upon to 
            respond to acts of terrorism within the high-risk urban 
            area; and
            ``(K) such other factors as are specified in writing by the 
        Administrator; and
        ``(2) the anticipated effectiveness of the proposed use of the 
    grant by the State or high-risk urban area in increasing the 
    ability of that State or high-risk urban area to prevent, prepare 
    for, protect against, and respond to acts of terrorism, to meet its 
    target capabilities, and to otherwise reduce the overall risk to 
    the high-risk urban area, the State, or the Nation.
    ``(b) Types of Threat.--In assessing threat under this section, the 
Administrator shall consider the following types of threat to critical 
infrastructure sectors and to populations in all areas of the United 
States, urban and rural:
        ``(1) Biological.
        ``(2) Chemical.
        ``(3) Cyber.
        ``(4) Explosives.
        ``(5) Incendiary.
        ``(6) Nuclear.
        ``(7) Radiological.
        ``(8) Suicide bombers.
        ``(9) Such other types of threat determined relevant by the 
    Administrator.
``SEC. 2008. USE OF FUNDS.
    ``(a) Permitted Uses.--Grants awarded under section 2003 or 2004 
may be used to achieve target capabilities related to preventing, 
preparing for, protecting against, and responding to acts of terrorism, 
consistent with a State homeland security plan and relevant local, 
tribal, and regional homeland security plans, through--
        ``(1) developing and enhancing homeland security, emergency 
    management, or other relevant plans, assessments, or mutual aid 
    agreements;
        ``(2) designing, conducting, and evaluating training and 
    exercises, including training and exercises conducted under section 
    512 of this Act and section 648 of the Post-Katrina Emergency 
    Management Reform Act of 2006 (6 U.S.C. 748);
        ``(3) protecting a system or asset included on the prioritized 
    critical infrastructure list established under section 210E(a)(2);
        ``(4) purchasing, upgrading, storing, or maintaining equipment, 
    including computer hardware and software;
        ``(5) ensuring operability and achieving interoperability of 
    emergency communications;
        ``(6) responding to an increase in the threat level under the 
    Homeland Security Advisory System, or to the needs resulting from a 
    National Special Security Event;
        ``(7) establishing, enhancing, and staffing with appropriately 
    qualified personnel State, local, and regional fusion centers that 
    comply with the guidelines established under section 210A(i);
        ``(8) enhancing school preparedness;
        ``(9) supporting public safety answering points;
        ``(10) paying salaries and benefits for personnel, including 
    individuals employed by the grant recipient on the date of the 
    relevant grant application, to serve as qualified intelligence 
    analysts;
        ``(11) paying expenses directly related to administration of 
    the grant, except that such expenses may not exceed 3 percent of 
    the amount of the grant;
        ``(12) any activity permitted under the Fiscal Year 2007 
    Program Guidance of the Department for the State Homeland Security 
    Grant Program, the Urban Area Security Initiative (including 
    activities permitted under the full-time counterterrorism staffing 
    pilot), or the Law Enforcement Terrorism Prevention Program; and
        ``(13) any other appropriate activity, as determined by the 
    Administrator.
    ``(b) Limitations on Use of Funds.--
        ``(1) In general.--Funds provided under section 2003 or 2004 
    may not be used--
            ``(A) to supplant State or local funds, except that nothing 
        in this paragraph shall prohibit the use of grant funds 
        provided to a State or high-risk urban area for otherwise 
        permissible uses under subsection (a) on the basis that a State 
        or high-risk urban area has previously used State or local 
        funds to support the same or similar uses; or
            ``(B) for any State or local government cost-sharing 
        contribution.
        ``(2) Personnel.--
            ``(A) In general.--Not more than 50 percent of the amount 
        awarded to a grant recipient under section 2003 or 2004 in any 
        fiscal year may be used to pay for personnel, including 
        overtime and backfill costs, in support of the permitted uses 
        under subsection (a).
            ``(B) Waiver.--At the request of the recipient of a grant 
        under section 2003 or 2004, the Administrator may grant a 
        waiver of the limitation under subparagraph (A).
        ``(3) Construction.--
            ``(A) In general.--A grant awarded under section 2003 or 
        2004 may not be used to acquire land or to construct buildings 
        or other physical facilities.
            ``(B) Exceptions.--
                ``(i) In general.--Notwithstanding subparagraph (A), 
            nothing in this paragraph shall prohibit the use of a grant 
            awarded under section 2003 or 2004 to achieve target 
            capabilities related to preventing, preparing for, 
            protecting against, or responding to acts of terrorism, 
            including through the alteration or remodeling of existing 
            buildings for the purpose of making such buildings secure 
            against acts of terrorism.
                ``(ii) Requirements for exception.--No grant awarded 
            under section 2003 or 2004 may be used for a purpose 
            described in clause (i) unless--

                    ``(I) specifically approved by the Administrator;
                    ``(II) any construction work occurs under terms and 
                conditions consistent with the requirements under 
                section 611(j)(9) of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 
                5196(j)(9)); and
                    ``(III) the amount allocated for purposes under 
                clause (i) does not exceed the greater of $1,000,000 or 
                15 percent of the grant award.

        ``(4) Recreation.--Grants awarded under this subtitle may not 
    be used for recreational or social purposes.
    ``(c) Multiple-Purpose Funds.--Nothing in this subtitle shall be 
construed to prohibit State, local, or tribal governments from using 
grant funds under sections 2003 and 2004 in a manner that enhances 
preparedness for disasters unrelated to acts of terrorism, if such use 
assists such governments in achieving target capabilities related to 
preventing, preparing for, protecting against, or responding to acts of 
terrorism.
    ``(d) Reimbursement of Costs.--
        ``(1) Paid-on-call or volunteer reimbursement.--In addition to 
    the activities described in subsection (a), a grant under section 
    2003 or 2004 may be used to provide a reasonable stipend to paid-
    on-call or volunteer emergency response providers who are not 
    otherwise compensated for travel to or participation in training or 
    exercises related to the purposes of this subtitle. Any such 
    reimbursement shall not be considered compensation for purposes of 
    rendering an emergency response provider an employee under the Fair 
    Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
        ``(2) Performance of federal duty.--An applicant for a grant 
    under section 2003 or 2004 may petition the Administrator to use 
    the funds from its grants under those sections for the 
    reimbursement of the cost of any activity relating to preventing, 
    preparing for, protecting against, or responding to acts of 
    terrorism that is a Federal duty and usually performed by a Federal 
    agency, and that is being performed by a State or local government 
    under agreement with a Federal agency.
    ``(e) Flexibility in Unspent Homeland Security Grant Funds.--Upon 
request by the recipient of a grant under section 2003 or 2004, the 
Administrator may authorize the grant recipient to transfer all or part 
of the grant funds from uses specified in the grant agreement to other 
uses authorized under this section, if the Administrator determines 
that such transfer is in the interests of homeland security.
    ``(f) Equipment Standards.--If an applicant for a grant under 
section 2003 or 2004 proposes to upgrade or purchase, with assistance 
provided under that grant, new equipment or systems that do not meet or 
exceed any applicable national voluntary consensus standards developed 
under section 647 of the Post-Katrina Emergency Management Reform Act 
of 2006 (6 U.S.C. 747), the applicant shall include in its application 
an explanation of why such equipment or systems will serve the needs of 
the applicant better than equipment or systems that meet or exceed such 
standards.

                  ``Subtitle B--Grants Administration

``SEC. 2021. ADMINISTRATION AND COORDINATION.
    ``(a) Regional Coordination.--The Administrator shall ensure that--
        ``(1) all recipients of grants administered by the Department 
    to prevent, prepare for, protect against, or respond to natural 
    disasters, acts of terrorism, or other man-made disasters 
    (excluding assistance provided under section 203, title IV, or 
    title V of the Robert T. Stafford Disaster Relief and Emergency 
    Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) 
    coordinate, as appropriate, their prevention, preparedness, and 
    protection efforts with neighboring State, local, and tribal 
    governments; and
        ``(2) all high-risk urban areas and other recipients of grants 
    administered by the Department to prevent, prepare for, protect 
    against, or respond to natural disasters, acts of terrorism, or 
    other man-made disasters (excluding assistance provided under 
    section 203, title IV, or title V of the Robert T. Stafford 
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 
    et seq., and 5191 et seq.)) that include or substantially affect 
    parts or all of more than 1 State coordinate, as appropriate, 
    across State boundaries, including, where appropriate, through the 
    use of regional working groups and requirements for regional plans.
    ``(b) Planning Committees.--
        ``(1) In general.--Any State or high-risk urban area receiving 
    a grant under section 2003 or 2004 shall establish a planning 
    committee to assist in preparation and revision of the State, 
    regional, or local homeland security plan and to assist in 
    determining effective funding priorities for grants under sections 
    2003 and 2004.
        ``(2) Composition.--
            ``(A) In general.--The planning committee shall include 
        representatives of significant stakeholders, including--
                ``(i) local and tribal government officials; and
                ``(ii) emergency response providers, which shall 
            include representatives of the fire service, law 
            enforcement, emergency medical response, and emergency 
            managers.
            ``(B) Geographic representation.--The members of the 
        planning committee shall be a representative group of 
        individuals from the counties, cities, towns, and Indian tribes 
        within the State or high-risk urban area, including, as 
        appropriate, representatives of rural, high-population, and 
        high-threat jurisdictions.
        ``(3) Existing planning committees.--Nothing in this subsection 
    may be construed to require that any State or high-risk urban area 
    create a planning committee if that State or high-risk urban area 
    has established and uses a multijurisdictional planning committee 
    or commission that meets the requirements of this subsection.
    ``(c) Interagency Coordination.--
        ``(1) In general.--Not later than 12 months after the date of 
    enactment of the Implementing Recommendations of the 9/11 
    Commission Act of 2007, the Secretary (acting through the 
    Administrator), the Attorney General, the Secretary of Health and 
    Human Services, and the heads of other agencies providing 
    assistance to State, local, and tribal governments for preventing, 
    preparing for, protecting against, and responding to natural 
    disasters, acts of terrorism, and other man-made disasters, shall 
    jointly--
            ``(A) compile a comprehensive list of Federal grant 
        programs for State, local, and tribal governments for 
        preventing, preparing for, protecting against, and responding 
        to natural disasters, acts of terrorism, and other man-made 
        disasters;
            ``(B) compile the planning, reporting, application, and 
        other requirements and guidance for the grant programs 
        described in subparagraph (A);
            ``(C) develop recommendations, as appropriate, to--
                ``(i) eliminate redundant and duplicative requirements 
            for State, local, and tribal governments, including onerous 
            application and ongoing reporting requirements;
                ``(ii) ensure accountability of the programs to the 
            intended purposes of such programs;
                ``(iii) coordinate allocation of grant funds to avoid 
            duplicative or inconsistent purchases by the recipients;
                ``(iv) make the programs more accessible and user 
            friendly to applicants; and
                ``(v) ensure the programs are coordinated to enhance 
            the overall preparedness of the Nation;
            ``(D) submit the information and recommendations under 
        subparagraphs (A), (B), and (C) to the appropriate committees 
        of Congress; and
            ``(E) provide the appropriate committees of Congress, the 
        Comptroller General, and any officer or employee of the 
        Government Accountability Office with full access to any 
        information collected or reviewed in preparing the submission 
        under subparagraph (D).
        ``(2) Scope of task.--Nothing in this subsection shall 
    authorize the elimination, or the alteration of the purposes, as 
    delineated by statute, regulation, or guidance, of any grant 
    program that exists on the date of the enactment of the 
    Implementing Recommendations of the 9/11 Commission Act of 2007, 
    nor authorize the review or preparation of proposals on the 
    elimination, or the alteration of such purposes, of any such grant 
    program.
    ``(d) Sense of Congress.--It is the sense of Congress that, in 
order to ensure that the Nation is most effectively able to prevent, 
prepare for, protect against, and respond to all hazards, including 
natural disasters, acts of terrorism, and other man-made disasters--
        ``(1) the Department should administer a coherent and 
    coordinated system of both terrorism-focused and all-hazards 
    grants;
        ``(2) there should be a continuing and appropriate balance 
    between funding for terrorism-focused and all-hazards preparedness, 
    as reflected in the authorizations of appropriations for grants 
    under the amendments made by titles I and II, as applicable, of the 
    Implementing Recommendations of the 9/11 Commission Act of 2007; 
    and
        ``(3) with respect to terrorism-focused grants, it is necessary 
    to ensure both that the target capabilities of the highest risk 
    areas are achieved quickly and that basic levels of preparedness, 
    as measured by the attainment of target capabilities, are achieved 
    nationwide.
``SEC. 2022. ACCOUNTABILITY.
    ``(a) Audits of Grant Programs.--
        ``(1) Compliance requirements.--
            ``(A) Audit requirement.--Each recipient of a grant 
        administered by the Department that expends not less than 
        $500,000 in Federal funds during its fiscal year shall submit 
        to the Administrator a copy of the organization-wide financial 
        and compliance audit report required under chapter 75 of title 
        31, United States Code.
            ``(B) Access to information.--The Department and each 
        recipient of a grant administered by the Department shall 
        provide the Comptroller General and any officer or employee of 
        the Government Accountability Office with full access to 
        information regarding the activities carried out related to any 
        grant administered by the Department.
            ``(C) Improper payments.--Consistent with the Improper 
        Payments Information Act of 2002 (31 U.S.C. 3321 note), for 
        each of the grant programs under sections 2003 and 2004 of this 
        title and section 662 of the Post-Katrina Emergency Management 
        Reform Act of 2006 (6 U.S.C. 762), the Administrator shall 
        specify policies and procedures for--
                ``(i) identifying activities funded under any such 
            grant program that are susceptible to significant improper 
            payments; and
                ``(ii) reporting any improper payments to the 
            Department.
        ``(2) Agency program review.--
            ``(A) In general.--Not less than once every 2 years, the 
        Administrator shall conduct, for each State and high-risk urban 
        area receiving a grant administered by the Department, a 
        programmatic and financial review of all grants awarded by the 
        Department to prevent, prepare for, protect against, or respond 
        to natural disasters, acts of terrorism, or other man-made 
        disasters, excluding assistance provided under section 203, 
        title IV, or title V of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 
        5191 et seq.).
            ``(B) Contents.--Each review under subparagraph (A) shall, 
        at a minimum, examine--
                ``(i) whether the funds awarded were used in accordance 
            with the law, program guidance, and State homeland security 
            plans or other applicable plans; and
                ``(ii) the extent to which funds awarded enhanced the 
            ability of a grantee to prevent, prepare for, protect 
            against, and respond to natural disasters, acts of 
            terrorism, and other man-made disasters.
            ``(C) Authorization of appropriations.--In addition to any 
        other amounts authorized to be appropriated to the 
        Administrator, there are authorized to be appropriated to the 
        Administrator for reviews under this paragraph--
                ``(i) $8,000,000 for each of fiscal years 2008, 2009, 
            and 2010; and
                ``(ii) such sums as are necessary for fiscal year 2011, 
            and each fiscal year thereafter.
        ``(3) Office of inspector general performance audits.--
            ``(A) In general.--In order to ensure the effective and 
        appropriate use of grants administered by the Department, the 
        Inspector General of the Department each year shall conduct 
        audits of a sample of States and high-risk urban areas that 
        receive grants administered by the Department to prevent, 
        prepare for, protect against, or respond to natural disasters, 
        acts of terrorism, or other man-made disasters, excluding 
        assistance provided under section 203, title IV, or title V of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.).
            ``(B) Determining samples.--The sample selected for audits 
        under subparagraph (A) shall be--
                ``(i) of an appropriate size to--

                    ``(I) assess the overall integrity of the grant 
                programs described in subparagraph (A); and
                    ``(II) act as a deterrent to financial 
                mismanagement; and

                ``(ii) selected based on--

                    ``(I) the size of the grants awarded to the 
                recipient;
                    ``(II) the past grant management performance of the 
                recipient;
                    ``(III) concerns identified by the Administrator, 
                including referrals from the Administrator; and
                    ``(IV) such other factors as determined by the 
                Inspector General of the Department.

            ``(C) Comprehensive auditing.--During the 7-year period 
        beginning on the date of enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, the 
        Inspector General of the Department shall conduct not fewer 
        than 1 audit of each State that receives funds under a grant 
        under section 2003 or 2004.
            ``(D) Report by the inspector general.--
                ``(i) In general.--The Inspector General of the 
            Department shall submit to the appropriate committees of 
            Congress an annual consolidated report regarding the audits 
            completed during the fiscal year before the date of that 
            report.
                ``(ii) Contents.--Each report submitted under clause 
            (i) shall describe, for the fiscal year before the date of 
            that report--

                    ``(I) the audits conducted under subparagraph (A);
                    ``(II) the findings of the Inspector General with 
                respect to the audits conducted under subparagraph (A);
                    ``(III) whether the funds awarded were used in 
                accordance with the law, program guidance, and State 
                homeland security plans and other applicable plans; and
                    ``(IV) the extent to which funds awarded enhanced 
                the ability of a grantee to prevent, prepare for, 
                protect against, and respond to natural disasters, acts 
                of terrorism and other man-made disasters.

                ``(iii) Deadline.--For each year, the report required 
            under clause (i) shall be submitted not later than December 
            31.
            ``(E) Public availability on website.--The Inspector 
        General of the Department shall make each audit conducted under 
        subparagraph (A) available on the website of the Inspector 
        General, subject to redaction as the Inspector General 
        determines necessary to protect classified and other sensitive 
        information.
            ``(F) Provision of information to administrator.--The 
        Inspector General of the Department shall provide to the 
        Administrator any findings and recommendations from audits 
        conducted under subparagraph (A).
            ``(G) Evaluation of grants management and oversight.--Not 
        later than 1 year after the date of enactment of the 
        Implementing Recommendations of the 9/11 Commission Act of 
        2007, the Inspector General of the Department shall review and 
        evaluate the grants management and oversight practices of the 
        Federal Emergency Management Agency, including assessment of 
        and recommendations relating to--
                ``(i) the skills, resources, and capabilities of the 
            workforce; and
                ``(ii) any additional resources and staff necessary to 
            carry out such management and oversight.
            ``(H) Authorization of appropriations.--In addition to any 
        other amounts authorized to be appropriated to the Inspector 
        General of the Department, there are authorized to be 
        appropriated to the Inspector General of the Department for 
        audits under subparagraph (A)--
                ``(i) $8,500,000 for each of fiscal years 2008, 2009, 
            and 2010; and
                ``(ii) such sums as are necessary for fiscal year 2011, 
            and each fiscal year thereafter.
        ``(4) Performance assessment.--In order to ensure that States 
    and high-risk urban areas are using grants administered by the 
    Department appropriately to meet target capabilities and 
    preparedness priorities, the Administrator shall--
            ``(A) ensure that any such State or high-risk urban area 
        conducts or participates in exercises under section 648(b) of 
        the Post-Katrina Emergency Management Reform Act of 2006 (6 
        U.S.C. 748(b));
            ``(B) use performance metrics in accordance with the 
        comprehensive assessment system under section 649 of the Post-
        Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 749) 
        and ensure that any such State or high-risk urban area 
        regularly tests its progress against such metrics through the 
        exercises required under subparagraph (A);
            ``(C) use the remedial action management program under 
        section 650 of the Post-Katrina Emergency Management Reform Act 
        of 2006 (6 U.S.C. 750); and
            ``(D) ensure that each State receiving a grant administered 
        by the Department submits a report to the Administrator on its 
        level of preparedness, as required by section 652(c) of the 
        Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
        752(c)).
        ``(5) Consideration of assessments.--In conducting program 
    reviews and performance audits under paragraphs (2) and (3), the 
    Administrator and the Inspector General of the Department shall 
    take into account the performance assessment elements required 
    under paragraph (4).
        ``(6) Recovery audits.--The Administrator shall conduct a 
    recovery audit (as that term is defined by the Director of the 
    Office of Management and Budget under section 3561 of title 31, 
    United States Code) for any grant administered by the Department 
    with a total value of not less than $1,000,000, if the 
    Administrator finds that--
            ``(A) a financial audit has identified improper payments 
        that can be recouped; and
            ``(B) it is cost effective to conduct a recovery audit to 
        recapture the targeted funds.
        ``(7) Remedies for noncompliance.--
            ``(A) In general.--If, as a result of a review or audit 
        under this subsection or otherwise, the Administrator finds 
        that a recipient of a grant under this title has failed to 
        substantially comply with any provision of law or with any 
        regulations or guidelines of the Department regarding eligible 
        expenditures, the Administrator shall--
                ``(i) reduce the amount of payment of grant funds to 
            the recipient by an amount equal to the amount of grants 
            funds that were not properly expended by the recipient;
                ``(ii) limit the use of grant funds to programs, 
            projects, or activities not affected by the failure to 
            comply;
                ``(iii) refer the matter to the Inspector General of 
            the Department for further investigation;
                ``(iv) terminate any payment of grant funds to be made 
            to the recipient; or
                ``(v) take such other action as the Administrator 
            determines appropriate.
            ``(B) Duration of penalty.--The Administrator shall apply 
        an appropriate penalty under subparagraph (A) until such time 
        as the Administrator determines that the grant recipient is in 
        full compliance with the law and with applicable guidelines or 
        regulations of the Department.
    ``(b) Reports by Grant Recipients.--
        ``(1) Quarterly reports on homeland security spending.--
            ``(A) In general.--As a condition of receiving a grant 
        under section 2003 or 2004, a State, high-risk urban area, or 
        directly eligible tribe shall, not later than 30 days after the 
        end of each Federal fiscal quarter, submit to the Administrator 
        a report on activities performed using grant funds during that 
        fiscal quarter.
            ``(B) Contents.--Each report submitted under subparagraph 
        (A) shall at a minimum include, for the applicable State, high-
        risk urban area, or directly eligible tribe, and each 
        subgrantee thereof--
                ``(i) the amount obligated to that recipient under 
            section 2003 or 2004 in that quarter;
                ``(ii) the amount of funds received and expended under 
            section 2003 or 2004 by that recipient in that quarter; and
                ``(iii) a summary description of expenditures made by 
            that recipient using such funds, and the purposes for which 
            such expenditures were made.
            ``(C) End-of-year report.--The report submitted under 
        subparagraph (A) by a State, high-risk urban area, or directly 
        eligible tribe relating to the last quarter of any fiscal year 
        shall include--
                ``(i) the amount and date of receipt of all funds 
            received under the grant during that fiscal year;
                ``(ii) the identity of, and amount provided to, any 
            subgrantee for that grant during that fiscal year;
                ``(iii) the amount and the dates of disbursements of 
            all such funds expended in compliance with section 
            2021(a)(1) or under mutual aid agreements or other sharing 
            arrangements that apply within the State, high-risk urban 
            area, or directly eligible tribe, as applicable, during 
            that fiscal year; and
                ``(iv) how the funds were used by each recipient or 
            subgrantee during that fiscal year.
        ``(2) Annual report.--Any State applying for a grant under 
    section 2004 shall submit to the Administrator annually a State 
    preparedness report, as required by section 652(c) of the Post-
    Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)).
    ``(c) Reports by the Administrator.--
        ``(1) Federal preparedness report.--The Administrator shall 
    submit to the appropriate committees of Congress annually the 
    Federal Preparedness Report required under section 652(a) of the 
    Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
    752(a)).
        ``(2) Risk assessment.--
            ``(A) In general.--For each fiscal year, the Administrator 
        shall provide to the appropriate committees of Congress a 
        detailed and comprehensive explanation of the methodologies 
        used to calculate risk and compute the allocation of funds for 
        grants administered by the Department, including--
                ``(i) all variables included in the risk assessment and 
            the weights assigned to each such variable;
                ``(ii) an explanation of how each such variable, as 
            weighted, correlates to risk, and the basis for concluding 
            there is such a correlation; and
                ``(iii) any change in the methodologies from the 
            previous fiscal year, including changes in variables 
            considered, weighting of those variables, and computational 
            methods.
            ``(B) Classified annex.--The information required under 
        subparagraph (A) shall be provided in unclassified form to the 
        greatest extent possible, and may include a classified annex if 
        necessary.
            ``(C) Deadline.--For each fiscal year, the information 
        required under subparagraph (A) shall be provided on the 
        earlier of--
                ``(i) October 31; or
                ``(ii) 30 days before the issuance of any program 
            guidance for grants administered by the Department.
        ``(3) Tribal funding report.--At the end of each fiscal year, 
    the Administrator shall submit to the appropriate committees of 
    Congress a report setting forth the amount of funding provided 
    during that fiscal year to Indian tribes under any grant program 
    administered by the Department, whether provided directly or 
    through a subgrant from a State or high-risk urban area.''.
    SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.
    (a) National Advisory Council.--Section 508(b) of the Homeland 
Security Act of 2002 (6 U.S.C. 318(b)) is amended--
        (1) by striking ``The National Advisory'' the first place that 
    term appears and inserting the following:
        ``(1) In general.--The National Advisory''; and
        (2) by adding at the end the following:
        ``(2) Consultation on grants.--To ensure input from and 
    coordination with State, local, and tribal governments and 
    emergency response providers, the Administrator shall regularly 
    consult and work with the National Advisory Council on the 
    administration and assessment of grant programs administered by the 
    Department, including with respect to the development of program 
    guidance and the development and evaluation of risk-assessment 
    methodologies, as appropriate.''.
    (b) Evacuation Planning.--Section 512(b)(5)(A) of the Homeland 
Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is amended by inserting 
``, including the elderly'' after ``needs''.
    SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGEMENT 
      REFORM ACT OF 2006.
    (a) Funding Efficacy.--Section 652(a)(2) of the Post-Katrina 
Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)(2)) is 
amended--
        (1) in subparagraph (C), by striking ``and'' at the end;
        (2) in subparagraph (D), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
            ``(E) an evaluation of the extent to which grants 
        administered by the Department, including grants under title XX 
        of the Homeland Security Act of 2002--
                ``(i) have contributed to the progress of State, local, 
            and tribal governments in achieving target capabilities; 
            and
                ``(ii) have led to the reduction of risk from natural 
            disasters, acts of terrorism, or other man-made disasters 
            nationally and in State, local, and tribal 
            jurisdictions.''.
    (b) State Preparedness Report.--Section 652(c)(2)(D) of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)(2)(D)) 
is amended by striking ``an assessment of resource needs'' and 
inserting ``a discussion of the extent to which target capabilities 
identified in the applicable State homeland security plan and other 
applicable plans remain unmet and an assessment of resources needed''.
    SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.
    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended--
        (1) by redesignating title XVIII, as added by the SAFE Port Act 
    (Public Law 109-347; 120 Stat. 1884), as title XIX;
        (2) by redesignating sections 1801 through 1806, as added by 
    the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as sections 
    1901 through 1906, respectively;
        (3) in section 1904(a), as so redesignated, by striking 
    ``section 1802'' and inserting ``section 1902'';
        (4) in section 1906, as so redesignated, by striking ``section 
    1802(a)'' each place that term appears and inserting ``section 
    1902(a)''; and
        (5) in the table of contents in section 1(b), by striking the 
    items relating to title XVIII and sections 1801 through 1806, as 
    added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), 
    and inserting the following:

             ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

``Sec. 1901. Domestic Nuclear Detection Office.
``Sec. 1902. Mission of Office.
``Sec. 1903. Hiring authority.
``Sec. 1904. Testing authority.
``Sec. 1905. Relationship to other Department entities and Federal 
          agencies.
``Sec. 1906. Contracting and grant making authorities.

                  ``TITLE XX--HOMELAND SECURITY GRANTS

``Sec. 2001. Definitions.

        ``Subtitle A--Grants to States and High-Risk Urban Areas

``Sec. 2002. Homeland Security Grant Programs.
``Sec. 2003. Urban Area Security Initiative.
``Sec. 2004. State Homeland Security Grant Program.
``Sec. 2005. Grants to directly eligible tribes.
``Sec. 2006. Terrorism prevention.
``Sec. 2007. Prioritization.
``Sec. 2008. Use of funds.

                   ``Subtitle B--Grants Administration

``Sec. 2021. Administration and coordination.
``Sec. 2022. Accountability.''.

           TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

    SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.
    Section 662 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 762) is amended to read as follows:
    ``SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
    ``(a) Definitions.--In this section--
        ``(1) the term `program' means the emergency management 
    performance grants program described in subsection (b); and
        ``(2) the term `State' has the meaning given that term in 
    section 102 of the Robert T. Stafford Disaster Relief and Emergency 
    Assistance Act (42 U.S.C. 5122).
    ``(b) In General.--The Administrator of the Federal Emergency 
Management Agency shall continue implementation of an emergency 
management performance grants program, to make grants to States to 
assist State, local, and tribal governments in preparing for all 
hazards, as authorized by the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
    ``(c) Federal Share.--Except as otherwise specifically provided by 
title VI of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Federal share of the cost 
of an activity carried out using funds made available under the program 
shall not exceed 50 percent.
    ``(d) Apportionment.--For fiscal year 2008, and each fiscal year 
thereafter, the Administrator shall apportion the amounts appropriated 
to carry out the program among the States as follows:
        ``(1) Baseline amount.--The Administrator shall first apportion 
    0.25 percent of such amounts to each of American Samoa, the 
    Commonwealth of the Northern Mariana Islands, Guam, and the Virgin 
    Islands and 0.75 percent of such amounts to each of the remaining 
    States.
        ``(2) Remainder.--The Administrator shall apportion the 
    remainder of such amounts in the ratio that--
            ``(A) the population of each State; bears to
            ``(B) the population of all States.
    ``(e) Consistency in Allocation.--Notwithstanding subsection (d), 
in any fiscal year before fiscal year 2013 in which the appropriation 
for grants under this section is equal to or greater than the 
appropriation for emergency management performance grants in fiscal 
year 2007, no State shall receive an amount under this section for that 
fiscal year less than the amount that State received in fiscal year 
2007.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the program--
        ``(1) for fiscal year 2008, $400,000,000;
        ``(2) for fiscal year 2009, $535,000,000;
        ``(3) for fiscal year 2010, $680,000,000;
        ``(4) for fiscal year 2011, $815,000,000; and
        ``(5) for fiscal year 2012, $950,000,000.''.
    SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.
    Section 614 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196c) is amended to read as follows:
    ``SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS 
      CENTERS.
    ``(a) Grants.--The Administrator of the Federal Emergency 
Management Agency may make grants to States under this title for 
equipping, upgrading, and constructing State and local emergency 
operations centers.
    ``(b) Federal Share.--Notwithstanding any other provision of this 
title, the Federal share of the cost of an activity carried out using 
amounts from grants made under this section shall not exceed 75 
percent.''.

     TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST 
                               RESPONDERS

    SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.
    (a) Establishment.--Title XVIII of the Homeland Security Act of 
2002 (6 U.S.C. 571 et seq.) is amended by adding at the end the 
following new section:
``SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.
    ``(a) Establishment.--The Secretary shall establish the 
Interoperable Emergency Communications Grant Program to make grants to 
States to carry out initiatives to improve local, tribal, statewide, 
regional, national and, where appropriate, international interoperable 
emergency communications, including communications in collective 
response to natural disasters, acts of terrorism, and other man-made 
disasters.
    ``(b) Policy.--The Director for Emergency Communications shall 
ensure that a grant awarded to a State under this section is consistent 
with the policies established pursuant to the responsibilities and 
authorities of the Office of Emergency Communications under this title, 
including ensuring that activities funded by the grant--
        ``(1) comply with the statewide plan for that State required by 
    section 7303(f) of the Intelligence Reform and Terrorism Prevention 
    Act of 2004 (6 U.S.C. 194(f)); and
        ``(2) comply with the National Emergency Communications Plan 
    under section 1802, when completed.
    ``(c) Administration.--
        ``(1) In general.--The Administrator of the Federal Emergency 
    Management Agency shall administer the Interoperable Emergency 
    Communications Grant Program pursuant to the responsibilities and 
    authorities of the Administrator under title V of the Act.
        ``(2) Guidance.--In administering the grant program, the 
    Administrator shall ensure that the use of grants is consistent 
    with guidance established by the Director of Emergency 
    Communications pursuant to section 7303(a)(1)(H) of the 
    Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
    194(a)(1)(H)).
    ``(d) Use of Funds.--A State that receives a grant under this 
section shall use the grant to implement that State's Statewide 
Interoperability Plan required under section 7303(f) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
194(f)) and approved under subsection (e), and to assist with 
activities determined by the Secretary to be integral to interoperable 
emergency communications.
    ``(e) Approval of Plans.--
        ``(1) Approval as condition of grant.--Before a State may 
    receive a grant under this section, the Director of Emergency 
    Communications shall approve the State's Statewide Interoperable 
    Communications Plan required under section 7303(f) of the 
    Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
    194(f)).
        ``(2) Plan requirements.--In approving a plan under this 
    subsection, the Director of Emergency Communications shall ensure 
    that the plan--
            ``(A) is designed to improve interoperability at the city, 
        county, regional, State and interstate level;
            ``(B) considers any applicable local or regional plan; and
            ``(C) complies, to the maximum extent practicable, with the 
        National Emergency Communications Plan under section 1802.
        ``(3) Approval of revisions.--The Director of Emergency 
    Communications may approve revisions to a State's plan if the 
    Director determines that doing so is likely to further 
    interoperability.
    ``(f) Limitations on Uses of Funds.--
        ``(1) In general.--The recipient of a grant under this section 
    may not use the grant--
            ``(A) to supplant State or local funds;
            ``(B) for any State or local government cost-sharing 
        contribution; or
            ``(C) for recreational or social purposes.
        ``(2) Penalties.--In addition to other remedies currently 
    available, the Secretary may take such actions as necessary to 
    ensure that recipients of grant funds are using the funds for the 
    purpose for which they were intended.
    ``(g) Limitations on Award of Grants.--
        ``(1) National emergency communications plan required.--The 
    Secretary may not award a grant under this section before the date 
    on which the Secretary completes and submits to Congress the 
    National Emergency Communications Plan required under section 1802.
        ``(2) Voluntary consensus standards.--The Secretary may not 
    award a grant to a State under this section for the purchase of 
    equipment that does not meet applicable voluntary consensus 
    standards, unless the State demonstrates that there are compelling 
    reasons for such purchase.
    ``(h) Award of Grants.--In approving applications and awarding 
grants under this section, the Secretary shall consider--
        ``(1) the risk posed to each State by natural disasters, acts 
    of terrorism, or other manmade disasters, including--
            ``(A) the likely need of a jurisdiction within the State to 
        respond to such risk in nearby jurisdictions;
            ``(B) the degree of threat, vulnerability, and consequences 
        related to critical infrastructure (from all critical 
        infrastructure sectors) or key resources identified by the 
        Administrator or the State homeland security and emergency 
        management plans, including threats to, vulnerabilities of, and 
        consequences from damage to critical infrastructure and key 
        resources in nearby jurisdictions;
            ``(C) the size of the population and density of the 
        population of the State, including appropriate consideration of 
        military, tourist, and commuter populations;
            ``(D) whether the State is on or near an international 
        border;
            ``(E) whether the State encompasses an economically 
        significant border crossing; and
            ``(F) whether the State has a coastline bordering an ocean, 
        a major waterway used for interstate commerce, or international 
        waters; and
        ``(2) the anticipated effectiveness of the State's proposed use 
    of grant funds to improve interoperability.
    ``(i) Opportunity to Amend Applications.--In considering 
applications for grants under this section, the Administrator shall 
provide applicants with a reasonable opportunity to correct defects in 
the application, if any, before making final awards.
    ``(j) Minimum Grant Amounts.--
        ``(1) States.--In awarding grants under this section, the 
    Secretary shall ensure that for each fiscal year, except as 
    provided in paragraph (2), no State receives a grant in an amount 
    that is less than the following percentage of the total amount 
    appropriated for grants under this section for that fiscal year:
            ``(A) For fiscal year 2008, 0.50 percent.
            ``(B) For fiscal year 2009, 0.50 percent.
            ``(C) For fiscal year 2010, 0.45 percent.
            ``(D) For fiscal year 2011, 0.40 percent.
            ``(E) For fiscal year 2012 and each subsequent fiscal year, 
        0.35 percent.
        ``(2) Territories and possessions.--In awarding grants under 
    this section, the Secretary shall ensure that for each fiscal year, 
    American Samoa, the Commonwealth of the Northern Mariana Islands, 
    Guam, and the Virgin Islands each receive grants in amounts that 
    are not less than 0.08 percent of the total amount appropriated for 
    grants under this section for that fiscal year.
    ``(k) Certification.--Each State that receives a grant under this 
section shall certify that the grant is used for the purpose for which 
the funds were intended and in compliance with the State's approved 
Statewide Interoperable Communications Plan.
    ``(l) State Responsibilities.--
        ``(1) Availability of funds to local and tribal governments.--
    Not later than 45 days after receiving grant funds, any State that 
    receives a grant under this section shall obligate or otherwise 
    make available to local and tribal governments--
            ``(A) not less than 80 percent of the grant funds;
            ``(B) with the consent of local and tribal governments, 
        eligible expenditures having a value of not less than 80 
        percent of the amount of the grant; or
            ``(C) grant funds combined with other eligible expenditures 
        having a total value of not less than 80 percent of the amount 
        of the grant.
        ``(2) Allocation of funds.--A State that receives a grant under 
    this section shall allocate grant funds to tribal governments in 
    the State to assist tribal communities in improving interoperable 
    communications, in a manner consistent with the Statewide 
    Interoperable Communications Plan. A State may not impose 
    unreasonable or unduly burdensome requirements on a tribal 
    government as a condition of providing grant funds or resources to 
    the tribal government.
        ``(3) Penalties.--If a State violates the requirements of this 
    subsection, in addition to other remedies available to the 
    Secretary, the Secretary may terminate or reduce the amount of the 
    grant awarded to that State or transfer grant funds previously 
    awarded to the State directly to the appropriate local or tribal 
    government.
    ``(m) Reports.--
        ``(1) Annual reports by state grant recipients.--A State that 
    receives a grant under this section shall annually submit to the 
    Director of Emergency Communications a report on the progress of 
    the State in implementing that State's Statewide Interoperable 
    Communications Plans required under section 7303(f) of the 
    Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
    194(f)) and achieving interoperability at the city, county, 
    regional, State, and interstate levels. The Director shall make the 
    reports publicly available, including by making them available on 
    the Internet website of the Office of Emergency Communications, 
    subject to any redactions that the Director determines are 
    necessary to protect classified or other sensitive information.
        ``(2) Annual reports to congress.--At least once each year, the 
    Director of Emergency Communications shall submit to Congress a 
    report on the use of grants awarded under this section and any 
    progress in implementing Statewide Interoperable Communications 
    Plans and improving interoperability at the city, county, regional, 
    State, and interstate level, as a result of the award of such 
    grants.
    ``(n) Rule of Construction.--Nothing in this section shall be 
construed or interpreted to preclude a State from using a grant awarded 
under this section for interim or long-term Internet Protocol-based 
interoperable solutions.
    ``(o) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
        ``(1) for fiscal year 2008, such sums as may be necessary;
        ``(2) for each of fiscal years 2009 through 2012, $400,000,000; 
    and
        ``(3) for each subsequent fiscal year, such sums as may be 
    necessary.''.
    (b) Clerical Amendment.--The table of contents in section l(b) of 
such Act is amended by inserting after the item relating to section 
1808 the following:

``Sec. 1809. Interoperable Emergency Communications Grant Program.''.

    (c) Interoperable Communications Plans.--Section 7303 of the 
Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 194) 
is amended--
        (1) in subsection (f)--
            (A) in paragraph (4), by striking ``and'' at the end;
            (B) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (C) by adding at the end the following:
        ``(6) include information on the governance structure used to 
    develop the plan, including such information about all agencies and 
    organizations that participated in developing the plan and the 
    scope and timeframe of the plan; and
        ``(7) describe the method by which multi-jurisdictional, 
    multidisciplinary input is provided from all regions of the 
    jurisdiction, including any high-threat urban areas located in the 
    jurisdiction, and the process for continuing to incorporate such 
    input.'';
        (2) in subsection (g)(1), by striking ``or video'' and 
    inserting ``and video''.
    (d) National Emergency Communications Plan.--Section 1802(c) of the 
Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--
        (1) in paragraph (8), by striking ``and'' at the end;
        (2) in paragraph (9), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(10) set a date, including interim benchmarks, as 
    appropriate, by which State, local, and tribal governments, Federal 
    departments and agencies, and emergency response providers expect 
    to achieve a baseline level of national interoperable 
    communications, as that term is defined under section 7303(g)(1) of 
    the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
    U.S.C. 194(g)(1)).''.
    SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
    (a) In General.--Title XVIII of the Homeland Security Act of 2002 
(6 U.S.C. 571 et seq.) is amended by adding at the end the following 
new section:
``SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
    ``(a) In General.--
        ``(1) Establishment.--The Secretary, acting through the 
    Director of the Office of Emergency Communications (referred to in 
    this section as the `Director'), and in coordination with the 
    Federal Communications Commission and the Secretary of Commerce, 
    shall establish an International Border Community Interoperable 
    Communications Demonstration Project (referred to in this section 
    as the `demonstration project').
        ``(2) Minimum number of communities.--The Director shall select 
    no fewer than 6 communities to participate in a demonstration 
    project.
        ``(3) Location of communities.--No fewer than 3 of the 
    communities selected under paragraph (2) shall be located on the 
    northern border of the United States and no fewer than 3 of the 
    communities selected under paragraph (2) shall be located on the 
    southern border of the United States.
    ``(b) Conditions.--The Director, in coordination with the Federal 
Communications Commission and the Secretary of Commerce, shall ensure 
that the project is carried out as soon as adequate spectrum is 
available as a result of the 800 megahertz rebanding process in border 
areas, and shall ensure that the border projects do not impair or 
impede the rebanding process, but under no circumstances shall funds be 
distributed under this section unless the Federal Communications 
Commission and the Secretary of Commerce agree that these conditions 
have been met.
    ``(c) Program Requirements.--Consistent with the responsibilities 
of the Office of Emergency Communications under section 1801, the 
Director shall foster local, tribal, State, and Federal interoperable 
emergency communications, as well as interoperable emergency 
communications with appropriate Canadian and Mexican authorities in the 
communities selected for the demonstration project. The Director 
shall--
        ``(1) identify solutions to facilitate interoperable 
    communications across national borders expeditiously;
        ``(2) help ensure that emergency response providers can 
    communicate with each other in the event of natural disasters, acts 
    of terrorism, and other man-made disasters;
        ``(3) provide technical assistance to enable emergency response 
    providers to deal with threats and contingencies in a variety of 
    environments;
        ``(4) identify appropriate joint-use equipment to ensure 
    communications access;
        ``(5) identify solutions to facilitate communications between 
    emergency response providers in communities of differing population 
    densities; and
        ``(6) take other actions or provide equipment as the Director 
    deems appropriate to foster interoperable emergency communications.
    ``(d) Distribution of Funds.--
        ``(1) In general.--The Secretary shall distribute funds under 
    this section to each community participating in the demonstration 
    project through the State, or States, in which each community is 
    located.
        ``(2) Other participants.--A State shall make the funds 
    available promptly to the local and tribal governments and 
    emergency response providers selected by the Secretary to 
    participate in the demonstration project.
        ``(3) Report.--Not later than 90 days after a State receives 
    funds under this subsection the State shall report to the Director 
    on the status of the distribution of such funds to local and tribal 
    governments.
    ``(e) Maximum Period of Grants.--The Director may not fund any 
participant under the demonstration project for more than 3 years.
    ``(f) Transfer of Information and Knowledge.--The Director shall 
establish mechanisms to ensure that the information and knowledge 
gained by participants in the demonstration project are transferred 
among the participants and to other interested parties, including other 
communities that submitted applications to the participant in the 
project.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated for grants under this section such sums as may be 
necessary.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
that Act is amended by inserting after the item relating to section 
1809 the following:

``Sec. 1810. Border interoperability demonstration project.''.

       TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

    SEC. 401. DEFINITIONS.
    (a) In General.--Section 501 of the Homeland Security Act of 2002 
(6 U.S.C. 311) is amended--
        (1) by redesignating paragraphs (10) and (11) as paragraphs 
    (12) and (13), respectively;
        (2) by redesignating paragraphs (4) through (9) as paragraphs 
    (5) through (10), respectively;
        (3) by inserting after paragraph (3) the following:
        ``(4) the terms `credentialed' and `credentialing' mean having 
    provided, or providing, respectively, documentation that identifies 
    personnel and authenticates and verifies the qualifications of such 
    personnel by ensuring that such personnel possess a minimum common 
    level of training, experience, physical and medical fitness, and 
    capability appropriate for a particular position in accordance with 
    standards created under section 510;'';
        (4) by inserting after paragraph (10), as so redesignated, the 
    following:
        ``(11) the term `resources' means personnel and major items of 
    equipment, supplies, and facilities available or potentially 
    available for responding to a natural disaster, act of terrorism, 
    or other man-made disaster;'';
        (5) in paragraph (12), as so redesignated, by striking ``and'' 
    at the end;
        (6) in paragraph (13), as so redesignated, by striking the 
    period at the end and inserting ``; and''; and
        (7) by adding at the end the following:
        ``(14) the terms `typed' and `typing' mean having evaluated, or 
    evaluating, respectively, a resource in accordance with standards 
    created under section 510.''.
    (b) Technical and Conforming Amendments.--Section 641 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741) is 
amended--
        (1) by redesignating paragraphs (2) through (10) as paragraphs 
    (3) through (11), respectively;
        (2) by inserting after paragraph (1) the following:
        ``(2) Credentialed; credentialing.--The terms `credentialed' 
    and `credentialing' have the meanings given those terms in section 
    501 of the Homeland Security Act of 2002 (6 U.S.C. 311).''; and
        (3) by adding at the end the following:
        ``(12) Resources.--The term `resources' has the meaning given 
    that term in section 501 of the Homeland Security Act of 2002 (6 
    U.S.C. 311).
        ``(13) Type.--The term `type' means a classification of 
    resources that refers to the capability of a resource.
        ``(14) Typed; typing.--The terms `typed' and `typing' have the 
    meanings given those terms in section 501 of the Homeland Security 
    Act of 2002 (6 U.S.C. 311).''.
    SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN.
    Section 648(b)(2)(A) of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended by striking 
clauses (iv) and (v) and inserting the following:
                ``(iv) designed to provide for the systematic 
            evaluation of readiness and enhance operational 
            understanding of the incident command system and relevant 
            mutual aid agreements;
                ``(v) designed to address the unique requirements of 
            populations with special needs, including the elderly; and
                ``(vi) designed to promptly develop after-action 
            reports and plans for quickly incorporating lessons learned 
            into future operations; and''.
    SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.
    Section 648(b)(2)(B) of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 748(b)(2)(B)) is amended by striking 
``shall provide'' and all that follows through ``of exercises'' and 
inserting the following: ``shall include a selection of model exercises 
that State, local, and tribal governments can readily adapt for use and 
provide assistance to State, local, and tribal governments with the 
design, implementation, and evaluation of exercises (whether a model 
exercise program or an exercise designed locally)''.
    SEC. 404. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL 
      FACILITIES TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR 
      PREPAREDNESS.
    Section 507(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
317(c)(2)) is amended--
        (1) in subparagraph (H) by striking ``and'' at the end;
        (2) by redesignating subparagraph (I) as subparagraph (K); and
        (3) by inserting after subparagraph (H) the following:
            ``(I) coordinating with the private sector to help ensure 
        private sector preparedness for natural disasters, acts of 
        terrorism, and other man-made disasters;
            ``(J) assisting State, local, and tribal governments, where 
        appropriate, to preidentify and evaluate suitable sites where a 
        multijurisdictional incident command system may quickly be 
        established and operated from, if the need for such a system 
        arises; and''.
    SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY.
    Section 651 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 751) is amended--
        (1) in subsection (b)--
            (A) in the matter preceding paragraph (1), by striking 
        ``The inventory'' and inserting ``For each Federal agency with 
        responsibilities under the National Response Plan, the 
        inventory'';
            (B) in paragraph (1), by striking ``and'' at the end;
            (C) by redesignating paragraph (2) as paragraph (4); and
            (D) by inserting after paragraph (1) the following:
        ``(2) a list of personnel credentialed in accordance with 
    section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320);
        ``(3) a list of resources typed in accordance with section 510 
    of the Homeland Security Act of 2002 (6 U.S.C. 320); and''; and
        (2) in subsection (d)--
            (A) in paragraph (1), by striking ``capabilities, 
        readiness'' and all that follows and inserting the following: 
        ``--
            ``(A) capabilities;
            ``(B) readiness;
            ``(C) the compatibility of equipment;
            ``(D) credentialed personnel; and
            ``(E) typed resources;'';
            (B) in paragraph (2), by inserting ``of capabilities, 
        credentialed personnel, and typed resources'' after ``rapid 
        deployment''; and
            (C) in paragraph (3), by striking ``inventories'' and 
        inserting ``the inventory described in subsection (a)''.
    SEC. 406. REPORTING REQUIREMENTS.
    Section 652(a)(2) of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 752(a)(2)), as amended by section 103, is further 
amended--
        (1) in subparagraph (C), by striking ``section 651(a);'' and 
    inserting ``section 651, including the number and type of 
    credentialed personnel in each category of personnel trained and 
    ready to respond to a natural disaster, act of terrorism, or other 
    man-made disaster;'';
        (2) in subparagraph (D), by striking ``and'' at the end;
        (3) in subparagraph (E), by striking the period at the end and 
    inserting ``; and''; and
        (4) by adding at the end the following:
            ``(F) a discussion of whether the list of credentialed 
        personnel of the Agency described in section 651(b)(2)--
                ``(i) complies with the strategic human capital plan 
            developed under section 10102 of title 5, United States 
            Code; and
                ``(ii) is sufficient to respond to a natural disaster, 
            act of terrorism, or other man-made disaster, including a 
            catastrophic incident.''.
    SEC. 407. FEDERAL PREPAREDNESS.
    Section 653 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 753) is amended--
        (1) in subsection (a)--
            (A) in the matter preceding paragraph (1), by striking 
        ``coordinating, primary, or supporting'';
            (B) in paragraph (2), by inserting ``, including 
        credentialing of personnel and typing of resources likely 
        needed to respond to a natural disaster, act of terrorism, or 
        other man-made disaster in accordance with section 510 of the 
        Homeland Security Act of 2002 (6 U.S.C. 320)'' before the 
        semicolon at the end;
            (C) in paragraph (3), by striking ``and'' at the end;
            (D) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (E) by adding at the end the following:
        ``(5) regularly updates, verifies the accuracy of, and provides 
    to the Administrator the information in the inventory required 
    under section 651.''; and
        (2) in subsection (d)--
            (A) by inserting ``to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Homeland Security and the Committee on Transportation and 
        Infrastructure of the House of Representatives'' after ``The 
        President shall certify''; and
            (B) by striking ``coordinating, primary, or supporting''.
    SEC. 408. CREDENTIALING AND TYPING.
    Section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320) is 
amended--
        (1) by striking ``The Administrator'' and inserting the 
    following:
    ``(a) In General.--The Administrator'';
        (2) in subsection (a), as so designated, by striking 
    ``credentialing of personnel and typing of'' and inserting ``for 
    credentialing and typing of incident management personnel, 
    emergency response providers, and other personnel (including 
    temporary personnel) and''; and
        (3) by adding at the end the following:
    ``(b) Distribution.--
        ``(1) In general.--Not later than 1 year after the date of 
    enactment of the Implementing Recommendations of the 9/11 
    Commission Act of 2007, the Administrator shall provide the 
    standards developed under subsection (a), including detailed 
    written guidance, to--
            ``(A) each Federal agency that has responsibilities under 
        the National Response Plan to aid that agency with 
        credentialing and typing incident management personnel, 
        emergency response providers, and other personnel (including 
        temporary personnel) and resources likely needed to respond to 
        a natural disaster, act of terrorism, or other man-made 
        disaster; and
            ``(B) State, local, and tribal governments, to aid such 
        governments with credentialing and typing of State, local, and 
        tribal incident management personnel, emergency response 
        providers, and other personnel (including temporary personnel) 
        and resources likely needed to respond to a natural disaster, 
        act of terrorism, or other man-made disaster.
        ``(2) Assistance.--The Administrator shall provide expertise 
    and technical assistance to aid Federal, State, local, and tribal 
    government agencies with credentialing and typing incident 
    management personnel, emergency response providers, and other 
    personnel (including temporary personnel) and resources likely 
    needed to respond to a natural disaster, act of terrorism, or other 
    man-made disaster.
    ``(c) Credentialing and Typing of Personnel.--Not later than 6 
months after receiving the standards provided under subsection (b), 
each Federal agency with responsibilities under the National Response 
Plan shall ensure that incident management personnel, emergency 
response providers, and other personnel (including temporary personnel) 
and resources likely needed to respond to a natural disaster, act of 
terrorism, or other manmade disaster are credentialed and typed in 
accordance with this section.
    ``(d) Consultation on Health Care Standards.--In developing 
standards for credentialing health care professionals under this 
section, the Administrator shall consult with the Secretary of Health 
and Human Services.''.
    SEC. 409. MODEL STANDARDS AND GUIDELINES FOR CRITICAL 
      INFRASTRUCTURE WORKERS.
    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended by adding at the end the following:
    ``SEC. 522. MODEL STANDARDS AND GUIDELINES FOR CRITICAL 
      INFRASTRUCTURE WORKERS.
    ``(a) In General.--Not later than 12 months after the date of 
enactment of the Implementing Recommendations of the 9/11 Commission 
Act of 2007, and in coordination with appropriate national professional 
organizations, Federal, State, local, and tribal government agencies, 
and private-sector and nongovernmental entities, the Administrator 
shall establish model standards and guidelines for credentialing 
critical infrastructure workers that may be used by a State to 
credential critical infrastructure workers that may respond to a 
natural disaster, act of terrorism, or other man-made disaster.
    ``(b) Distribution and Assistance.--The Administrator shall provide 
the standards developed under subsection (a), including detailed 
written guidance, to State, local, and tribal governments, and provide 
expertise and technical assistance to aid such governments with 
credentialing critical infrastructure workers that may respond to a 
natural disaster, act of terrorism, or other manmade disaster.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is 
amended by inserting after the item relating to section 521 the 
following:

``Sec. 522. Model standards and guidelines for critical infrastructure 
          workers.''.
    SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
    There are authorized to be appropriated such sums as necessary to 
carry out this title and the amendments made by this title.

  TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE 
    FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
     Subtitle A--Homeland Security Information Sharing Enhancement

    SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION 
      SHARING.
    (a) Advisory System and Information Sharing.--
        (1) In general.--Subtitle A of title II of the Homeland 
    Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at 
    the end the following:
    ``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
    ``(a) Requirement.--The Secretary shall administer the Homeland 
Security Advisory System in accordance with this section to provide 
advisories or warnings regarding the threat or risk that acts of 
terrorism will be committed 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 advisories or warnings.
    ``(b) Required Elements.--In administering the Homeland Security 
Advisory System, the Secretary shall--
        ``(1) establish criteria for the issuance and revocation of 
    such advisories or warnings;
        ``(2) develop a methodology, relying on the criteria 
    established under paragraph (1), for the issuance and revocation of 
    such advisories or warnings;
        ``(3) provide, in each such advisory or warning, specific 
    information and advice regarding appropriate protective measures 
    and countermeasures that may be taken in response to the threat or 
    risk, at the maximum level of detail practicable to enable 
    individuals, government entities, emergency response providers, and 
    the private sector to act appropriately;
        ``(4) whenever possible, limit the scope of each such advisory 
    or warning to a specific region, locality, or economic sector 
    believed to be under threat or at risk; and
        ``(5) not, in issuing any advisory or warning, use color 
    designations as the exclusive means of specifying homeland security 
    threat conditions that are the subject of the advisory or warning.
    ``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.
    ``(a) Information Sharing.--Consistent with section 1016 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
485), the Secretary, acting through the Under Secretary for 
Intelligence and Analysis, shall integrate the information and 
standardize the format of the products of the intelligence components 
of the Department containing homeland security information, terrorism 
information, weapons of mass destruction information, or national 
intelligence (as defined in section 3(5) of the National Security Act 
of 1947 (50 U.S.C. 401a(5))) except for any internal security protocols 
or personnel information of such intelligence components, or other 
administrative processes that are administered by any chief security 
officer of the Department.
    ``(b) Information Sharing and Knowledge Management Officers.--For 
each intelligence component of the Department, the Secretary shall 
designate an information sharing and knowledge management officer who 
shall report to the Under Secretary for Intelligence and Analysis 
regarding coordinating the different systems used in the Department to 
gather and disseminate homeland security information or national 
intelligence (as defined in section 3(5) of the National Security Act 
of 1947 (50 U.S.C. 401a(5))).
    ``(c) State, Local, and Private-Sector Sources of Information.--
        ``(1) Establishment of business processes.--The Secretary, 
    acting through the Under Secretary for Intelligence and Analysis or 
    the Assistant Secretary for Infrastructure Protection, as 
    appropriate, shall--
            ``(A) establish Department-wide procedures for the review 
        and analysis of information provided by State, local, and 
        tribal governments and the private sector;
            ``(B) as appropriate, integrate such information into the 
        information gathered by the Department and other departments 
        and agencies of the Federal Government; and
            ``(C) make available such information, as appropriate, 
        within the Department and to other departments and agencies of 
        the Federal Government.
        ``(2) Feedback.--The Secretary shall develop mechanisms to 
    provide feedback regarding the analysis and utility of information 
    provided by any entity of State, local, or tribal government or the 
    private sector that provides such information to the Department.
    ``(d) Training and Evaluation of Employees.--
        ``(1) Training.--The Secretary, acting through the Under 
    Secretary for Intelligence and Analysis or the Assistant Secretary 
    for Infrastructure Protection, as appropriate, shall provide to 
    employees of the Department opportunities for training and 
    education to develop an understanding of--
            ``(A) the definitions of homeland security information and 
        national intelligence (as defined in section 3(5) of the 
        National Security Act of 1947 (50 U.S.C. 401a(5))); and
            ``(B) how information ava