Section
202
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Amends HSA to establish a Homeland Security Grant Program (consisting of an Urban Area Security Initiative, State Homeland Security Grant Program, and Emergency Communications and Interoperability Grants Program). Authorizes the Secretary to award Program grants through the Administrator of the Federal Emergency Management Agency (FEMA). Declares that the Program shall supersede specified programs under the USA PATRIOT Act, HSA, and the Post-Katrina Emergency Management Reform Act of 2006.
Requires grant programs to include policies and procedures for:
(1) identifying funded activities that are susceptible to significant improper payments; and
(2) reporting the incidence of improper payments to DHS. Directs the Administrator to:
(1) establish minimum performance requirements for entities that receive homeland security grants;
(2) conduct simulations and exercises to test such requirements for emergencies and major disasters not less than twice each year and catastrophic incidents not less than once each year; and
(3) ensure that entities that are failing to demonstrate minimum performance requirements establish a plan for the achievement of those requirements within a specified time frame.
Provides that, at the Administrator's discretion, the occurrence of an actual emergency, major disaster, or catastrophic incident in an area may be deemed a simulation.
Directs the Administrator to report annually to the homeland security committees on grantee performance, lessons learned, and efforts being made to remedy failed performance.
Establishes the Urban Area Security Initiative to provide grants to assist high-risk metropolitan areas in preventing, preparing for, protecting against, responding to, and recovering from terrorist acts.
Directs the Administrator, in allocating funds among metropolitan areas applying for such grants to consider specified factors, such as the relative threat, vulnerability, and consequences faced by the eligible metropolitan area from a terrorist attack and the anticipated effectiveness of the proposed spending plan for the eligible metropolitan area in increasing that area's ability to prevent, prepare for, protect against, respond to, and recover from terrorism, to meet its target capabilities and to otherwise reduce the overall risk.
Requires the Administrator to distribute grant funds to the states in which an approved eligible metropolitan area is located.
Requires each state to provide the eligible metropolitan area at least 80% of grant funds and an accounting of the items or services on which any funds retained by the state were expended.
Establishes the State Homeland Security Grant Program to assist state, local, and tribal governments in preventing, preparing for, protecting against, responding to, and recovering from terrorist acts.
Directs the Administrator, in allocating funds among states applying for such grants, to:
(1) consider specified factors, such as the relative threat, vulnerability, and consequences faced by the state from a terrorist attack, the anticipated effectiveness of the proposed state spending plan in reaching certain goals, and the need to balance the goals of ensuring that target capabilities of the highest risk areas are achieved quickly and that basic levels of preparedness are achieved nationwide; and
(2) ensure that, for each fiscal year, no state receives less than .45% of the funds appropriated for the Program and that American Samoa, the Northern Mariana Islands, Guam, and the Virgin Islands each receive not less than .08%.
Allows the states to submit an application for multistate efforts.
Lists minimum allocation amounts for states and directly eligible tribes.
Lists permissible uses of grants, including the payment of appropriate personnel costs for protecting critical infrastructure and key resources identified in the Critical Infrastructure List. Directs the Administrator to designate not less than 25% of the combined amount appropriated for the Urban Area Security Initiative and the State Homeland Security Grant Program for law enforcement terrorism prevention activities, including for information sharing to preempt attacks, target hardening, threat recognition, and certain overtime expenses.
Establishes in DHS an Office for the Prevention of Terrorism, whose Director shall report directly to the Secretary. Requires the Director to establish a pilot project to determine the efficacy and feasibility of establishing law enforcement deployment teams that shall form the basis of a national network of standardized law enforcement resources to assist state, local, and tribal governments in responding to natural disasters, terrorist acts, or other man-made disasters.
. Places upon the Administrator responsibility for administering all DHS-administered homeland security grant programs and for ensuring coordination and consistency.
Requires any state or metropolitan area receiving grants to establish a planning committee to assist in preparing and revising state, regional, or local homeland security plans and in determining effective funding priorities (with an exception where the state or metropolitan area has established and uses a multijurisdictional planning committee or commission that meets specified requirements).
Directs the Secretary, through the Administrator, to:
(1) compile a comprehensive list of federal programs that provide assistance to state, local, and tribal governments for preventing, preparing for, and responding to, disasters and terrorist acts;
(2) develop a proposal to coordinate the planning, reporting, application, and other requirements and guidance for homeland security assistance programs; and
(3) submit the information and proposals to the House and Senate homeland security committees.
Directs the Administrator to:
(1) submit to Congress, as a component of the annual Federal Preparedness Report, an evaluation of the extent to which DHS-administered grants have contributed to the progress of state, local, and tribal governments in achieving target capabilities and have led to the reduction of risk nationally and in state, local, and tribal jurisdictions;
(2) report to the homeland security committees, for each fiscal year, a detailed and comprehensive explanation of the methodology used to calculate risk and compute the allocation of funds; and
(3) conduct periodic reviews of grants.
Requires:
(1) each grant recipient and DHS to provide the Government Accountability Office (GAO) with full access to information regarding activities carried out under this title;
(2) the Comptroller General to conduct annual audits of the Homeland Security Grant Program and to report to the homeland security committees;
(3) grant recipients that expend $500,000 or more in funds received under this title during any fiscal year to submit to the Administrator an organization-wide financial and compliance audit report; and
(4) the Secretary to conduct a recovery audit for any DHS-administered grant valued at $1 million or greater.
Sets forth remedies for noncompliance.
Requires the DHS Inspector General to:
(1) audit each entity that receives a grant under the Urban Area Security Initiative, State Homeland Security Grant Program, or Emergency Management Performance Grants Program (under the Post-Katrina Emergency Management Reform Act of 2006) every two years and make each audit available on the Inspector General's website;
(2) audit each entity that receives a grant under such programs to evaluate the use of any preparedness grant administered by DHS that was awarded before the date of this Act's enactment and make each audit available on the Inspector General's website; and
(3) submit to Congress a consolidated report regarding audits conducted.
Requires the Administrator to withhold 1% of the amount of each grant under such programs for audits.
Expresses the sense of the Senate that:
(1) DHS should administer a coherent and coordinated system of both terrorism-focused and all-hazards grants; and
(2) the amounts appropriated for grants under the Urban Area Security Initiative, the State Homeland Security Grant Program, and the Emergency Communications Operability and Interoperable Communications Grants Program in any fiscal year should be in direct proportion to the amounts authorized for those programs for FY2008 under this Act.