Amends the Homeland Security Act of 2002 (HSA) to establish Homeland Security Grant Programs (consisting of an Urban Area Security Initiative and a State Homeland Security Grant Program). Authorizes the Secretary of Homeland Security (the Secretary) to award Program grants through the Administrator of the Federal Emergency Management Agency (FEMA). Provides that none of the provisions regarding grants to states and high-risk urban areas shall be construed to affect programs authorized under the Federal Fire Prevention and Control Act of 1974, grants authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Emergency Management Performance Grants, grants to protect critical infrastructure (including port security grants), Metropolitan Medical Response System grants (authorized under the Post-Katrina Emergency Management Reform Act of 2006), the Interoperable Emergency Communications Grant Program, and grants not administered by the Department of Homeland Security (DHS). Declares that the Program shall supersede specified programs under the USA PATRIOT Act.
Establishes the Urban Area Security Initiative to provide grants to assist high-risk metropolitan areas in preventing, preparing for, protecting against, and responding to terrorist acts.
Directs the Administrator, for each fiscal year, to:
(1) conduct an initial assessment of the relative threat, vulnerability, and consequences from terrorist acts faced by eligible metropolitan areas (defined as the 100 most populous metropolitan statistical areas in the United States); and
(2) designate which jurisdictions may apply for Urban Area Security Initiative grants.
Requires the Administrator to distribute grant funds to the states in which an approved high-risk urban area is located.
Requires each state to:
(1) provide the high-risk urban area at least 80% of grant fundsn; and
(2) provide 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, and responding to terrorist acts.
Requires that each state receive, from funds appropriated for the Program, not less than .375% of the total funds appropriated for grants for the Urban Area Security Initiative and the Program in FY2008. Decreases this amount to .35% in FY2012. Directs that each territory receive not less than .08% of the funds and that tribes collectively receive not less than .1%.
Sets forth certification requirements regarding distribution of grant funds.
Allows the states to submit an application for multistate efforts.
Directs the Administrator to designate not less than 25% of the combined amount appropriated for the Initiative and the Program for law enforcement terrorism prevention activities, including for information sharing and analysis, target hardening, threat recognition, terrorist interdiction, and certain overtime expenses.
Establishes in DHS's Policy Directorate an Office for State and Local Law Enforcement, headed by an Assistant Secretary.
Directs the Administrator, in allocating funds among states and high-risk urban areas applying for grants under the Initiative or the Program, to consider that state's or area's relative threat, vulnerability, and consequences from terrorist acts and the anticipated effectiveness of the proposed use of the grant in increasing the ability of that state or 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 area, the state, or the nation.
Permits grant awards to be used for a number of uses, including planning, training, exercises, protecting critical infrastructure, purchasing equipment, and paying personnel costs, in addition to any allowable use in the FY2007 grant guidance for the State Homeland Security Grant Program, the Urban Area Security Initiative, or the Law Enforcement Terrorism Prevention Program. Authorizes grant recipients to use up to 50% of their grant funds for personnel, including overtime and backfill costs.
Permits state, local, and tribal governments to use grant funds in a manner that enhances preparedness for disasters unrelated to terrorist acts if such use assists them in achieving target capabilities related to terrorism.
Sets forth provisions regarding reimbursement of costs.
Places upon the Administrator responsibility for administering all DHS-administered homeland security grant programs and 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.
Directs the Secretary (through the Administrator), the Attorney General, the Secretary of Health and Human Services, and the heads of other specified agencies to:
(1) compile a comprehensive list of federal programs that provide terrorism and disaster assistance to state, local, and tribal governments;
(2) develop recommendations to coordinate the planning, reporting, application, and other requirements and guidance for homeland security assistance programs;
(3) submit the information and recommendations to the appropriate congressional committees; and
(4) provide such committees, the Comptroller General, and the Government Accountability Office (GAO) with full access to any information collected or reviewed in preparing that submission.
Urges: (1) DHS to administer a coherent and coordinated system of both terrorism-focused and all-hazards grants; (2) that there be a continuing and appropriate balance between the two; and (3) that with respect to terrorism-focused grants, the target capabilities of the highest risk areas are achieved quickly and the basic levels of preparedness are achieved nationwide.
(1) grant recipients that expend $500,000 or more in funds during any fiscal year to submit to the Administrator an organization-wide financial and compliance audit report;
(2) the Administrator to specify policies and procedures for identifying activities funded under grant programs that are susceptible to significant improper payments and for reporting of improper payments to DHS; and
(3) the Administrator, at least every two years, to conduct for each state and high-risk urban area a programmatic and financial review of DHS grants awarded to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters.
Directs the DHS Inspector General to:
(1) annually audit a sample of states and high-risk urban areas that receive such grants;
(2) conduct no fewer than one audit of each state that receives funds under a grant under the Urban Area Security Initiative or the State Homeland Security Grant Program during the seven-year period beginning on this Act's enactment;
(3) submit to Congress an annual consolidated report regarding audits completed; and
(4) review and evaluate the grants management and oversight practices of FEMA.
Requires the Administrator to: (1) take specified steps to ensure that states and high-risk urban areas are using DHS-administered grants to meet target capabilities and preparedness priorities; and (2) conduct a recovery audit for any DHS-administered grant valued at $1 million or greater. Sets forth remedies for noncompliance.
Directs a state, high-risk urban area, or directly eligible tribe, as a condition of receiving a grant, to report quarterly on activities performed using grant funds. Lists requirements for state preparedness reports.
Requires the Administrator to submit to specified committees annually: (1) the Federal Preparedness Report required under the Post-Katrina Emergency Management Reform Act of 2006, providing a detailed and comprehensive explanation of the methodologies used to calculate risk and compute the allocation of funds for DHS-administered grants; and (2) a report setting forth the amount of funding provided to Indian tribes under any DHS-administered grant program.