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‘‘(2) AVAILABILITY
OF
FUNDS.—The Adminis-
trator shall make amounts withheld under this sub-
section available as follows:
‘‘(A) Amounts withheld from grants under
the Urban Area Security Initiative shall be
made available for audits under this section of
entities receiving grants under the Urban Area
Security Initiative.
‘‘(B) Amounts withheld from grants under
the State Homeland Security Grant Program
shall be made available for audits under this sec-
tion of entities receiving grants under the State
Homeland Security Grant Program.
‘‘(C) Amounts withheld from grants under
the Emergency Management Performance Grant
Program shall be made available for audits
under this section of entities receiving grants
under the Emergency Management Performance
Grant Program.
‘‘(d) DEFINITION.—In this section, the term ‘Emer-
gency Management Performance Grants Program’ means
the Emergency Management Performance Grants Program
under section 662 of the Post-Katrina Emergency Manage-
ment Reform Act of 2006 (6 U.S.C. 763; Public Law 109–
295).
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‘‘SEC. 2010. SENSE OF THE SENATE.
‘‘It is the sense of the Senate that, in order to ensure
that the Nation is most effectively able to prevent, prepare
for, protect against, respond to, recovery from, and mitigate
against all hazards, including natural disasters, acts of ter-
rorism, and other man-made disasters—
‘‘(1) the Department should administer a coher-
ent and coordinated system of both terrorism-focused
and all-hazards grants, the essential building blocks of
which include—
‘‘(A) the Urban Area Security Initiative
and State Homeland Security Grant Program
established under this title (including funds dedi-
cated to law enforcement terrorism prevention
activities);
‘‘(B) the Emergency Communications Oper-
ability 
and 
Interoperable 
Communications
Grants established under section 1809; and
‘‘(C) the Emergency Management Perform-
ance Grants Program authorized under section
662 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 763); and
‘‘(2) to ensure a continuing and appropriate bal-
ance between terrorism-focused and all-hazards pre-
paredness, the amounts appropriated for grants under
the Urban Area Security Initiative, State Homeland
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Security Grant Program, and Emergency Manage-
ment Performance Grants Program in any fiscal year
should be in direct proportion to the amounts author-
ized for those programs for fiscal year 2008 under the
amendments made by titles II and IV, as applicable,
of the Improving America’s Security Act of 2007.’’.
SEC. 203. EQUIPMENT TECHNICAL ASSISTANCE TRAINING.
(a) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Department of Homeland Security shall con-
duct no fewer than 7,500 trainings annually through the
Domestic Preparedness Equipment Technical Assistance
Program.
(b) REPORT.—The Secretary of Homeland Security
shall report no later than September 30 annually to the
Senate Homeland Security and Governmental Affairs Com-
mittee, the House Homeland Security Committee, Senate
Appropriations Subcommittee on Homeland Security, and
the House Appropriations Subcommittee on Homeland
Security—
(a) on the number of trainings conducted that year
through the Domestic Preparedness Equipment Technical
Assistance Program; and
(b) if the number of trainings conducted that year is
less than 7,500, an explanation of why fewer trainings were
needed.
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SEC. 204. 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’’;
and
(4) in section 1906, as so redesignated, by strik-
ing ‘‘section 1802(a)’’ each place that term appears
and inserting ‘‘section 1902(a)’’.
(b) TABLE OF CONTENTS.—The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.
101 note) is amended by striking the items relating to title
XVIII and sections 1801 through 1806, as added by the
SAFE Port Act (Public Law 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.
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‘‘TITLE XX—HOMELAND SECURITY GRANTS
‘‘Sec. 2001. Definitions.
‘‘Sec. 2002. Homeland Security Grant Program.
‘‘Sec. 2003. Urban Area Security Initiative.
‘‘Sec. 2004. State Homeland Security Grant Program.
‘‘Sec. 2005. Terrorism prevention.
‘‘Sec. 2006. Restrictions on use of funds.
‘‘Sec. 2007. Administration and coordination.
‘‘Sec. 2008. Accountability.
‘‘Sec. 2009. Auditing.
‘‘Sec. 2010. Sense of the Senate.’’.
TITLE 
III—COMMUNICATIONS
OPERABILITY 
AND 
INTER-
OPERABILITY
SEC. 301. DEDICATED FUNDING TO ACHIEVE EMERGENCY
COMMUNICATIONS OPERABILITY AND INTER-
OPERABLE COMMUNICATIONS.
(a) EMERGENCY COMMUNICATIONS OPERABILITY AND
INTEROPERABLE COMMUNICATIONS.—
(1) IN GENERAL.—Title XVIII of the Homeland
Security Act of 2002 (6 U.S.C. 571 et seq.) (relating
to emergency communications) is amended by adding
at the end the following:
‘‘SEC. 1809. EMERGENCY COMMUNICATIONS OPERABILITY
AND 
INTEROPERABLE 
COMMUNICATIONS
GRANTS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Federal Emer-
gency Management Agency.
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‘‘(2) 
EMERGENCY
COMMUNICATIONS
OPER-
ABILITY.—The term ‘emergency communications oper-
ability’ means the ability to provide and maintain,
throughout an emergency response operation, a con-
tinuous flow of information among emergency re-
sponse providers, agencies, and government officers
from multiple disciplines and jurisdictions and at all
levels of government, in the event of a natural dis-
aster, act of terrorism, or other man-made disaster,
including where there has been significant damage to,
or destruction of, critical infrastructure, including
substantial loss of ordinary telecommunications infra-
structure and sustained loss of electricity.
‘‘(b) IN GENERAL.—The Administrator shall make
grants to States for initiatives necessary to achieve, main-
tain, or enhance Statewide, regional, national and, as ap-
propriate, international emergency communications oper-
ability and interoperable communications.
‘‘(c) STATEWIDE INTEROPERABLE COMMUNICATIONS
PLANS.—
‘‘(1) SUBMISSION OF PLANS.—The Administrator
shall require any State applying for a grant under
this section to submit a Statewide Interoperable Com-
munications Plan as described under section 7303(f)
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of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 194(f)).
‘‘(2) COORDINATION
AND
CONSULTATION.—The
Statewide plan submitted under paragraph (1) shall
be developed—
‘‘(A) in coordination with local and tribal
governments, emergency response providers, and
other relevant State officers; and
‘‘(B) in consultation with and subject to ap-
propriate comment by the applicable Regional
Emergency Communications Coordination Work-
ing Group as described under section 1805.
‘‘(3) APPROVAL.—The Administrator may not
award a grant to a State unless the Administrator,
in consultation with the Director for Emergency
Communications, has approved the applicable State-
wide plan.
‘‘(4) REVISIONS.—A State may revise the appli-
cable Statewide plan approved by the Administrator
under this subsection, subject to approval of the revi-
sion by the Administrator.
‘‘(d) CONSISTENCY.—The Administrator shall ensure
that each grant is used to supplement and support, in a
consistent and coordinated manner, any applicable State,
regional, or urban area homeland security plan.
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‘‘(e) USE OF GRANT FUNDS.—Grants awarded under
subsection (b) may be used for initiatives to achieve, main-
tain, or enhance emergency communications operability
and interoperable communications, including—
‘‘(1) Statewide or regional communications
planning, including governance related activities;
‘‘(2) system design and engineering;
‘‘(3) system procurement and installation;
‘‘(4) exercises;
‘‘(5) modeling and simulation exercises for oper-
ational command and control functions;
‘‘(6) technical assistance;
‘‘(7) training; and
‘‘(8) other appropriate activities determined by
the Administrator to be integral to achieve, maintain,
or enhance emergency communications operability
and interoperable communications.
‘‘(f) APPLICATION.—
‘‘(1) IN
GENERAL.—A State desiring a grant
under this section shall submit an application at such
time, in such manner, and accompanied by such in-
formation as the Administrator may reasonably re-
quire.
‘‘(2) MINIMUM CONTENTS.—At a minimum, each
application submitted under paragraph (1) shall—
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‘‘(A) identify the critical aspects of the com-
munications life cycle, including planning, sys-
tem design and engineering, procurement and
installation, and training for which funding is
requested;
‘‘(B) describe how—
‘‘(i) the proposed use of funds—
‘‘(I) would be consistent with and
address the goals in any applicable
State, regional, or urban homeland se-
curity plan; and
‘‘(II) unless the Administrator de-
termines otherwise, are—
‘‘(aa) consistent with the Na-
tional Emergency Communica-
tions Plan under section 1802;
and
‘‘(bb) compatible with the na-
tional infrastructure and national
voluntary consensus standards;
‘‘(ii) the applicant intends to spend
funds under the grant, to administer such
funds, and to allocate such funds among
participating local and tribal governments
and emergency response providers;
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‘‘(iii) the State plans to allocate the
grant funds on the basis of risk and effec-
tiveness to regions, local and tribal govern-
ments to promote meaningful investments
for achieving, maintaining, or enhancing
emergency communications operability and
interoperable communications;
‘‘(iv) the State intends to address the
emergency communications operability and
interoperable communications needs at the
city, county, regional, State, and interstate
level; and
‘‘(v) the State plans to emphasize re-
gional planning and cooperation, both with-
in the jurisdictional borders of that State
and with neighboring States;
‘‘(C) be consistent with the Statewide Inter-
operable Communications Plan required under
section 7303(f) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C.
194(f)); and
‘‘(D) include a capital budget and timeline
showing how the State intends to allocate and
expend the grant funds.
‘‘(g) AWARD OF GRANTS.—
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‘‘(1) CONSIDERATIONS.—In approving applica-
tions and awarding grants under this section, the Ad-
ministrator shall consider—
‘‘(A) the nature of the threat to the State
from a natural disaster, act of terrorism, or
other man-made disaster;
‘‘(B) the location, risk, or vulnerability of
critical infrastructure and key national assets,
including the consequences from damage to crit-
ical infrastructure in nearby jurisdictions as a
result of natural disasters, acts of terrorism, or
other man-made disasters;
‘‘(C) the size of the population of the State,
including appropriate consideration of military,
tourist, and commuter populations;
‘‘(D) the population density of the State;
‘‘(E) the extent to which grants will be uti-
lized to implement emergency communications
operability and interoperable communications
solutions—
‘‘(i) consistent with the National
Emergency Communications Plan under
section 1802 and compatible with the na-
tional infrastructure and national vol-
untary consensus standards; and
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‘‘(ii) more efficient and cost effective
than current approaches;
‘‘(F) the extent to which a grant would ex-
pedite the achievement, maintenance, or enhance-
ment of emergency communications operability
and interoperable communications in the State
with Federal, State, local, and tribal govern-
ments;
‘‘(G) the extent to which a State, given its
financial capability, demonstrates its commit-
ment to achieve, maintain, or enhance emergency
communications operability and interoperable
communications by supplementing Federal funds
with non-Federal funds;
‘‘(H) whether the State is on or near an
international border;
‘‘(I) whether the State encompasses an eco-
nomically significant border crossing;
‘‘(J) whether the State has a coastline bor-
dering an ocean, a major waterway used for
interstate commerce, or international waters;
‘‘(K) the extent to which geographic barriers
pose unusual obstacles to achieving, maintain-
ing, or enhancing emergency communications
operability or interoperable communications;
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‘‘(L) the threats, vulnerabilities, and con-
sequences faced by the State related to at-risk
sites or activities in nearby jurisdictions, includ-
ing the need to respond to natural disasters, acts
of terrorism, and other man-made disasters aris-
ing in those jurisdictions;
‘‘(M) the need to achieve, maintain, or en-
hance nationwide emergency communications
operability and interoperable communications,
consistent with the National Emergency Commu-
nications Plan under section 1802;
‘‘(N) whether the activity for which a grant
is requested is being funded under another Fed-
eral or State emergency communications grant
program; and
‘‘(O) such other factors as are specified by
the Administrator in writing.
‘‘(2) REVIEW PANEL.—
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish a review panel under section 871(a) to
assist in reviewing grant applications under this
section.
‘‘(B) 
RECOMMENDATIONS.—The 
review
panel established under subparagraph (A) shall
make recommendations to the Administrator re-
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garding applications for grants under this sec-
tion.
‘‘(C) MEMBERSHIP.—The review panel es-
tablished 
under 
subparagraph 
(A) 
shall
include—
‘‘(i) individuals with technical exper-
tise in emergency communications oper-
ability and interoperable communications;
‘‘(ii) emergency response providers;
and
‘‘(iii) other relevant State and local of-
ficers.
‘‘(3) MINIMUM GRANT AMOUNTS.—The Adminis-
trator shall ensure that for each fiscal year—
‘‘(A) no State receives less than an amount
equal to 0.75 percent of the total funds appro-
priated for grants under this section; and
‘‘(B) American Samoa, the Commonwealth
of the Northern Mariana Islands, Guam, and the
Virgin Islands each receive no less than 0.25 per-
cent of the amounts appropriated for grants
under this section.
‘‘(4) AVAILABILITY OF FUNDS.—Any grant funds
awarded that may be used to support emergency com-
munications operability or interoperable communica-