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and tribal governments in preventing, preparing for, pro-
tecting against, responding to, and recovering from acts of
terrorism.
‘‘(b) APPLICATION.—
‘‘(1) IN GENERAL.—Each State may apply for a
grant under this section, and shall submit such infor-
mation in support of the application as the Adminis-
trator may reasonably require.
‘‘(2) ANNUAL
APPLICATIONS.—Applicants for
grants under this section shall apply or reapply on
an annual basis for grants distributed under the pro-
gram.
‘‘(c) PRIORITIZATION.—In allocating funds among
States applying for grants under this section, the Adminis-
trator shall consider—
‘‘(1) the relative threat, vulnerability, and con-
sequences faced by a State from a terrorist attack, in-
cluding consideration of—
‘‘(A) the size of the population of the State,
including appropriate consideration of military,
tourist, and commuter populations;
‘‘(B) the population density of the State;
‘‘(C) the history of threats faced by the
State, including—
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‘‘(i) whether there has been a prior ter-
rorist attack in an urban area that is whol-
ly or partly in the State, or in the State
itself; and
‘‘(ii) whether any part of the State, or
any critical infrastructure or key resource
within the State, has ever experienced a
higher threat level under the Homeland Se-
curity Advisory System than other parts of
the United States;
‘‘(D) the degree of threat, vulnerability, and
consequences related to critical infrastructure or
key resources identified by the Secretary or the
State homeland security plan;
‘‘(E) whether the State has an international
border;
‘‘(F) whether the State has a coastline bor-
dering ocean or international waters;
‘‘(G) threats, vulnerabilities, and con-
sequences faced by a State related to at-risk sites
or activities in adjacent States, including the
State’s need to respond to terrorist attacks aris-
ing in adjacent States;
‘‘(H) the most current threat assessments
available to the Department;
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‘‘(I) the extent to which the State has unmet
target capabilities; and
‘‘(J) such other factors as are specified in
writing by the Administrator;
‘‘(2) the anticipated effectiveness of the proposed
spending plan of the State in increasing the ability
of the State to—
‘‘(A) prevent, prepare for, protect against,
respond to, and recover from terrorism;
‘‘(B) meet the target capabilities of the
State; and
‘‘(C) otherwise reduce the overall risk to the
State and the Nation; and
‘‘(3) the need to balance the goal of ensuring the
target capabilities of the highest risk areas are
achieved quickly and the goal of ensuring that basic
levels of preparedness, as measured by the attainment
of target capabilities, are achieved nationwide.
‘‘(d) MINIMUM ALLOCATION.—In allocating funds
under subsection (c), the Administrator shall ensure that,
for each fiscal year—
‘‘(1) except as provided for in paragraph (2), no
State receives less than an amount equal to 0.45 per-
cent of the total funds appropriated for the State
Homeland Security Grant Program; and
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‘‘(2) American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the Virgin Is-
lands each receive not less than 0.08 percent of the
amounts appropriated for the State Homeland Secu-
rity Grant Program.
‘‘(e) MULTISTATE PARTNERSHIPS.—
‘‘(1) IN GENERAL.—Instead of, or in addition to,
any application for funds under subsection (b), 2 or
more States may submit an application under this
paragraph for multistate efforts to prevent, prepare
for, protect against, respond to, or recover from acts
of terrorism.
‘‘(2) GRANTEES.—Multistate grants may be
awarded to either—
‘‘(A) an individual State acting on behalf of
a consortium or partnership of States with the
consent of all member States; or
‘‘(B) a group of States applying as a con-
sortium or partnership.
‘‘(3) ADMINISTRATION OF GRANT.—If a group of
States apply as a consortium or partnership such
States shall submit to the Secretary at the time of ap-
plication a plan describing—
‘‘(A) the division of responsibilities for ad-
ministering the grant; and
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‘‘(B) the distribution of funding among the
various States and entities that are party to the
application.
‘‘(f) FUNDING
FOR LOCAL
AND TRIBAL GOVERN-
MENTS.—
‘‘(1) IN GENERAL.—The Administrator shall re-
quire that, not later than 60 days after receiving
grant funding, any State receiving a grant under this
section shall make available to local and tribal gov-
ernments and emergency response providers, con-
sistent 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, the resources purchased with such
grant funds having a value equal to not less than
80 percent of the amount of the grant; or
‘‘(C) grant funds combined with resources
purchased with the grant funds having a value
equal to not less than 80 percent of the amount
of the grant.
‘‘(2) EXTENSION OF PERIOD.—The Governor of a
State may request in writing that the Administrator
extend the period under paragraph (1) for an addi-
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tional period of time. The Administrator may ap-
prove such a request, and may extend such period for
an additional period, if the Administrator determines
that the resulting delay in providing grant funding to
the local and tribal governments and emergency re-
sponse providers is necessary to promote effective in-
vestments to prevent, prepare for, protect against, re-
spond to, and recover from terrorism, or to meet the
target capabilities of the State.
‘‘(3) INDIAN TRIBES.—States shall be responsible
for allocating grant funds received under this section
to tribal governments in order to help those tribal
communities achieve target capabilities. Indian tribes
shall be eligible for funding directly from the States,
and shall not be required to seek funding from any
local government.
‘‘(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 Vir-
gin Islands.
‘‘(g) GRANTS TO DIRECTLY ELIGIBLE TRIBES.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(b), the Secretary may award grants to directly eligi-
ble tribes under this section.
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‘‘(2) TRIBAL APPLICATIONS.—A directly eligible
tribe may apply for a grant under this section by
submitting an application to the Administrator that
includes the information required for an application
by a State under subsection (b).
‘‘(3) STATE REVIEW.—
‘‘(A) IN GENERAL.—To ensure consistency
with State homeland security plans, a directly
eligible tribe applying for a grant under this sec-
tion shall submit its application to each State
within which any part of the tribe is located for
review before submission of such application to
the Department.
‘‘(B) DEADLINE.—Not later than 30 days
after receiving an application from a directly el-
igible tribe under subparagraph (A), each such
State shall transmit the application to the De-
partment.
‘‘(C) STATE DISAGREEMENT.—If the Gov-
ernor of any such State determines that the ap-
plication of a directly eligible tribe is incon-
sistent with the State homeland security plan of
that State, or otherwise does not support the ap-
plication, the Governor shall—
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‘‘(i) notify the Administrator, in writ-
ing, of that fact; and
‘‘(ii) provide an explanation of the rea-
son for not supporting the application at
the time of transmission of the application.
‘‘(4) 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 di-
rectly to the directly eligible tribe. The funds shall not
be distributed to the State or States in which the di-
rectly eligible tribe is located.
‘‘(5) TRIBAL LIAISON.—A directly eligible tribe
applying for a grant under this section shall des-
ignate a specific individual to serve as the tribal liai-
son who shall—
‘‘(A) coordinate with Federal, State, local,
regional, and private officials concerning ter-
rorism preparedness;
‘‘(B) develop a process for receiving input
from Federal, State, local, regional, and private
officials to assist in the development of the appli-
cation of such tribe and to improve the access of
such tribe to grants; and
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‘‘(C) administer, in consultation with State,
local, regional, and private officials, grants
awarded to such tribe.
‘‘(6) TRIBES RECEIVING DIRECT GRANTS.—A di-
rectly eligible tribe that receives a grant directly
under this section is eligible to receive funds for other
purposes under a grant from the State or States with-
in the boundaries of which any part of such tribe is
located, consistent with the homeland security plan of
the State.
‘‘(7) RULE OF CONSTRUCTION.—Nothing in this
section shall be construed to affect the authority of an
Indian tribe that receives funds under this section.
‘‘(h) OPPORTUNITY TO AMEND.—In considering appli-
cations 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.
‘‘(i) ALLOWABLE USES.—Grants awarded under this
section may be used to achieve target capabilities, consistent
with a State homeland security plan, through—
‘‘(1) developing and enhancing State, local, trib-
al, or regional plans, risk assessments, or mutual aid
agreements;
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‘‘(2) purchasing, upgrading, storing, or main-
taining equipment;
‘‘(3) designing, conducting, and evaluating
training and exercises, including exercises of mass
evacuation plans under section 512 and including the
payment of overtime and backfill costs in support of
such activities;
‘‘(4) responding to an increase in the threat level
under the Homeland Security Advisory System, in-
cluding payment of overtime and backfill costs;
‘‘(5) establishing, enhancing, and staffing with
appropriately qualified personnel State and local fu-
sion centers, that comply with the guidelines estab-
lished under section 206(i);
‘‘(6) protecting critical infrastructure and key
resources identified in the Critical Infrastructure List
established under section 1101 of the Improving
America’s Security Act of 2007, including the pay-
ment of appropriate personnel costs;
‘‘(7) any activity permitted under the Fiscal
Year 2007 Program Guidance of the Department for
the State Homeland Security Grant Program or the
Law Enforcement Terrorism Prevention Grant Pro-
gram, including activities permitted under the full-
time counterterrorism staffing pilot; and
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‘‘(8) any other activity relating to achieving tar-
get capabilities approved by the Administrator.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated for grants under this
section—
‘‘(1) for fiscal year 2007, such sums as are nec-
essary;
‘‘(2) for each of fiscal years 2008, 2009, and
2010, $913,180,500; and
‘‘(3) for fiscal year 2011, and each fiscal year
thereafter, such sums as are necessary.
‘‘SEC. 2005. TERRORISM PREVENTION.
‘‘(a) LAW ENFORCEMENT TERRORISM PREVENTION
PROGRAM.—
‘‘(1) IN GENERAL.—The Administrator shall des-
ignate not less than 25 percent of the combined
amount appropriated for grants under sections 2003
and 2004 to be used for law enforcement terrorism
prevention activities.
‘‘(2) USE
OF
FUNDS.—Grants awarded under
this subsection may be used for—
‘‘(A) information sharing to preempt ter-
rorist attacks;
‘‘(B) target hardening to reduce the vulner-
ability of selected high value targets;
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‘‘(C) threat recognition to recognize the po-
tential or development of a threat;
‘‘(D) intervention activities to interdict ter-
rorists before they can execute a threat;
‘‘(E) overtime expenses related to a State
homeland security plan, including overtime costs
associated with providing enhanced law enforce-
ment operations in support of Federal agencies
for increased border security and border crossing
enforcement;
‘‘(F) establishing, enhancing, and staffing
with appropriately qualified personnel State and
local fusion centers that comply with the guide-
lines established under section 206(i);
‘‘(G) any other activity permitted under the
Fiscal Year 2007 Program Guidance of the De-
partment for the Law Enforcement Terrorism
Prevention Program; and
‘‘(H) any other terrorism prevention activ-
ity authorized by the Administrator.
‘‘(b) OFFICE FOR THE PREVENTION OF TERRORISM.—
‘‘(1) ESTABLISHMENT.—There is established in
the Department an Office for the Prevention of Ter-
rorism, which shall be headed by a Director.
‘‘(2) DIRECTOR.—