Public Law 110-53, Section 101 (6 USC 605 and 606)

AUTHENTICATED!}
U.S. GOVERNMENT
INfORMATION

CPO

PUBLIC LAW 1I0-53-AUG. 3, 2007

IMPLEMENTING RECOMMENDATIONS OF THE

9/11 COMMISSION ACT OF 2007

PUBLIC LAW 1l0-53-AUG. 3, 2007

121 STAT. 266

Public Law 110-53
110th Congress

An Act
To provide for the implementation of the recommendations of the National Commis­
sion on Terrorist Attacks Upon the United States.

Aug. 3, 2007
[H.R. 1]

Implementing
Recommenda­
tions of the 9/11
Commission Act
of2007.
6 USC 101 note.

Be it enacted by the Senate and House of Representatives of
the United States ofAmerica 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 confOlming 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 facilitie. 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-IMPROVJNG INTELLIGENCE AND INFORMATION SHARING WITH­
IN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL
GOVERNMENTS
Sec.
Sec.
Sec.
Sec.

Subtitle A-Homeland Security Information Sharing Enhancement
501. Homeland Security Advisory System and information sharing.

502. Intelligence Component Defined.

503. Role of intelligence components, training, and information sharing.

504. Information sharing.

121 STAT. 271

PUBLIC LAW 110-53-AUG. 3, 2007
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.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE XXII-INTEROPERABLE EMERGENCY COMMUNICATIONS
2201. Interoperable emergency communications.
2202. Clarification of congressional intent.
2203. Cross border interoperability reports.
2204. Extension of short quorum.
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 PROVlSIONS
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.
Demonstration
project.
2404.
Sec.
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.
is amended by adding at the end the following:

101 et seq.)

"TITLE XX-HOMELAND SECURITY

GRANTS

"SEC. 2001. DEFINITIONS.
"In this title, the following definitions shall apply:
"0) AoMINISTRATOR.-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 Govern­

mental Affairs of the Sena te; and

6 USC 601.

121 STAT. 272

PUBLIC LAW 1l0-53-AUG. 3, 2007
"(B) those committees of the House of Representatives
that the Speaker of the House of Representatives deter­
mines 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.

"(1) Energy.

"(J) Government facilities.

"(K) Information technology.

"(L) National monuments and icons.

"(M) Postal and shipping.

"(N) Public health and health care.

"(0) 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 infrastruc­
ture list established under section 210E(a)(2) or has
such a system or asset within its territory;
"(Ill) 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 titl 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 metro­
politan statistical areas in the United States.
"(6) HIGH-RISK URBAt'l AREA.-The term 'high-risk urban
area' means a high-risk urban area designated under section
2003(b)(3)(A).

PUBLIC LAW 110-53-AUG. 3, 2007

121 STAT. 273

"(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 'metro­

politan 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 popu­

lation according to the most recent United States census popu­

lation 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 'quali­

fied intelligence analyst' means an intelligence analyst (as that

term is defined in section 21OA(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 AUTHORIZE D.-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 con­
strued 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 Dis­

aster 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 Rec­

ommendations of the 9/11 Commission Act of 2007.

6 USC 603,

121 STAT. 274

PUBLIC LAW 1l0-53-AUG. 3, 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 amendm nts made by
such titles.
"(5) The Metropolitan Medical Response System authorized
under section 635 of the Post-Katrina Emergency Management
Reform Act of2006 (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.

6

USC 604.

"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 ection based
on procedures under this subsection.
"(2) INITIAL ASSESSMENT.­
"(A) IN GENERAL.-For each fiscal year, t e Adminis­
trator shall conduct an initial assessment of the relative
threat, vulnerability, and consequences from acts of ter­
rorism 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).
"(E) SUBMISSION OF INFORMATION BY ELIGIBLE METRO­
POLITAN AREAS.-Prior to conducting each initial assess­
ment under subparagraph (A), the Administrator shall pro­
vide each eligible metropolitan area with, and shall notify
each eligible metropolitan area of, the opportunity to­
"(i) submit information that the eligible metropoli­
tan 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 Depart~
ment of the threat, vulnerability, and consequences

PUBLIC LAW 1l0-53-AUG. 3, 2007

121 STAT. 275

from acts of terrorism faced by that eligible metropoli­
tan area, and remedy erroneous or incomplete informa­
tion.
"(3) DESIGNATION OF HIGH-RISK URBAN AREAS.­

"(A) DESIGNATION.­
"(i) IN GENERAL.-For each fiscal year, after con­
ducting 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 para­
graph (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 Manage­
ment and Budget) designate more than 1 high­
risk urban area within a single eligible metropoli­
tan 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 Adminis­
trator to­
"(1) 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.
"(ij) 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 jurisdic­
tions 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 applica­
tion for a grant under this section, a high-risk urban area
shall submit­
"(A) a plan describing the proposed division of respon­

sibilities 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

121 STAT. 276

Notification.

Deadline.

PUBLIC LAW nO-53-AUG. 3,2007
"(C) such information in support of the application
as the Administrator may reasonably require.
"(3) ANNUAL APPLlCATIONS.-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 t at 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 subpara­
graph (A), a State shall transmit the application to the
Department.
"(C) OPPORTUNITY FOR STATE COMMENT.-If the Gov­
ernor 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 hall provide
applicants with a reasonable opportunity to corr ct 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 RETAlNED.-A State shall provide each rel­
evant 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 Adminis­
trator to be appropriate.

PUBLIC LAW 1l0-53-AUG. 3,2007

121 STAT. 277

"(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 A!'PROPRIATIONS.-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.
6 USC 605,
"(a) ESTABLISHMENT.-There is established a State Homeland
Security Grant Program to assist State, local, and tribal govern­
ments 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 Adminis­

trator 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 Deadline.
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 activi­
ties 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

"SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.

121 STAT. 278

Territories.

PUBLIC LAW nO-53-AUG. 3, 2007
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 Dis­
trict 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 distribu­
tion 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 applica­
tion 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 Home­
land Security Grant Program established under this sec­
tion, not less than an amount equal to-­
"(i) 0.375 percent of the total funds appropriated
for grants under this section and section 2 03 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 ppropriated
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 appro­
priated for the State Homeland Security Grant Program
established under this section, not less than an amount

PUBLIC LAW 1l0-53-AUG. 3, 2007

121 STAT. 279

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.

"({) AUTHORIZATION OF APPROPRlATIONS.-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 DffiECTLY ELIGmLE 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 sup­
porting 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.
"({) 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 appro­

priated for the State Homeland Security Grant Program estab­

lished under section 2004, not less than an amount equal

6 USC 606.

Deadline.
Notification.

Notification.

121 STAT. 280

PUBLIC LAW nO-53-AUG. 3, 2007

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 sec­
tion; or
"(B) does not approve at least 2 applications under
this section.
"(h) TRIBAL LIAlSON.-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, pre­
paring 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 ection shall
be construed to affect the authority of an Indian tribe that receives
funds under this subtitle.
6

USC 607.

"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 enforce­
ment terrorism prevention activities.
"(2) LAw ENFORCEMENT TERRORISM PREVENTION ACTIVI­
TIES.-Law enforcement terrorism prevention activities
include­
"(A) information sharing and analysis;

"(B) target hardening;

"(C) threat recognition;

"CD) terrorist interdiction;

"(E) overtime expenses consistent with a State home­

land 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;