SEC. 2004. [6 U.S.C. 605] STATE HOMELAND SECURITY GRANT PROGRAM.

(a) Establishment.--There is established a State Homeland

Security Grant Program to assist State, local, and tribal

governments 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

Administrator 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 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 activities 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 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 District 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

distribution 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

application 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 Homeland Security

Grant Program established under this section,

not less than an amount equal to--

(i) 0.375 percent of the total

funds appropriated for grants under

this section and section 2003 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 appropriated 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 appropriated for the

State Homeland Security Grant Program

established under this section, not less than

an amount 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.

(f) Authorization of Appropriations.--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.

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