In this subchapter, the following definitions shall apply:
The term "Administrator" means the Administrator of the Federal Emergency Management Agency.
The term "appropriate committees of Congress" means—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) those committees of the House of Representatives that the Speaker of the House of Representatives determines appropriate.
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.
(I) Energy.
(J) Government facilities.
(K) Information technology.
(L) National monuments and icons.
(M) Postal and shipping.
(N) Public health and health care.
(O) Telecommunications.
(P) Transportation systems.
(Q) Water.
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 infrastructure list established under section 124l(a)(2) of this title or has such a system or asset within its territory;
(III) 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 title 18; and
(iv) that certifies to the Secretary that a State has not provided funds under section 604 or 605 of this title 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).
The term "eligible metropolitan area" means any of the 100 most populous metropolitan statistical areas in the United States.
The term "high-risk urban area" means a high-risk urban area designated under section 604(b)(3)(A) of this title.
The term "Indian tribe" has the meaning given that term in section 450b(e) of title 25.
The term "metropolitan statistical area" means a metropolitan statistical area, as defined by the Office of Management and Budget.
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.
The term "population" means population according to the most recent United States census population estimates available at the start of the relevant fiscal year.
The term "population density" means population divided by land area in square miles.
The term "qualified intelligence analyst" means an intelligence analyst (as that term is defined in section 124h(j) of this title), 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 124f of this title; 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.
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 746(a) of this title.
The term "tribal government" means the government of an Indian tribe.
(Pub. L. 107–296, title XX, §2001, as added Pub. L. 110–53, title I, §101, Aug. 3, 2007, 121 Stat. 271.)
The Secretary, through the Administrator, may award grants under sections 604 and 605 of this title to State, local, and tribal governments.
This part shall not be construed 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 Disaster 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 Recommendations of the 9/11 Commission Act of 2007.
(4) Grants to protect critical infrastructure, including port security grants authorized under section 70107 of title 46 and the grants authorized under title 1 XIV and XV of the Implementing Recommendations of the 9/11 Commission Act of 2007 [6 U.S.C. 1131 et seq., 1151 et seq.] and the amendments made by such titles.
(5) The Metropolitan Medical Response System authorized under section 723 of this title.
(6) The Interoperable Emergency Communications Grant Program authorized under subchapter XIII.
(7) Grant programs other than those administered by the Department.
The grant programs authorized under sections 604 and 605 of this title shall supercede all grant programs authorized under section 3714 of title 42.
The allocation of grants authorized under section 604 or 605 of this title shall be governed by the terms of this part and not by any other provision of law.
(Pub. L. 107–296, title XX, §2002, as added Pub. L. 110–53, title I, §101, Aug. 3, 2007, 121 Stat. 273.)
The Federal Fire Prevention and Control Act of 1974, referred to in subsec. (b)(1), is Pub. L. 93–498, Oct. 29, 1974, 88 Stat. 1535, which is classified principally to chapter 49 (§2201 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of Title 15 and Tables.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(2), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
The Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (b)(3), (4), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266. Title II of the Act amended section 762 of this title and section 5196c of Title 42, The Public Health and Welfare. Title XIV of the Act is classified generally to subchapter III (§1131 et seq.) of chapter 4 of this title. Title XV of the Act is classified principally to subchapter IV (§1151 et seq.) of chapter 4 of this title. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 101 of this title and Tables.
1 So in original. Probably should be "titles".
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.
The Administrator shall designate high-risk urban areas to receive grants under this section based on procedures under this subsection.
For each fiscal year, the Administrator shall conduct an initial assessment of the relative threat, vulnerability, and consequences from acts of terrorism faced by each eligible metropolitan area, including consideration of—
(i) the factors set forth in subparagraphs (A) through (H) and (K) of section 608(a)(1) of this title; and
(ii) information and materials submitted under subparagraph (B).
Prior to conducting each initial assessment under subparagraph (A), the Administrator shall provide each eligible metropolitan area with, and shall notify each eligible metropolitan area of, the opportunity to—
(i) submit information that the eligible metropolitan 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 Department of the threat, vulnerability, and consequences from acts of terrorism faced by that eligible metropolitan area, and remedy erroneous or incomplete information.
For each fiscal year, after conducting 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.
Notwithstanding paragraph (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 Management and Budget) designate more than 1 high-risk urban area within a single eligible metropolitan 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.
Nothing in this subsection may be construed to require the Administrator to—
(I) 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.
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.
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 jurisdictions to the high-risk urban area.
An area designated as a high-risk urban area under subsection (b) may apply for a grant under this section.
In an application for a grant under this section, a high-risk urban area shall submit—
(A) a plan describing the proposed division of responsibilities 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
(C) such information in support of the application as the Administrator may reasonably require.
Applicants for grants under this section shall apply or reapply on an annual basis.
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 that high-risk urban area is located for review before submission of such application to the Department.
Not later than 30 days after receiving an application from a high-risk urban area under subparagraph (A), a State shall transmit the application to the Department.
If the Governor 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.
In considering applications 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.
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.
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.
A State shall provide each relevant 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.
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 Administrator to be appropriate.
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).
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.
(Pub. L. 107–296, title XX, §2003, as added Pub. L. 110–53, title I, §101, Aug. 3, 2007, 121 Stat. 274.)
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.
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.
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.
Applicants for grants under this section shall apply or reapply on an annual basis.
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.
A State shall certify to the Administrator that the State has made the distribution to local and tribal governments required under paragraph (1).
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.
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.
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.
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.
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.
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 604 of this title in fiscal year 2008;
(ii) 0.365 percent of the total funds appropriated for grants under this section and section 604 of this title in fiscal year 2009;
(iii) 0.36 percent of the total funds appropriated for grants under this section and section 604 of this title in fiscal year 2010;
(iv) 0.355 percent of the total funds appropriated for grants under this section and section 604 of this title in fiscal year 2011; and
(v) 0.35 percent of the total funds appropriated for grants under this section and section 604 of this title 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 604 of this title.
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.
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.
(Pub. L. 107–296, title XX, §2004, as added Pub. L. 110–53, title I, §101, Aug. 3, 2007, 121 Stat. 277.)
Notwithstanding section 605(b) of this title, the Administrator may award grants to directly eligible tribes under section 605 of this title.
A directly eligible tribe may apply for a grant under section 605 of this title by submitting an application to the Administrator that includes, as appropriate, the information required for an application by a State under section 605(b) of this title.
To ensure consistency with any applicable State homeland security plan, a directly eligible tribe applying for a grant under section 605 of this title 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.
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 supporting the application.
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.
The Administrator shall allocate funds to directly eligible tribes in accordance with the factors applicable to allocating funds among States under section 608 of this title.
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.
In allocating funds under this section, the Administrator shall ensure that, for each fiscal year, directly eligible tribes collectively receive, from the funds appropriated for the State Homeland Security Grant Program established under section 605 of this title, not less than an amount equal to 0.1 percent of the total funds appropriated for grants under sections 604 and 605 of this title.
This subsection shall not apply in any fiscal year in which the Administrator—
(A) receives fewer than 5 applications under this section; or
(B) does not approve at least 2 applications under this section.
A directly eligible tribe applying for a grant under section 605 of this title shall designate an individual to serve as a tribal liaison with the Department and other Federal, State, local, and regional government officials concerning preventing, preparing for, protecting against, and responding to acts of terrorism.
A directly eligible tribe that receives a grant under section 605 of this title 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.
States shall be responsible for allocating grant funds received under section 605 of this title to tribal governments in order to help those tribal communities achieve target capabilities not achieved through grants to directly eligible tribes.
With respect to a grant to a State under section 605 of this title, an Indian tribe shall be eligible for funding directly from that State, and shall not be required to seek funding from any local government.
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 605 of this title.
Nothing in this section shall be construed to affect the authority of an Indian tribe that receives funds under this part.
(Pub. L. 107–296, title XX, §2005, as added Pub. L. 110–53, title I, §101, Aug. 3, 2007, 121 Stat. 279.)
The Administrator shall ensure that not less than 25 percent of the total combined funds appropriated for grants under sections 604 and 605 of this title is used for law enforcement terrorism prevention activities.
Law enforcement terrorism prevention activities include—
(A) information sharing and analysis;
(B) target hardening;
(C) threat recognition;
(D) terrorist interdiction;
(E) overtime expenses consistent with a State homeland 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;
(F) establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 124h(i) of this title;
(G) paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts;
(H) any other activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the Law Enforcement Terrorism Prevention Program; and
(I) any other terrorism prevention activity authorized by the Administrator.
The Administrator shall ensure that grant funds described in paragraph (1) are used to support the participation, as appropriate, of law enforcement and other emergency response providers from rural and other underrepresented communities at risk from acts of terrorism in fusion centers.
There is established in the Policy Directorate of the Department an Office for State and Local Law Enforcement, which shall be headed by an Assistant Secretary for State and Local Law Enforcement.
The Assistant Secretary for State and Local Law Enforcement shall have an appropriate background with experience in law enforcement, intelligence, and other counterterrorism functions.
The Secretary shall assign to the Office for State and Local Law Enforcement permanent staff and, as appropriate and consistent with sections 316(c)(2), 381, and 468(d) of this title, other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this subsection.
The Assistant Secretary for State and Local Law Enforcement shall—
(A) lead the coordination of Department-wide policies relating to the role of State and local law enforcement in preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters within the United States;
(B) serve as a liaison between State, local, and tribal law enforcement agencies and the Department;
(C) coordinate with the Office of Intelligence and Analysis to ensure the intelligence and information sharing requirements of State, local, and tribal law enforcement agencies are being addressed;
(D) work with the Administrator to ensure that law enforcement and terrorism-focused grants to State, local, and tribal government agencies, including grants under sections 604 and 605 of this title, the Commercial Equipment Direct Assistance Program, and other grants administered by the Department to support fusion centers and law enforcement-oriented programs, are appropriately focused on terrorism prevention activities;
(E) coordinate with the Science and Technology Directorate, the Federal Emergency Management Agency, the Department of Justice, the National Institute of Justice, law enforcement organizations, and other appropriate entities to support the development, promulgation, and updating, as necessary, of national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers; and
(F) conduct, jointly with the Administrator, a study to determine the efficacy and feasibility of establishing specialized law enforcement deployment teams to assist State, local, and tribal governments in responding to natural disasters, acts of terrorism, or other man-made disasters and report on the results of that study to the appropriate committees of Congress.
Nothing in this subsection shall be construed to diminish, supercede, or replace the responsibilities, authorities, or role of the Administrator.
(Pub. L. 107–296, title XX, §2006, as added Pub. L. 110–53, title I, §101, Aug. 3, 2007, 121 Stat. 280.)
In allocating funds among States and high-risk urban areas applying for grants under section 604 or 605 of this title, the Administrator shall consider, for each State or high-risk urban area—
(1) its relative threat, vulnerability, and consequences from acts of terrorism, including consideration of—
(A) its population, including appropriate consideration of military, tourist, and commuter populations;
(B) its population density;
(C) its history of threats, including whether it has been the target of a prior act of terrorism;
(D) its degree of threat, vulnerability, and consequences related to critical infrastructure (for all critical infrastructure sectors) or key resources identified by the Administrator or the State homeland security plan, including threats, vulnerabilities, and consequences related to critical infrastructure or key resources in nearby jurisdictions;
(E) the most current threat assessments available to the Department;
(F) whether the State has, or the high-risk urban area is located at or near, an international border;
(G) whether it has a coastline bordering an ocean (including the Gulf of Mexico) or international waters;
(H) its likely need to respond to acts of terrorism occurring in nearby jurisdictions;
(I) the extent to which it has unmet target capabilities;
(J) in the case of a high-risk urban area, the extent to which that high-risk urban area includes—
(i) those incorporated municipalities, counties, parishes, and Indian tribes within the relevant eligible metropolitan area, the inclusion of which will enhance regional efforts to prevent, prepare for, protect against, and respond to acts of terrorism; and
(ii) other local and tribal governments in the surrounding area that are likely to be called upon to respond to acts of terrorism within the high-risk urban area; and
(K) such other factors as are specified in writing by the Administrator; and
(2) the anticipated effectiveness of the proposed use of the grant by the State or high-risk urban area in increasing the ability of that State or high-risk urban 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 high-risk urban area, the State, or the Nation.
In assessing threat under this section, the Administrator shall consider the following types of threat to critical infrastructure sectors and to populations in all areas of the United States, urban and rural:
(1) Biological.
(2) Chemical.
(3) Cyber.
(4) Explosives.
(5) Incendiary.
(6) Nuclear.
(7) Radiological.
(8) Suicide bombers.
(9) Such other types of threat determined relevant by the Administrator.
(Pub. L. 107–296, title XX, §2007, as added Pub. L. 110–53, title I, §101, Aug. 3, 2007, 121 Stat. 282.)
The Administrator shall permit the recipient of a grant under section 604 or 605 of this title to use grant funds to achieve target capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism, consistent with a State homeland security plan and relevant local, tribal, and regional homeland security plans, including by working in conjunction with a National Laboratory (as defined in section 15801(3) of title 42), through—
(1) developing and enhancing homeland security, emergency management, or other relevant plans, assessments, or mutual aid agreements;
(2) designing, conducting, and evaluating training and exercises, including training and exercises conducted under section 321a of this title and section 748 of this title;
(3) protecting a system or asset included on the prioritized critical infrastructure list established under section 124l(a)(2) of this title;
(4) purchasing, upgrading, storing, or maintaining equipment, including computer hardware and software;
(5) ensuring operability and achieving interoperability of emergency communications;
(6) responding to an increase in the threat level under the Homeland Security Advisory System, or to the needs resulting from a National Special Security Event;
(7) establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 124h(i) of this title;
(8) enhancing school preparedness;
(9) supporting public safety answering points;
(10) paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts, regardless of whether such analysts are current or new full-time employees or contract employees;
(11) paying expenses directly related to administration of the grant, except that such expenses may not exceed 3 percent of the amount of the grant;
(12) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the State Homeland Security Grant Program, the Urban Area Security Initiative (including activities permitted under the full-time counterterrorism staffing pilot), or the Law Enforcement Terrorism Prevention Program; and
(13) any other appropriate activity, as determined by the Administrator.
Funds provided under section 604 or 605 of this title may not be used—
(A) to supplant State or local funds, except that nothing in this paragraph shall prohibit the use of grant funds provided to a State or high-risk urban area for otherwise permissible uses under subsection (a) on the basis that a State or high-risk urban area has previously used State or local funds to support the same or similar uses; or
(B) for any State or local government cost-sharing contribution.
Not more than 50 percent of the amount awarded to a grant recipient under section 604 or 605 of this title in any fiscal year may be used to pay for personnel, including overtime and backfill costs, in support of the permitted uses under subsection (a).
At the request of the recipient of a grant under section 604 or 605 of this title, the Administrator may grant a waiver of the limitation under subparagraph (A).
With respect to the use of amounts awarded to a grant recipient under section 604 or 605 of this title for personnel costs in accordance with paragraph (2) of this subsection, the Administrator may not—
(i) impose a limit on the amount of the award that may be used to pay for personnel, or personnel-related, costs that is higher or lower than the percent limit imposed in paragraph (2)(A); or
(ii) impose any additional limitation on the portion of the funds of a recipient that may be used for a specific type, purpose, or category of personnel, or personnel-related, costs.
If amounts awarded to a grant recipient under section 604 or 605 of this title are used for paying salary or benefits of a qualified intelligence analyst under subsection (a)(10), the Administrator shall make such amounts available without time limitations placed on the period of time that the analyst can serve under the grant.
A grant awarded under section 604 or 605 of this title may not be used to acquire land or to construct buildings or other physical facilities.
Notwithstanding subparagraph (A), nothing in this paragraph shall prohibit the use of a grant awarded under section 604 or 605 of this title to achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism, including through the alteration or remodeling of existing buildings for the purpose of making such buildings secure against acts of terrorism.
No grant awarded under section 604 or 605 of this title may be used for a purpose described in clause (i) unless—
(I) specifically approved by the Administrator;
(II) any construction work occurs under terms and conditions consistent with the requirements under section 5196(j)(9) of title 42; and
(III) the amount allocated for purposes under clause (i) does not exceed the greater of $1,000,000 or 15 percent of the grant award.
Grants awarded under this part may not be used for recreational or social purposes.
Nothing in this part shall be construed to prohibit State, local, or tribal governments from using grant funds under sections 604 and 605 of this title in a manner that enhances preparedness for disasters unrelated to acts of terrorism, if such use assists such governments in achieving target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism.
In addition to the activities described in subsection (a), a grant under section 604 or 605 of this title may be used to provide a reasonable stipend to paid-on-call or volunteer emergency response providers who are not otherwise compensated for travel to or participation in training or exercises related to the purposes of this part. Any such reimbursement shall not be considered compensation for purposes of rendering an emergency response provider an employee under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
An applicant for a grant under section 604 or 605 of this title may petition the Administrator to use the funds from its grants under those sections for the reimbursement of the cost of any activity relating to preventing, preparing for, protecting against, or responding to acts of terrorism that is a Federal duty and usually performed by a Federal agency, and that is being performed by a State or local government under agreement with a Federal agency.
Upon request by the recipient of a grant under section 604 or 605 of this title, the Administrator may authorize the grant recipient to transfer all or part of the grant funds from uses specified in the grant agreement to other uses authorized under this section, if the Administrator determines that such transfer is in the interests of homeland security.
If an applicant for a grant under section 604 or 605 of this title proposes to upgrade or purchase, with assistance provided under that grant, new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under section 747 of this title, the applicant shall include in its application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards.
(Pub. L. 107–296, title XX, §2008, as added Pub. L. 110–53, title I, §101, Aug. 3, 2007, 121 Stat. 283; amended Pub. L. 110–412, §2, Oct. 14, 2008, 122 Stat. 4336; Pub. L. 114–113, div. M, title VII, §711, Dec. 18, 2015, 129 Stat. 2934.)
The Fair Labor Standards Act of 1938, referred to in subsec. (d)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
2015—Subsec. (a). Pub. L. 114–113 inserted "including by working in conjunction with a National Laboratory (as defined in section 15801(3) of title 42)," after "plans," in introductory provisions.
2008—Subsec. (a). Pub. L. 110–412, §2(1)(A), substituted "The Administrator shall permit the recipient of a grant under section 604 or 605 of this title to use grant funds" for "Grants awarded under section 604 or 605 of this title may be used" in introductory provisions.
Subsec. (a)(10). Pub. L. 110–412, §2(1)(B), inserted ", regardless of whether such analysts are current or new full-time employees or contract employees" after "analysts".
Subsec. (b)(3) to (5). Pub. L. 110–412, §2(2), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
The Administrator shall ensure that—
(1) all recipients of grants administered by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters (excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) coordinate, as appropriate, their prevention, preparedness, and protection efforts with neighboring State, local, and tribal governments; and
(2) all high-risk urban areas and other recipients of grants administered by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters (excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) that include or substantially affect parts or all of more than 1 State coordinate, as appropriate, across State boundaries, including, where appropriate, through the use of regional working groups and requirements for regional plans.
Any State or high-risk urban area receiving a grant under section 604 or 605 of this title shall establish a planning committee to assist in preparation and revision of the State, regional, or local homeland security plan and to assist in determining effective funding priorities for grants under sections 604 and 605 of this title.
The planning committee shall include representatives of significant stakeholders, including—
(i) local and tribal government officials; and
(ii) emergency response providers, which shall include representatives of the fire service, law enforcement, emergency medical response, and emergency managers.
The members of the planning committee shall be a representative group of individuals from the counties, cities, towns, and Indian tribes within the State or high-risk urban area, including, as appropriate, representatives of rural, high-population, and high-threat jurisdictions.
Nothing in this subsection may be construed to require that any State or high-risk urban area create a planning committee if that State or high-risk urban area has established and uses a multijurisdictional planning committee or commission that meets the requirements of this subsection.
Not later than 12 months after August 3, 2007, the Secretary (acting through the Administrator), the Attorney General, the Secretary of Health and Human Services, and the heads of other agencies providing assistance to State, local, and tribal governments for preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters, shall jointly—
(A) compile a comprehensive list of Federal grant programs for State, local, and tribal governments for preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters;
(B) compile the planning, reporting, application, and other requirements and guidance for the grant programs described in subparagraph (A);
(C) develop recommendations, as appropriate, to—
(i) eliminate redundant and duplicative requirements for State, local, and tribal governments, including onerous application and ongoing reporting requirements;
(ii) ensure accountability of the programs to the intended purposes of such programs;
(iii) coordinate allocation of grant funds to avoid duplicative or inconsistent purchases by the recipients;
(iv) make the programs more accessible and user friendly to applicants; and
(v) ensure the programs are coordinated to enhance the overall preparedness of the Nation;
(D) submit the information and recommendations under subparagraphs (A), (B), and (C) to the appropriate committees of Congress; and
(E) provide the appropriate committees of Congress, the Comptroller General, and any officer or employee of the Government Accountability Office with full access to any information collected or reviewed in preparing the submission under subparagraph (D).
Nothing in this subsection shall authorize the elimination, or the alteration of the purposes, as delineated by statute, regulation, or guidance, of any grant program that exists on August 3, 2007, nor authorize the review or preparation of proposals on the elimination, or the alteration of such purposes, of any such grant program.
It is the sense of Congress that, in order to ensure that the Nation is most effectively able to prevent, prepare for, protect against, and respond to all hazards, including natural disasters, acts of terrorism, and other man-made disasters—
(1) the Department should administer a coherent and coordinated system of both terrorism-focused and all-hazards grants;
(2) there should be a continuing and appropriate balance between funding for terrorism-focused and all-hazards preparedness, as reflected in the authorizations of appropriations for grants under the amendments made by titles I and II, as applicable, of the Implementing Recommendations of the 9/11 Commission Act of 2007; and
(3) with respect to terrorism-focused grants, it is necessary to ensure both that the target capabilities of the highest risk areas are achieved quickly and that basic levels of preparedness, as measured by the attainment of target capabilities, are achieved nationwide.
(Pub. L. 107–296, title XX, §2021, as added Pub. L. 110–53, title I, §101, Aug. 3, 2007, 121 Stat. 285.)
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143. Section 203 of the Act is classified to section 5133 of Title 42, The Public Health and Welfare. Titles IV and V of the Act are classified generally to subchapters IV (§5170 et seq.) and IV–A (§5191 et seq.), respectively, of chapter 68 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
The Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (d)(2), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266. Title I of the Act enacted this subchapter and amended sections 318, 321a, 594, 596, and 752 of this title. Title II of the Act amended section 762 of this title and section 5196c of Title 42, The Public Health and Welfare. For complete classification of titles I and II to the Code, see Tables.
Each recipient of a grant administered by the Department that expends not less than $500,000 in Federal funds during its fiscal year shall submit to the Administrator a copy of the organization-wide financial and compliance audit report required under chapter 75 of title 31.
The Department and each recipient of a grant administered by the Department shall provide the Comptroller General and any officer or employee of the Government Accountability Office with full access to information regarding the activities carried out related to any grant administered by the Department.
Consistent with the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note), for each of the grant programs under sections 604 and 605 of this title and section 762 of this title, the Administrator shall specify policies and procedures for—
(i) identifying activities funded under any such grant program that are susceptible to significant improper payments; and
(ii) reporting any improper payments to the Department.
Not less than once every 2 years, the Administrator shall conduct, for each State and high-risk urban area receiving a grant administered by the Department, a programmatic and financial review of all grants awarded by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters, excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.).
Each review under subparagraph (A) shall, at a minimum, examine—
(i) whether the funds awarded were used in accordance with the law, program guidance, and State homeland security plans or other applicable plans; and
(ii) the extent to which funds awarded enhanced the ability of a grantee to prevent, prepare for, protect against, and respond to natural disasters, acts of terrorism, and other man-made disasters.
In addition to any other amounts authorized to be appropriated to the Administrator, there are authorized to be appropriated to the Administrator for reviews under this paragraph—
(i) $8,000,000 for each of fiscal years 2008, 2009, and 2010; and
(ii) such sums as are necessary for fiscal year 2011, and each fiscal year thereafter.
In order to ensure that States and high-risk urban areas are using grants administered by the Department appropriately to meet target capabilities and preparedness priorities, the Administrator shall—
(A) ensure that any such State or high-risk urban area conducts or participates in exercises under section 748(b) of this title;
(B) use performance metrics in accordance with the comprehensive assessment system under section 749 of this title and ensure that any such State or high-risk urban area regularly tests its progress against such metrics through the exercises required under subparagraph (A);
(C) use the remedial action management program under section 750 of this title; and
(D) ensure that each State receiving a grant administered by the Department submits a report to the Administrator on its level of preparedness, as required by section 752(c) of this title.
In conducting program reviews and performance audits under paragraph (2), the Administrator and the Inspector General of the Department shall take into account the performance assessment elements required under paragraph (3).
The Administrator shall conduct a recovery audit under section 2(h) of the Improper Payments Elimination and Recovery Act of 2010 (31 U.S.C. 3321 note) for any grant administered by the Department with a total value of not less than $1,000,000, if the Administrator finds that—
(A) a financial audit has identified improper payments that can be recouped; and
(B) it is cost effective to conduct a recovery audit to recapture the targeted funds.
If, as a result of a review or audit under this subsection or otherwise, the Administrator finds that a recipient of a grant under this subchapter has failed to substantially comply with any provision of law or with any regulations or guidelines of the Department regarding eligible expenditures, the Administrator shall—
(i) reduce the amount of payment of grant funds to the recipient by an amount equal to the amount of grants funds that were not properly expended by the recipient;
(ii) limit the use of grant funds to programs, projects, or activities not affected by the failure to comply;
(iii) refer the matter to the Inspector General of the Department for further investigation;
(iv) terminate any payment of grant funds to be made to the recipient; or
(v) take such other action as the Administrator determines appropriate.
The Administrator shall apply an appropriate penalty under subparagraph (A) until such time as the Administrator determines that the grant recipient is in full compliance with the law and with applicable guidelines or regulations of the Department.
As a condition of receiving a grant under section 604 or 605 of this title, a State, high-risk urban area, or directly eligible tribe shall, not later than 30 days after the end of each Federal fiscal quarter, submit to the Administrator a report on activities performed using grant funds during that fiscal quarter.
Each report submitted under subparagraph (A) shall at a minimum include, for the applicable State, high-risk urban area, or directly eligible tribe, and each subgrantee thereof—
(i) the amount obligated to that recipient under section 604 or 605 of this title in that quarter;
(ii) the amount of funds received and expended under section 604 or 605 of this title by that recipient in that quarter; and
(iii) a summary description of expenditures made by that recipient using such funds, and the purposes for which such expenditures were made.
The report submitted under subparagraph (A) by a State, high-risk urban area, or directly eligible tribe relating to the last quarter of any fiscal year shall include—
(i) the amount and date of receipt of all funds received under the grant during that fiscal year;
(ii) the identity of, and amount provided to, any subgrantee for that grant during that fiscal year;
(iii) the amount and the dates of disbursements of all such funds expended in compliance with section 611(a)(1) of this title or under mutual aid agreements or other sharing arrangements that apply within the State, high-risk urban area, or directly eligible tribe, as applicable, during that fiscal year; and
(iv) how the funds were used by each recipient or subgrantee during that fiscal year.
Any State applying for a grant under section 605 of this title shall submit to the Administrator annually a State preparedness report, as required by section 752(c) of this title.
The Administrator shall submit to the appropriate committees of Congress annually the Federal Preparedness Report required under section 752(a) of this title.
For each fiscal year, the Administrator shall provide to the appropriate committees of Congress a detailed and comprehensive explanation of the methodologies used to calculate risk and compute the allocation of funds for grants administered by the Department, including—
(i) all variables included in the risk assessment and the weights assigned to each such variable;
(ii) an explanation of how each such variable, as weighted, correlates to risk, and the basis for concluding there is such a correlation; and
(iii) any change in the methodologies from the previous fiscal year, including changes in variables considered, weighting of those variables, and computational methods.
The information required under subparagraph (A) shall be provided in unclassified form to the greatest extent possible, and may include a classified annex if necessary.
For each fiscal year, the information required under subparagraph (A) shall be provided on the earlier of—
(i) October 31; or
(ii) 30 days before the issuance of any program guidance for grants administered by the Department.
At the end of each fiscal year, the Administrator shall submit to the appropriate committees of Congress a report setting forth the amount of funding provided during that fiscal year to Indian tribes under any grant program administered by the Department, whether provided directly or through a subgrant from a State or high-risk urban area.
(Pub. L. 107–296, title XX, §2022, as added Pub. L. 110–53, title I, §101, Aug. 3, 2007, 121 Stat. 287; amended Pub. L. 111–204, §2(h)(6)(B)(iii), July 22, 2010, 124 Stat. 2231; Pub. L. 113–284, §2(c)(1), (2), Dec. 18, 2014, 128 Stat. 3089.)
The Improper Payments Information Act of 2002, referred to in subsec. (a)(1)(C), is Pub. L. 107–300, Nov. 26, 2002, 116 Stat. 2350, which is set out as a note under section 3321 of Title 31, Money and Finance.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(2)(A), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143. Section 203 of the Act is classified to section 5133 of Title 42, The Public Health and Welfare. Titles IV and V of the Act are classified generally to subchapters IV (§5170 et seq.) and IV–A (§5191 et seq.), respectively, of chapter 68 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
Section 2(h) of the Improper Payments Elimination and Recovery Act of 2010, referred to in subsec. (a)(5), is section 2(h) of Pub. L. 111–204, which is set out as a note under section 3321 of Title 31, Money and Finance.
2014—Subsec. (a)(3) to (7). Pub. L. 113–284 redesignated pars. (4) to (7) as (3) to (6), respectively, substituted, in par. (4), "paragraph (2)" for "paragraphs (2) and (3)" and "paragraph (3)" for "paragraph (4)", and struck out former par. (3) which related to Office of Inspector General performance audits.
2010—Subsec. (a)(6). Pub. L. 111–204 substituted "under section 2(h) of the Improper Payments Elimination and Recovery Act of 2010 (31 U.S.C. 3321 note)" for "(as that term is defined by the Director of the Office of Management and Budget under section 3561 of title 31)".
Pub. L. 113–284, §2(c)(3), Dec. 18, 2014, 128 Stat. 3090, provided that: "The amendments made by this subsection [amending this section] shall take effect on January 1, 2015."
In this section, the term "covered grants" means grants awarded under section 604 of this title, grants awarded under section 605 of this title, and any other grants specified by the Administrator.
Not later than 90 days after October 12, 2010, the Administrator shall submit to the appropriate committees of Congress a report that includes—
(1) an assessment of redundant reporting requirements imposed by the Administrator on State, local, and tribal governments in connection with the awarding of grants, including—
(A) a list of each discrete item of data requested by the Administrator from grant recipients as part of the process of administering covered grants;
(B) identification of the items of data from the list described in subparagraph (A) that are required to be submitted by grant recipients on multiple occasions or to multiple systems; and
(C) identification of the items of data from the list described in subparagraph (A) that are not necessary to be collected in order for the Administrator to effectively and efficiently administer the programs under which covered grants are awarded;
(2) a plan, including a specific timetable, for eliminating any redundant and unnecessary reporting requirements identified under paragraph (1); and
(3) a plan, including a specific timetable, for promptly developing a set of quantifiable performance measures and metrics to assess the effectiveness of the programs under which covered grants are awarded.
Not later than 1 year after the date on which the initial report is required to be submitted under subsection (b), and once every 2 years thereafter, the Administrator shall submit to the appropriate committees of Congress a grants management report that includes—
(1) the status of efforts to eliminate redundant and unnecessary reporting requirements imposed on grant recipients, including—
(A) progress made in implementing the plan required under subsection (b)(2);
(B) a reassessment of the reporting requirements to identify and eliminate redundant and unnecessary requirements;
(2) the status of efforts to develop quantifiable performance measures and metrics to assess the effectiveness of the programs under which the covered grants are awarded, including—
(A) progress made in implementing the plan required under subsection (b)(3);
(B) progress made in developing and implementing additional performance metrics and measures for grants, including as part of the comprehensive assessment system required under section 749 of this title; and
(3) a performance assessment of each program under which the covered grants are awarded, including—
(A) a description of the objectives and goals of the program;
(B) an assessment of the extent to which the objectives and goals described in subparagraph (A) have been met, based on the quantifiable performance measures and metrics required under this section, section 612(a)(4) 1 of this title, and section 749 of this title;
(C) recommendations for any program modifications to improve the effectiveness of the program, to address changed or emerging conditions; and
(D) an assessment of the experience of recipients of covered grants, including the availability of clear and accurate information, the timeliness of reviews and awards, and the provision of technical assistance, and recommendations for improving that experience.
Not later than 30 days after October 12, 2010, the Administrator shall enter into a contract with the National Academy of Public Administration under which the National Academy of Public Administration shall assist the Administrator in studying, developing, and implementing—
(A) quantifiable performance measures and metrics to assess the effectiveness of grants administered by the Department, as required under this section and section 749 of this title; and
(B) the plan required under subsection (b)(3).
Not later than 1 year after the date on which the contract described in paragraph (1) is awarded, the Administrator shall submit to the appropriate committees of Congress a report that describes the findings and recommendations of the study conducted under paragraph (1).
There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this subsection.
(Pub. L. 107–296, title XX, §2023, as added Pub. L. 111–271, §2(a), Oct. 12, 2010, 124 Stat. 2852.)
Section 612(a)(4) of this title, referred to in subsec. (c)(3)(B), was redesignated section 612(a)(3) of this title by Pub. L. 113–284, §2(c)(2)(A), Dec. 18, 2014, 128 Stat. 3089.