6 U.S.C. § 607 — Terrorism prevention

Page 307 TITLE 6—DOMESTIC SECURITY § 607 § 607. Terrorism prevention (a) Law enforcement terrorism prevention pro- gram (1) In general 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. (2) Law enforcement terrorism prevention ac- tivities Law enforcement terrorism prevention ac- tivities include— (A) information sharing and analysis; (B) target hardening; (C) threat recognition; (D) terrorist interdiction; (E) training exercises to enhance prepared- ness for and response to mass casualty and active shooter incidents and security events at public locations, including airports and mass transit systems; (F) 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; (G) 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; (H) paying salaries and benefits for per- sonnel, including individuals employed by the grant recipient on the date of the rel- evant grant application, to serve as qualified intelligence analysts; (I) any other activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the Law Enforcement Ter- rorism Prevention Program; and (J) any other terrorism prevention activ- ity authorized by the Administrator. (3) Participation of underrepresented commu- nities in fusion centers 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 re- sponse providers from rural and other under- represented communities at risk from acts of terrorism in fusion centers. (b) Office for State and Local Law Enforcement (1) Establishment There is established in the Policy Direc- torate 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. (2) Qualifications The Assistant Secretary for State and Local Law Enforcement shall have an appropriate background with experience in law enforce- ment, intelligence, and other counterterrorism functions. (3) Assignment of personnel 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. (4) Responsibilities 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 re- sponding to natural disasters, acts of ter- rorism, and other man-made disasters with- in 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 Intel- ligence and Analysis to ensure the intel- ligence and information sharing require- ments of State, local, and tribal law enforce- ment agencies are being addressed; (D) work with the Administrator to ensure that law enforcement and terrorism-focused grants to State, local, and tribal govern- ment agencies, including grants under sec- tions 604 and 605 of this title, the Commer- cial Equipment Direct Assistance Program, and other grants administered by the De- partment to support fusion centers and law enforcement-oriented programs, are appro- priately focused on terrorism prevention ac- tivities; (E) coordinate with the Science and Tech- nology 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 develop- ment, promulgation, and updating, as nec- essary, of national voluntary consensus standards for training and personal protec- tive equipment to be used in a tactical envi- ronment by law enforcement officers; and (F) conduct, jointly with the Adminis- trator, a study to determine the efficacy and feasibility of establishing specialized law en- forcement 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 com- mittees of Congress. (5) Rule of construction Nothing in this subsection shall be con- strued to diminish, supercede, or replace the responsibilities, authorities, or role of the Ad- ministrator. (Pub. L. 107–296, title XX, § 2006, as added Pub. L. 110–53, title I, § 101, Aug. 3, 2007, 121 Stat. 280; amended Pub. L. 114–190, title III, § 3602, July 15, 2016, 130 Stat. 665.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(2)(E) to (J). Pub. L. 114–190 added subpar. (E) and redesignated former subpars. (E) to (I) as (F) to (J), respectively. Page 308 TITLE 6—DOMESTIC SECURITY § 608 § 608. Prioritization (a) In general In allocating funds among States and high- risk urban areas applying for grants under sec- tion 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 com- muter populations; (B) its population density; (C) its history of threats, including wheth- er it has been the target of a prior act of ter- rorism; (D) its degree of threat, vulnerability, and consequences related to critical infrastruc- ture (for all critical infrastructure sectors) or key resources identified by the Adminis- trator or the State homeland security plan, including threats, vulnerabilities, and con- sequences 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 inter- national 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 with- in the relevant eligible metropolitan area, the inclusion of which will enhance re- gional efforts to prevent, prepare for, pro- tect against, and respond to acts of ter- rorism; 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 pro- posed 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 capabili- ties, and to otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation. (b) Types of threat In assessing threat under this section, the Ad- ministrator 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.) § 609. Use of funds (a) Permitted uses 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 re- lated 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 home- land security plans, including by working in conjunction with a National Laboratory (as de- fined in section 15801(3) of title 42), through— (1) developing and enhancing homeland secu- rity, emergency management, or other rel- evant plans, assessments, or mutual aid agree- ments; (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 es- tablished under section 664(a)(2) of this title; (4) purchasing, upgrading, storing, or main- taining equipment, including computer hard- ware and software; (5) ensuring operability and achieving inter- operability 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 Na- tional 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) enhancing the security and preparedness of secure and nonsecure areas of eligible air- ports and surface transportation systems; (10) supporting public safety answering points; (11) paying salaries and benefits for per- sonnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intel- ligence analysts, regardless of whether such analysts are current or new full-time employ- ees or contract employees; (12) paying expenses directly related to ad- ministration of the grant, except that such ex- penses may not exceed 3 percent of the amount of the grant; (13) any activity permitted under the Fiscal Year 2007 Program Guidance of the Depart- ment for the State Homeland Security Grant Program, the Urban Area Security Initiative