6 U.S.C. § 606 — Grants to directly eligible tribes

Page 306 TITLE 6—DOMESTIC SECURITY § 606 (2) Effect of multistate award on State min- imum Any portion of a multistate award provided to a State under subsection (d) shall be consid- ered in calculating the minimum State alloca- tion 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. (Pub. L. 107–296, title XX, § 2004, as added Pub. L. 110–53, title I, § 101, Aug. 3, 2007, 121 Stat. 277.) § 606. Grants to directly eligible tribes (a) In general Notwithstanding section 605(b) of this title, the Administrator may award grants to directly eligible tribes under section 605 of this title. (b) Tribal applications 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. (c) Consistency with State plans (1) In general To ensure consistency with any applicable State homeland security plan, a directly eligi- ble tribe applying for a grant under section 605 of this title shall provide a copy of its applica- tion 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 sup- port 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. (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 di- rectly eligible tribe is located of the approval of an application by the tribe. (e) Prioritization The Administrator shall allocate funds to di- rectly eligible tribes in accordance with the fac- tors applicable to allocating funds among States under section 608 of this title. (f) Distribution of awards to directly eligible tribes If the Administrator awards funds to a di- rectly eligible tribe under this section, the Ad- ministrator shall distribute the grant funds di- rectly 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 fis- cal year, directly eligible tribes collectively receive, from the funds appropriated for the State Homeland Security Grant Program es- tablished under section 605 of this title, not less than an amount equal to 0.1 percent of the total funds appropriated for grants under sec- tions 604 and 605 of this title. (2) Exception 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. (h) Tribal liaison 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 pre- venting, preparing for, protecting against, and responding to acts of terrorism. (i) Eligibility for other funds 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. (j) State obligations (1) In general 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 capa- bilities not achieved through grants to di- rectly eligible tribes. (2) Distribution of grant funds With respect to a grant to a State under sec- tion 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. (3) Imposition of requirements A State may not impose unreasonable or un- duly burdensome requirements on an Indian tribe as a condition of providing the Indian tribe with grant funds or resources under sec- tion 605 of this title. (k) Rule of construction Nothing in this section shall be construed to affect the authority of an Indian tribe that re- ceives 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.) 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.