6 U.S.C. § 605 — State Homeland Security Grant Program

Page 305 TITLE 6—DOMESTIC SECURITY § 605 (Pub. L. 107–296, title XX, § 2003, as added Pub. L. 110–53, title I, § 101, Aug. 3, 2007, 121 Stat. 274.) § 605. State Homeland Security Grant Program (a) Establishment There is established a State Homeland Secu- rity 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 Adminis- trator may reasonably require. (2) Minimum contents of application The Administrator shall require that each State include in its application, at a min- imum— (A) the purpose for which the State seeks grant funds and the reasons why the State needs the grant to meet the target capabili- ties of that State; (B) a description of how the State plans to allocate the grant funds to local govern- ments and Indian tribes; and (C) a budget showing how the State in- tends 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 trib- al 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 pe- riod under paragraph (1) for an additional pe- riod of time. The Administrator may approve such a request if the Administrator deter- mines that the resulting delay in providing grant funding to the local and tribal govern- ments is necessary to promote effective in- vestments 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 dis- tribution 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 ef- forts 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 ad- ministering 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 appro- priated for the State Homeland Security Grant Program established under this sec- tion, not less than an amount equal to— (i) 0.375 percent of the total funds appro- priated for grants under this section and section 604 of this title in fiscal year 2008; (ii) 0.365 percent of the total funds appro- priated for grants under this section and section 604 of this title in fiscal year 2009; (iii) 0.36 percent of the total funds appro- priated for grants under this section and section 604 of this title in fiscal year 2010; (iv) 0.355 percent of the total funds ap- propriated for grants under this section and section 604 of this title in fiscal year 2011; and (v) 0.35 percent of the total funds appro- priated 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 es- tablished under this section, not less than an amount equal to 0.08 percent of the total funds appropriated for grants under this sec- tion and section 604 of this title. 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.)