6 U.S.C. § 603 — Homeland security grant programs

Page 302 TITLE 6—DOMESTIC SECURITY § 603 1 So in original. Probably should be ‘‘titles’’. 2 See References in Text note below. (6) High-risk urban area The term ‘‘high-risk urban area’’ means a high-risk urban area designated under section 604(b)(3)(A) of this title. (7) Indian tribe The term ‘‘Indian tribe’’ has the meaning given that term in section 5304(e) of title 25. (8) Metropolitan statistical area The term ‘‘metropolitan statistical area’’ means a metropolitan statistical area, as de- fined by the Office of Management and Budget. (9) National Special Security Event The term ‘‘National Special Security Event’’ means a designated event that, by virtue of its political, economic, social, or religious signifi- cance, may be the target of terrorism or other criminal activity. (10) Population The term ‘‘population’’ means population according to the most recent United States census population estimates available at the start of the relevant fiscal year. (11) Population density The term ‘‘population density’’ means popu- lation divided by land area in square miles. (12) Qualified intelligence analyst The term ‘‘qualified intelligence analyst’’ means an intelligence analyst (as that term is defined in section 124h(j) of this title), includ- ing law enforcement personnel— (A) who has successfully completed train- ing to ensure baseline proficiency in intel- ligence analysis and production, as deter- mined by the Secretary, which may include training using a curriculum developed under section 124f of this title; or (B) whose experience ensures baseline pro- ficiency in intelligence analysis and produc- tion equivalent to the training required under subparagraph (A), as determined by the Secretary. (13) Target capabilities 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. (14) Tribal government 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; amended Pub. L. 115–278, § 2(g)(7)(A), Nov. 16, 2018, 132 Stat. 4180.) Editorial Notes AMENDMENTS 2018—Par. (4)(A)(iii)(II). Pub. L. 115–278 substituted ‘‘section 664(a)(2) of this title’’ for ‘‘section 124l(a)(2) of this title’’. PART A—GRANTS TO STATES AND HIGH-RISK URBAN AREAS § 603. Homeland security grant programs (a) Grants authorized The Secretary, through the Administrator, may award grants under sections 604, 605, and 609a of this title to State, local, and tribal gov- ernments. (b) Programs not affected This part shall not be construed to affect any of the following Federal programs: (1) Firefighter and other assistance pro- grams authorized under the Federal Fire Pre- vention and Control Act of 1974 (15 U.S.C. 2201 et seq.). (2) Grants authorized under the Robert T. Stafford Disaster Relief and Emergency As- sistance 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 Im- plementing Recommendations of the 9/11 Com- mission Act of 2007 [6 U.S.C. 1131 et seq., 1151 et seq.] and the amendments made by such ti- tles. (5) The Metropolitan Medical Response Sys- tem authorized under section 723 of this title. (6) The Interoperable Emergency Commu- nications Grant Program authorized under subchapter XIII. (7) Grant programs other than those admin- istered by the Department. (c) Relationship to other laws (1) In general The grant programs authorized under sec- tions 604 and 605 of this title shall supercede all grant programs authorized under section 1014 of the USA PATRIOT Act (42 U.S.C. 3714).2 (2) Allocation 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; amended Pub. L. 116–108, § 2(b), Jan. 24, 2020, 133 Stat. 3295.) Editorial Notes REFERENCES IN TEXT 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 Emer- gency Assistance Act, referred to in subsec. (b)(2), is Page 303 TITLE 6—DOMESTIC SECURITY § 604 Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication 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 Com- mission 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 Amend- ment note set out under section 101 of this title and Ta- bles. Section 1014 of the USA PATRIOT Act, referred to in subsec. (c)(1), is section 1014 of Pub. L. 107–56, which is set out as a note under this section. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–108 substituted ‘‘sec- tions 604, 605, and 609a’’ for ‘‘sections 604 and 605’’. Statutory Notes and Related Subsidiaries GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC PREPAREDNESS SUPPORT Pub. L. 107–56, title X, § 1014, Oct. 26, 2001, 115 Stat. 399, as amended by Pub. L. 107–273, div. C, title I, § 11003, Nov. 2, 2002, 116 Stat. 1816, provided that: ‘‘(a) IN GENERAL.—The Office for Domestic Prepared- ness of the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunction with units of local government, to en- hance the capability of State and local jurisdictions to prepare for and respond to terrorist acts including events of terrorism involving weapons of mass destruc- tion and biological, nuclear, radiological, incendiary, chemical, and explosive devices. ‘‘(b) USE OF GRANT AMOUNTS.—Grants under this sec- tion may be used to purchase needed equipment and to provide training and technical assistance to State and local first responders. In addition, grants under this section may be used to construct, develop, expand, modify, operate, or improve facilities to provide train- ing or assistance to State and local first responders. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authorized to be appro- priated to carry out this section such sums as nec- essary for each of fiscal years 2002 through 2007. ‘‘(2) LIMITATIONS.—Of the amount made available to carry out this section in any fiscal year not more than 3 percent may be used by the Attorney General for salaries and administrative expenses. ‘‘(3) MINIMUM AMOUNT.—Each State shall be allo- cated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, ex- cept that the United States Virgin Islands, America Samoa, Guam, and the Northern Mariana Islands each shall be allocated not less than 0.25 percent.’’ [For transfer of functions, personnel, assets, and li- abilities of the Office for Domestic Preparedness of the Office of Justice Programs, including the functions of the Attorney General relating thereto, to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 203(5), 551(d), 552(d), and 557 of this title and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of this title.] § 604. Urban Area Security Initiative (a) Establishment There is established an Urban Area Security Initiative to provide grants to assist high-risk urban areas in preventing, preparing for, pro- tecting against, and responding to acts of ter- rorism. (b) Assessment and designation of high-risk urban areas (1) In general The Administrator shall designate high-risk urban areas to receive grants under this sec- tion based on procedures under this sub- section. (2) Initial assessment (A) In general For each fiscal year, the Administrator shall conduct an initial assessment of the relative threat, vulnerability, and con- sequences 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). (B) Submission of information by eligible metropolitan areas Prior to conducting each initial assess- ment under subparagraph (A), the Adminis- trator shall provide each eligible metropoli- tan 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, vulner- ability, and consequences it faces from acts of terrorism; and (ii) review the risk assessment conducted by the Department of that eligible metro- politan area, including the bases for the assessment by the Department of the threat, vulnerability, and consequences from acts of terrorism faced by that eligi- ble metropolitan area, and remedy erro- neous or incomplete information. (3) Designation of high-risk urban areas (A) Designation (i) In general For each fiscal year, after conducting the initial assessment under paragraph (2), and based on that assessment, the Admin- istrator shall designate high-risk urban areas that may submit applications for grants under this section. (ii) Additional areas Notwithstanding paragraph (2), the Ad- ministrator may— (I) in any case where an eligible metro- politan area consists of more than 1 met- ropolitan division (as that term is de- fined by the Office of Management and Budget) designate more than 1 high-risk urban area within a single eligible met- ropolitan area; and (II) designate an area that is not an el- igible 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.