6 U.S.C. § 604 — Urban Area Security Initiative

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. Page 304 TITLE 6—DOMESTIC SECURITY § 604 (iii) Rule of construction Nothing in this subsection may be con- strued to require the Administrator to— (I) designate all eligible metropolitan areas that submit information to the Ad- ministrator under paragraph (2)(B)(i) as high-risk urban areas; or (II) designate all areas within an eligi- ble metropolitan area as part of the high-risk urban area. (B) Jurisdictions included in high-risk urban areas (i) In general 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. (ii) Additional jurisdictions 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. (c) Application (1) In general An area designated as a high-risk urban area under subsection (b) may apply for a grant under this section. (2) Minimum contents of application In an application for a grant under this sec- tion, a high-risk urban area shall submit— (A) a plan describing the proposed division of responsibilities and distribution of fund- ing 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 De- partment and among the various jurisdic- tions in the high-risk urban area; and (C) such information in support of the ap- plication as the Administrator may reason- ably require. (3) Annual applications Applicants for grants under this section shall apply or reapply on an annual basis. (4) State review and transmission (A) In general To ensure consistency with State home- land 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. (B) Deadline Not later than 30 days after receiving an application from a high-risk urban area under subparagraph (A), a State shall trans- mit the application to the Department. (C) Opportunity for State comment If the Governor of a State determines that an application of a high-risk urban area is inconsistent with the State homeland secu- rity 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. (5) Opportunity to amend 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, be- fore making final awards. (d) Distribution of awards (1) In general If the Administrator approves the applica- tion 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. (2) State distribution of funds (A) In general 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 re- tained by a State shall be expended on items, services, or activities that benefit the high-risk urban area. (B) Funds retained 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 subpara- graph (A) were expended. (3) Interstate urban areas If parts of a high-risk urban area awarded a grant under this section are located in 2 or more States, the Administrator shall dis- tribute to each such State— (A) a portion of the grant funds in accord- ance 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 ap- propriate. (4) Certifications regarding distribution of grant funds to high-risk urban areas A State that receives grant funds under paragraph (1) shall certify to the Adminis- trator that the State has made available to the applicable high-risk urban area the re- quired funds under paragraph (2). (e) Authorization of appropriations 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. 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.