Homeland Security Act of 2002 Part 26

SEC. 2005. [6 U.S.C. 606] GRANTS TO DIRECTLY ELIGIBLE TRIBES.

(a) In General.--Notwithstanding section 2004(b), the Administrator may award grants to directly eligible tribes under section 2004.

(b) Tribal Applications.--A directly eligible tribe may apply for a grant under section 2004 by submitting an application to the Administrator that includes, as appropriate, the information required for an application by a State under section 2004(b).

(c) Consistency With State Plans.-- (1) In general.--To ensure consistency with any applicable State homeland security plan, a directly eligible tribe applying for a grant under section 2004 shall provide a copy of its application 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 support 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 directly eligible tribe is located of the approval of an application by the tribe.

(e) Prioritization.--The Administrator shall allocate funds to directly eligible tribes in accordance with the factors applicable to allocating funds among States under section 2007.

(f) Distribution of Awards to Directly Eligible Tribes.--If the Administrator awards funds to a directly eligible tribe under this section, the Administrator shall distribute the grant funds directly 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 fiscal year, directly eligible tribes collectively receive, from the funds appropriated for the State Homeland Security Grant Program established under section 2004, not less than an amount equal to 0.1 percent of the total funds appropriated for grants under sections 2003 and 2004.

(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 2004 shall designate an individual to serve as a tribal liaison with the Department and other Federal, State, local, and regional government officials concerning preventing, 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 2004 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 2004 to tribal governments in order to help those tribal communities achieve target capabilities not achieved through grants to directly eligible tribes.

(2) Distribution of grant funds.--With respect to a grant to a State under section 2004, 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 unduly burdensome requirements on an Indian tribe as a condition of providing the Indian tribe with grant funds or resources under section 2004.

(k) Rule of Construction.--Nothing in this section shall be construed to affect the authority of an Indian tribe that receives funds under this subt.i.tle.

SEC. 2006. [6 U.S.C. 607] TERRORISM PREVENTION.

(a) Law Enforcement Terrorism Prevention Program.-- (1) In general.--The Administrator shall ensure that not less than 25 percent of the total combined funds appropriated for grants under sections 2003 and 2004 is used for law enforcement terrorism prevention activities.

(2) Law enforcement terrorism prevention activities.--Law enforcement terrorism prevention activities include-- (A) information sharing and a.n.a.lysis; (B) target hardening; (C) threat recognition; (D) terrorist interdiction; (E) 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; (F) establis.h.i.+ng, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 210A(i); (G) paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence a.n.a.lysts; (H) any other activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the Law Enforcement Terrorism Prevention Program; and (I) any other terrorism prevention activity authorized by the Administrator.

(3) Partic.i.p.ation of underrepresented communities in fusion centers.--The Administrator shall ensure that grant funds described in paragraph (1) are used to support the partic.i.p.ation, as appropriate, of law enforcement and other emergency response providers from rural and other underrepresented 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 Directorate of the Department an Office for State and Local Law Enforcement, which shall be headed by an a.s.sistant Secretary for State and Local Law Enforcement.

(2) Qualifications.--The a.s.sistant Secretary for State and Local Law Enforcement shall have an appropriate background with experience in law enforcement, intelligence, and other counterterrorism functions.

(3) a.s.signment of personnel.--The Secretary shall a.s.sign to the Office for State and Local Law Enforcement permanent staff and, as appropriate and consistent with sections 506(c)(2), 821, and 888(d), other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this subsection.

(4) Responsibilities.--The a.s.sistant 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 responding to natural disasters, acts of terrorism, and other man-made disasters within 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 Intelligence and a.n.a.lysis to ensure the intelligence and information sharing requirements of State, local, and tribal law enforcement agencies are being addressed; (D) work with the Administrator to ensure that law enforcement and terrorism-focused grants to State, local, and tribal government agencies, including grants under sections 2003 and 2004, the Commercial Equipment Direct a.s.sistance Program, and other grants administered by the Department to support fusion centers and law enforcement-oriented programs, are appropriately focused on terrorism prevention activities; (E) coordinate with the Science and Technology Directorate, the Federal Emergency Management Agency, the Department of Justice, the National Inst.i.tute of Justice, law enforcement organizations, and other appropriate ent.i.ties to support the development, promulgation, and updating, as necessary, of national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers; and (F) conduct, jointly with the Administrator, a study to determine the efficacy and feasibility of establis.h.i.+ng specialized law enforcement deployment teams to a.s.sist 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 committees of Congress.

(5) Rule of construction.--Nothing in this subsection shall be construed to diminish, supercede, or replace the responsibilities, authorities, or role of the Administrator.

SEC. 2007. [6 U.S.C. 608] PRIORITIZATION.

(a) In General.--In allocating funds among States and high- risk urban areas applying for grants under section 2003 or 2004, 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 commuter populations; (B) its population density; (C) its history of threats, including whether it has been the target of a prior act of terrorism; (D) its degree of threat, vulnerability, and consequences related to critical infrastructure (for all critical infrastructure sectors) or key resources identified by the Administrator or the State homeland security plan, including threats, vulnerabilities, and consequences related to critical infrastructure or key resources in nearby jurisdictions; (E) the most current threat a.s.sessments available to the Department; (F) whether the State has, or the high-risk urban area is located at or near, an international 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 munic.i.p.alities, counties, parishes, and Indian tribes within the relevant eligible metropolitan area, the inclusion of which will enhance regional efforts to prevent, prepare for, protect against, and respond to acts of terrorism; 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 antic.i.p.ated effectiveness of the proposed 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 capabilities, and to otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation.

(b) Types of Threat.--In a.s.sessing threat under this section, the Administrator 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.

SEC. 2008. [6 U.S.C. 609] USE OF FUNDS.

(a) Permitted Uses.--The Administrator shall permit the recipient of a grant under section 2003 or 2004 to use grant funds to achieve target capabilities related 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 homeland security plans, through-- (1) developing and enhancing homeland security, emergency management, or other relevant plans, a.s.sessments, or mutual aid agreements; (2) designing, conducting, and evaluating training and exercises, including training and exercises conducted under section 512 of this Act and section 648 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748); (3) protecting a system or a.s.set included on the prioritized critical infrastructure list established under section 210E(a)(2); (4) purchasing, upgrading, storing, or maintaining equipment, including computer hardware and software; (5) ensuring operability and achieving interoperability 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 National Special Security Event; (7) establis.h.i.+ng, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 210A(i); (8) enhancing school preparedness; (9) supporting public safety answering points; (10) paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence a.n.a.lysts, regardless of whether such a.n.a.lysts are current or new full-time employees or contract employees; (11) paying expenses directly related to administration of the grant, except that such expenses may not exceed 3 percent of the amount of the grant; (12) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the State Homeland Security Grant Program, the Urban Area Security Initiative (including activities permitted under the full-time counterterrorism staffing pilot), or the Law Enforcement Terrorism Prevention Program; and (13) any other appropriate activity, as determined by the Administrator.

(b) Limitations on Use of Funds.-- (1) In general.--Funds provided under section 2003 or 2004 may not be used-- (A) to supplant State or local funds, except that nothing in this paragraph shall prohibit the use of grant funds provided to a State or high-risk urban area for otherwise permissible uses under subsection (a) on the basis that a State or high-risk urban area has previously used State or local funds to support the same or similar uses; or (B) for any State or local government cost- sharing contribution.

(2) Personnel.-- (A) In general.--Not more than 50 percent of the amount awarded to a grant recipient under section 2003 or 2004 in any fiscal year may be used to pay for personnel, including overtime and backfill costs, in support of the permitted uses under subsection (a).

(B) Waiver.--At the request of the recipient of a grant under section 2003 or 2004, the Administrator may grant a waiver of the limitation under subparagraph (A).

(3) Limitations on discretion.-- (A) In general.--With respect to the use of amounts awarded to a grant recipient under section 2003 or 2004 for personnel costs in accordance with paragraph (2) of this subsection, the Administrator may not-- (i) impose a limit on the amount of the award that may be used to pay for personnel, or personnel-related, costs that is higher or lower than the percent limit imposed in paragraph (2)(A); or (ii) impose any additional limitation on the portion of the funds of a recipient that may be used for a specific type, purpose, or category of personnel, or personnel-related, costs.

(B) a.n.a.lysts.--If amounts awarded to a grant recipient under section 2003 or 2004 are used for paying salary or benefits of a qualified intelligence a.n.a.lyst under subsection (a)(10), the Administrator shall make such amounts available without time limitations placed on the period of time that the a.n.a.lyst can serve under the grant.

(4) Construction.-- (A) In general.--A grant awarded under section 2003 or 2004 may not be used to acquire land or to construct buildings or other physical facilities.

(B) Exceptions.-- (i) In general.--Notwithstanding subparagraph (A), nothing in this paragraph shall prohibit the use of a grant awarded under section 2003 or 2004 to achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism, including through the alteration or remodeling of existing buildings for the purpose of making such buildings secure against acts of terrorism.

(ii) Requirements for exception.-- No grant awarded under section 2003 or 2004 may be used for a purpose described in clause (i) unless-- (I) specifically approved by the Administrator; (II) any construction work occurs under terms and conditions consistent with the requirements under section 611(j)(9) of the Robert T.

Stafford Disaster Relief and Emergency a.s.sistance Act (42 U.S.C. 5196(j)(9)); and (III) the amount allocated for purposes under clause (i) does not exceed the greater of $1,000,000 or 15 percent of the grant award.

(5) Recreation.--Grants awarded under this subt.i.tle may not be used for recreational or social purposes.

(c) Multiple-Purpose Funds.--Nothing in this subt.i.tle shall be construed to prohibit State, local, or tribal governments from using grant funds under sections 2003 and 2004 in a manner that enhances preparedness for disasters unrelated to acts of terrorism, if such use a.s.sists such governments in achieving target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism.

(d) Reimburs.e.m.e.nt of Costs.-- (1) Paid-on-call or volunteer reimburs.e.m.e.nt.--In addition to the activities described in subsection (a), a grant under section 2003 or 2004 may be used to provide a reasonable stipend to paid-on-call or volunteer emergency response providers who are not otherwise compensated for travel to or partic.i.p.ation in training or exercises related to the purposes of this subt.i.tle. Any such reimburs.e.m.e.nt shall not be considered compensation for purposes of rendering an emergency response provider an employee under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).

(2) Performance of federal duty.--An applicant for a grant under section 2003 or 2004 may pet.i.tion the Administrator to use the funds from its grants under those sections for the reimburs.e.m.e.nt of the cost of any activity relating to preventing, preparing for, protecting against, or responding to acts of terrorism that is a Federal duty and usually performed by a Federal agency, and that is being performed by a State or local government under agreement with a Federal agency.

(e) Flexibility in Unspent Homeland Security Grant Funds.-- Upon request by the recipient of a grant under section 2003 or 2004, the Administrator may authorize the grant recipient to transfer all or part of the grant funds from uses specified in the grant agreement to other uses authorized under this section, if the Administrator determines that such transfer is in the interests of homeland security.

(f) Equipment Standards.--If an applicant for a grant under section 2003 or 2004 proposes to upgrade or purchase, with a.s.sistance provided under that grant, new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under section 647 of the Post- Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747), the applicant shall include in its application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards.