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

submitted 19 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 1,124 words · no verdicts yet

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This section establishes the Urban Area Security Initiative and its grants for high-risk urban areas. It sets the assessment, application, State-review, distribution, accounting, and appropriation rules for those grants.

(a) Establishment.—The Urban Area Security Initiative is established to provide grants that help high-risk urban areas prevent, prepare for, protect against, and respond to terrorism. (b) Assessment and designation of high-risk urban areas.—(1) In general.—The Administrator must designate high-risk urban areas that may receive grants under procedures in this subsection. (2) Initial assessment.—(A) For each fiscal year, the Administrator must initially assess the relative terrorism threat, vulnerability, and consequences faced by each eligible metropolitan area. The assessment must consider: (i) the factors in section 608(a)(1)(A) through (H) and (K); and (ii) information and materials submitted under subparagraph (B). (B) Before each assessment, the Administrator must give each eligible metropolitan area notice of, and an opportunity to: (i) submit information the area believes is relevant to determining its terrorism threat, vulnerability, and consequences; and (ii) review the Department's risk assessment of the area, including the bases for the Department's assessment, and correct erroneous or incomplete information. (3) Designation.—(A)(i) For each fiscal year, after the initial assessment, the Administrator must designate high-risk urban areas that may apply for grants. (ii) Despite paragraph (2), the Administrator may: (I) designate more than one high-risk urban area within one eligible metropolitan area when that area has more than one metropolitan division, as defined by the Office of Management and Budget; and (II) designate an area that is not an eligible metropolitan area as high risk based on the Administrator's assessment of its relative terrorism threat, vulnerability, and consequences. (iii) This subsection does not require the Administrator to: (I) designate every eligible metropolitan area that submits information under paragraph (2)(B)(i); or (II) include every area within an eligible metropolitan area in the high-risk urban area. (B)(i) When designating high-risk urban areas, the Administrator must decide which jurisdictions must at least be included in each one. (ii) A designated high-risk urban area may, after consulting the State or States where it is located, add jurisdictions. (c) Application.—(1) A designated high-risk urban area may apply for a grant. (2) The application must include: (A) a plan describing how local and tribal governments in the area will divide responsibilities and distribute funding; (B) the name of a person who will act as liaison with the Department and among the area's jurisdictions; and (C) information the Administrator reasonably requires to support the application. (3) Applicants must apply or reapply every year. (4)(A) To ensure consistency with State homeland-security plans, the area must send its application to every State containing any part of the area for review before sending it to the Department. (B) Within 30 days after receiving the application, each State must send it to the Department. (C) If a Governor decides the application conflicts with the State homeland-security plan or otherwise does not support it, the Governor must: (i) notify the Administrator in writing; and (ii) explain why when sending the application. (5) Before making final awards, the Administrator must give applicants a reasonable chance to correct application defects, if any. (d) Distribution of awards.—(1) If the Administrator approves an area's application, the Administrator must distribute the grant money to the State or States where the area is located. (2)(A) Within 45 days after receiving the money, each State must give the awarded area at least 80 percent of it. Money the State keeps must be spent on items, services, or activities benefiting the area. (B) The State must give each relevant area an accounting of the items, services, or activities paid for with money it kept. (3) If the awarded area lies in two or more States, the Administrator must give each State: (A) the portion proposed in the application; or (B) if the States have not agreed, the portion the Administrator decides is appropriate. (4) A State receiving grant money must certify to the Administrator that it made the required money available to the applicable area. (e) Authorization of appropriations.—The following amounts are authorized to be appropriated for grants: (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) whatever sums are necessary for fiscal year 2013 and each later fiscal year.

the actual law source: uscode.house.gov ↗public domain
(a) Establishment

There is established an Urban Area Security Initiative to provide grants to assist high-risk urban areas in preventing, preparing for, protecting against, and responding to acts of terrorism.

(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 section based on procedures under this subsection.

(2) Initial assessment
(A) In general

For each fiscal year, the Administrator shall conduct an initial assessment of the relative threat, vulnerability, and consequences 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 assessment under subparagraph (A), the Administrator shall provide each eligible metropolitan 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, vulnerability, and consequences it faces from acts of terrorism; and

(ii)

review the risk assessment conducted by the Department of that eligible metropolitan area, including the bases for the assessment by the Department of the threat, vulnerability, and consequences from acts of terrorism faced by that eligible metropolitan area, and remedy erroneous 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 Administrator shall designate high-risk urban areas that may submit applications for grants under this section.

(ii) Additional areas

Notwithstanding paragraph (2), the Administrator may—

(I)

in any case where an eligible metropolitan area consists of more than 1 metropolitan division (as that term is defined by the Office of Management and Budget) designate more than 1 high-risk urban area within a single eligible metropolitan area; and

(II)

designate an area that is not an eligible 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.

(iii) Rule of construction

Nothing in this subsection may be construed to require the Administrator to—

(I)

designate all eligible metropolitan areas that submit information to the Administrator under paragraph (2)(B)(i) as high-risk urban areas; or

(II)

designate all areas within an eligible 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 section, a high-risk urban area shall submit—

(A)

a plan describing the proposed division of responsibilities and distribution of funding 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 Department and among the various jurisdictions in the high-risk urban area; and

(C)

such information in support of the application as the Administrator may reasonably 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 homeland 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 transmit 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 security 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, before making final awards.

(d) Distribution of awards
(1) In general

If the Administrator approves the application 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 retained 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 subparagraph (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 distribute to each such State—

(A)

a portion of the grant funds in accordance 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 appropriate.

(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 Administrator that the State has made available to the applicable high-risk urban area the required 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.

Source credit: (Pub. L. 107–296, title XX, § 2003, as added Pub. L. 110–53, title I, § 101, Aug. 3, 2007, 121 Stat. 274.)

history & why it existsrecord from the source credit
  • 2007Enacted · Pub. L. 107-296 · 121 Stat. 274

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2007-08-03.

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