Public Law 110-53, Section 2004

PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 277

‘‘(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.
‘‘SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.

‘‘(a) ESTABLISHMENT.—There is established a State Homeland
Security 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 Administrator may reasonably require.
‘‘(2) MINIMUM CONTENTS OF APPLICATION.—The Administrator shall require that each State include in its application,
at a minimum—
‘‘(A) the purpose for which the State seeks grant funds
and the reasons why the State needs the grant to meet
the target capabilities of that State;
‘‘(B) a description of how the State plans to allocate
the grant funds to local governments and Indian tribes;
and
‘‘(C) a budget showing how the State intends 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 tribal 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 period
under paragraph (1) for an additional period of time. The

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6 USC 605.

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121 STAT. 278

Administrator may approve such a request if the Administrator
determines that the resulting delay in providing grant funding
to the local and tribal governments is necessary to promote
effective investments 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 distribution 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 efforts 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 administering
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 appropriated for the State Homeland Security Grant Program established under this section, not less than an amount equal to—
‘‘(i) 0.375 percent of the total funds appropriated
for grants under this section and section 2003 in fiscal
year 2008;
‘‘(ii) 0.365 percent of the total funds appropriated
for grants under this section and section 2003 in fiscal
year 2009;
‘‘(iii) 0.36 percent of the total funds appropriated
for grants under this section and section 2003 in fiscal
year 2010;
‘‘(iv) 0.355 percent of the total funds appropriated
for grants under this section and section 2003 in fiscal
year 2011; and
‘‘(v) 0.35 percent of the total funds appropriated
for grants under this section and section 2003 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
established under this section, not less than an amount

Territories.

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121 STAT. 279

equal to 0.08 percent of the total funds appropriated for
grants under this section and section 2003.
‘‘(2) EFFECT OF MULTISTATE AWARD ON STATE MINIMUM.—
Any portion of a multistate award provided to a State under
subsection (d) shall be considered in calculating the minimum
State allocation 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.
‘‘SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.

6 USC 606.

‘‘(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

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Deadline.
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121 STAT. 280

PUBLIC LAW 110–53—AUG. 3, 2007

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 subtitle.
6 USC 607.

‘‘SEC. 2006. 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 analysis;
‘‘(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;

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