Public Law 110-53, Section 2003

PUBLIC LAW 110-53-AUG. 3, 2007

IMPLEMENTING RECOMMENDATIONS OF THE

9/11 COMMISSION ACT OF 2007

121 STAT. 274

PUBLIC LAW 1l0-53-AUG. 3, 2007
"(4) Grants to protect critical infrastructure, including port
security grants authorized under section 70107 of title 46,
United States Code, and the grants authorized under title
XIV and XV of the Implementing Recommendations of the
9/11 Commission Act of 2007 and the amendments made by
such titles.
"(5) The Metropolitan Medical Response System authorized
under section 635 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 723).
"(6) The Interoperable Emergency Communications Grant
Program authorized under title XVIII.
"(7) Grant programs other than those administered by the
Department.
"(c) RELATIONSHIP TO OTHER LAWS.­
"(1) IN GENERAL.-The grant programs authorized under
sections 2003 and 2004 shall supercede all grant programs
authorized under section 1014 of the USA PATRIOT Act (42
U.S.C. 3714).
"(2) ALLocATIoN.-The allocation of grants authorized
under section 2003 or 2004 shall be governed by the terms
of this subtitle and not by any other provision of law.

6 USC 604.

"SEC. 2003. 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, 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 Adminis­
trator shall conduct an initial assessment of the relative
threat, vulnerability, and consequences from acts of ter­
rorism faced by each eligible metropolitan area, including
consideration of­
"(i) the factors set forth in subparagraphs (A)
through (H) and (K) of section 2007(a)( 1); and
"Oi) information and materials submitted under
subparagraph (B).
"(B) SUBMISSION OF INFORMATION BY ELIGIBLE METRO­
POLITAN AREAS.-Prior to conducting each initial assess­
ment under subparagraph (A), the Administrator shall pro­
vide each eligible metropolitan area with, and shall notify
each eligible metropolitan area of, the opportunity to­
"(i) submit information that the eligible metropoli­
tan area believes to be relevant to the determination
of the threat, vulnerability, and consequences it faces
from acts of terrorism; and
"Oi) review the risk assessment conducted by the
Department of that eligible metropolitan area,
including the bases for the assessment by the Depart­
ment of the threat, vulnerability, and consequences

PUBLIC LAW nO-53-AUG. 3, 2007

121 STAT. 275

from acts of terrorism faced by that eligible metropoli­
tan area, and remedy erroneous or incomplete informa­
tion.
"(3) DESIGNATION OF HIGH-RISK URBAN AREAS.­

"(A) DESIGNATION.­
"(i) IN GENERAL.-For each fiscal year, after con­
d ucting the initial assessment under paragraph (2),
and based on that assessment, the Administrator shall
designa te high-risk urban areas that may submit
applications for grants under this section.
"(ii) ADDITIONAL AREAS.-Notwithstanding para­
graph (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 Manage­
ment and Budget) designate more than 1 high­
risk urban area within a single eligible metropoli­
tan 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 Adminis­
trator 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 jurisdic­
tions to the high-risk urban area.
"(c) AI'PLICATION.­
"(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 applica­
tion for a grant under this section, a high-risk urban area
shall submit­
"(A) a plan describing the proposed division of respon­

sibilities 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

121 STAT. 276

Notification.

Deadline.

PUBLIC LAW 110-53-AUG. 3,2007
"(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 subpara­
graph (A), a State shall transmit the application to the
Department.
"(C) OPPORTUNITY FOR STATE COMMENT.-If the Gov­
ernor 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 rel­
evant 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 Adminis­
trator to be appropriate.

PUBLIC LAW 1l0-53-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 i\PPROPRlATIONS.-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) ESTABLlSHMENT.-There is established a State Homeland
Security Grant Program to assist State, local, and tribal govern­
ments in preventing, preparing for, protecting against, and
responding to acts of terrorism.
"(b) i\PPLICATION.­
"(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 Adminis­

trator 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;
"m) 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 APPLlCATIONS.-Applicants for grants under
this section shall apply or reapply on an annual basis.

"(c) DISTRIBUTION TO LOCAL Al'l'D 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 activi­
ties 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

6 USC 605,

Deadline,