6 Usc 603

6 USC 603.pdf

FEMA Preparedness Grants: Homeland Security Grant Program (HSGP)

6 USC 603

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§ 603

TITLE 6—DOMESTIC SECURITY
(II) that is located within 10 miles of a
system or asset included on the prioritized
critical infrastructure list established
under section 124l(a)(2) of this title or has
such a system or asset within its territory;
(III) that is located within or contiguous
to 1 of the 50 most populous metropolitan
statistical areas in the United States; or
(IV) the jurisdiction of which includes
not less than 1,000 square miles of Indian
country, as that term is defined in section
1151 of title 18; and
(iv) that certifies to the Secretary that a
State has not provided funds under section
604 or 605 of this title to the Indian tribe or
consortium of Indian tribes for the purpose
for which direct funding is sought; and

(B) a consortium of Indian tribes, if each
tribe satisfies the requirements of subparagraph (A).
(5) Eligible metropolitan area
The term ‘‘eligible metropolitan area’’
means any of the 100 most populous metropolitan statistical areas in the United States.
(6) High-risk urban area
The term ‘‘high-risk urban area’’ means a
high-risk urban area designated under section
604(b)(3)(A) of this title.
(7) Indian tribe
The term ‘‘Indian tribe’’ has the meaning
given that term in section 450b(e) of title 25.
(8) Metropolitan statistical area
The term ‘‘metropolitan statistical area’’
means a metropolitan statistical area, as defined by the Office of Management and Budget.
(9) National Special Security Event
The term ‘‘National Special Security Event’’
means a designated event that, by virtue of its
political, economic, social, or religious significance, may be the target of terrorism or other
criminal activity.
(10) Population
The term ‘‘population’’ means population
according to the most recent United States
census population estimates available at the
start of the relevant fiscal year.
(11) Population density
The term ‘‘population density’’ means population divided by land area in square miles.
(12) Qualified intelligence analyst
The term ‘‘qualified intelligence analyst’’
means an intelligence analyst (as that term is
defined in section 124h(j) of this title), including law enforcement personnel—
(A) who has successfully completed training to ensure baseline proficiency in intelligence analysis and production, as determined by the Secretary, which may include
training using a curriculum developed under
section 124f of this title; or
(B) whose experience ensures baseline proficiency in intelligence analysis and production equivalent to the training required
under subparagraph (A), as determined by
the Secretary.

Page 176

(13) Target capabilities
The term ‘‘target capabilities’’ means the
target capabilities for Federal, State, local,
and tribal government preparedness for which
guidelines are required to be established under
section 746(a) of this title.
(14) Tribal government
The term ‘‘tribal government’’ means the
government of an Indian tribe.
(Pub. L. 107–296, title XX, § 2001, as added Pub. L.
110–53, title I, § 101, Aug. 3, 2007, 121 Stat. 271.)
PART A—GRANTS TO STATES AND HIGH-RISK
URBAN AREAS
§ 603. Homeland security grant programs
(a) Grants authorized
The Secretary, through the Administrator,
may award grants under sections 604 and 605 of
this title to State, local, and tribal governments.
(b) Programs not affected
This part shall not be construed to affect any
of the following Federal programs:
(1) Firefighter and other assistance programs authorized under the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.).
(2) Grants authorized under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(3) Emergency Management Performance
Grants under the amendments made by title II
of the Implementing Recommendations of the
9/11 Commission Act of 2007.
(4) Grants to protect critical infrastructure,
including port security grants authorized
under section 70107 of title 46 and the grants
authorized under title 1 XIV and XV of the Implementing Recommendations of the 9/11 Commission Act of 2007 [6 U.S.C. 1131 et seq., 1151
et seq.] and the amendments made by such
titles.
(5) The Metropolitan Medical Response System authorized under section 723 of this title.
(6) The Interoperable Emergency Communications Grant Program authorized under
subchapter XIII.
(7) Grant programs other than those administered by the Department.
(c) Relationship to other laws
(1) In general
The grant programs authorized under sections 604 and 605 of this title shall supercede
all grant programs authorized under section
3714 of title 42.
(2) Allocation
The allocation of grants authorized under
section 604 or 605 of this title shall be governed
by the terms of this part and not by any other
provision of law.
(Pub. L. 107–296, title XX, § 2002, as added Pub. L.
110–53, title I, § 101, Aug. 3, 2007, 121 Stat. 273.)
REFERENCES IN TEXT
The Federal Fire Prevention and Control Act of 1974,
referred to in subsec. (b)(1), is Pub. L. 93–498, Oct. 29,
1 So

in original. Probably should be ‘‘titles’’.

Page 177

TITLE 6—DOMESTIC SECURITY

1974, 88 Stat. 1535, which is classified principally to
chapter 49 (§ 2201 et seq.) of Title 15, Commerce and
Trade. For complete classification of this Act to the
Code, see Short Title note set out under section 2201 of
Title 15 and Tables.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(2), is
Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42,
The Public Health and Welfare. For complete classification 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 Commission 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 Amendment note set out under section 101 of this title and
Tables.

§ 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, 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 eligi-

§ 604

ble 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 highrisk 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 highrisk 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 De-


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