Header:
UNITED STATES CODE SERVICE
TITLE 6. DOMESTIC SECURITY
CHAPTER 1. HOMELAND SECURITY ORGANIZATION
HOMELAND SECURITY GRANTS
GRANTS TO STATES AND HIGH-RISK URBAN AREAS
Date:
01/17/2012
Document:
§ 609. Use of funds
(a) Permitted uses. The Administrator shall permit the recipient of a grant under section 2003 or 2004 [6 USCS § 604 or 605] 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, assessments, or mutual aid agreements;
(2) designing, conducting, and evaluating training and exercises, including training and exercises conducted under section 512 of this Act [6 USCS § 321a] and section 648 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748);
(3) protecting a system or asset included on the prioritized critical infrastructure list established under section 210E(a)(2) [6 USCS § 124l(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) establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 210A(i) [6 USCS § 124h(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 analysts, regardless of whether such analysts 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 [6 USCS § 604 or 605] 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 [6 USCS § 604 or 605] 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 [6 USCS § 604 or 605], 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 [6 USCS § 604 or 605] 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) Analysts. If amounts awarded to a grant recipient under section 2003 or 2004 [6 USCS § 604 or 605] are used for paying salary or benefits of a qualified intelligence analyst under subsection (a)(10), the Administrator shall make such amounts available without time limitations placed on the period of time that the analyst can serve under the grant.
(4) Construction.
(A) In general. A grant awarded under section 2003 or 2004 [6 USCS § 604 or 605] 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 [6 USCS § 604 or 605] 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 [6 USCS § 604 or 605] 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 Assistance 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 subtitle [6 USCS §§ 603 et seq.] may not be used for recreational or social purposes.
(c) Multiple-purpose funds. Nothing in this subtitle [6 USCS §§ 603 et seq.] shall be construed to prohibit State, local, or tribal governments from using grant funds under sections 2003 and 2004 [6 USCS §§ 604 and 605] in a manner that enhances preparedness for disasters unrelated to acts of terrorism, if such use assists such governments in achieving target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism.
(d) Reimbursement of costs.
(1) Paid-on-call or volunteer reimbursement. In addition to the activities described in subsection (a), a grant under section 2003 or 2004 [6 USCS § 604 or 605] 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 participation in training or exercises related to the purposes of this subtitle [6 USCS §§ 603 et seq.]. Any such reimbursement 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 [6 USCS § 604 or 605] may petition the Administrator to use the funds from its grants under those sections for the reimbursement 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 [6 USCS § 604 or 605], 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 [6 USCS § 604 or 605] proposes to upgrade or purchase, with assistance 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.
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