109th CONGRESS
2d Session
H. R. 5595
To authorize the Urban Areas Security Initiative Grants Program
of the Department of Homeland Security, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 13, 2006
Mr. FOSSELLA (for himself, Mr. CROWLEY, and Mr. REYNOLDS) introduced the
following bill; which was referred to the Committee on Homeland Security
A BILL
To authorize the Urban Areas Security Initiative Grants Program
of the Department of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Urban Area Security Initiative Grant Enhancement
and Authorization Act of 2006'.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The High Threat Urban Areas program created under Public Law 108-7--
(A) was devised as an additional response to the Nunn-Lugar-Domenici
Domestic Preparedness Program created under title XIV of the National
Defense Authorization Act of 1996 (Public Law 104-201), in recognizing
that certain large urban areas remain high threat targets and are inadequately
prepared to respond to a weapon of mass destruction event;
(B) addresses the unique equipment, training, planning and exercise
needs of selected large high threat urban areas; and
(C) has become known as the Urban Area Security Initiative.
(2) The allocation of the funds available for fiscal year 2006 for the
Urban Areas Security Initiative grants program of the Department of Homeland
Security does not reflect the original intent of the program.
(3) The needs-based variable used in the funding formula for such allocation
is not a proper risk-based variable.
(4) The allocation of funds for such program should be based solely on
the risk of terrorist attack, and determined based solely on consideration
of threat of, vulnerabilities to, and consequence of such an attack.
SEC. 3. AUTHORIZATION OF URBAN AREAS SECURITY INITIATIVE GRANTS PROGRAM.
(a) Authorization- The Secretary of Homeland Security may carry out an Urban
Areas Security Initiative Grants Program (in this section referred to as
the `Program'), under which the Secretary may make grants for the same purposes
for which grants were made under such a program with amounts made available
to the Department of Homeland Security for fiscal year 2005.
(1) AUTHORIZED USES- A grant under this section may be used--
(A) to purchase equipment, to provide training, to conduct exercises,
and to provide technical assistance to State and local first responders;
(B) to construct, develop, expand, modify, operate, or improve facilities
to provide training or assistance to State and local first responders,
including construction relating to target hardening, communications
facilities, emergency command centers, or medical response facilities;
and
(C) if 100 or more personnel in the relevant jurisdiction are dedicated
exclusively to counterterrorism and intelligence activities (including
detection of, collection and analysis of intelligence relating to, investigation
of, prevention of, and interdiction of suspected terrorist activities),
to provide reimbursement, consistent with a State plan as approved by
the Secretary, for expenses related to--
(i) such personnel, including overtime pay; and
(ii) units dedicated to such activities.
(A) IN GENERAL- A grant under this section may not be used to supplant
State or local funds that have been obligated for homeland security
or first responder-related projects.
(B) MAINTENANCE OF EXPENDITURES NOT REQUIRED- The Secretary may not
require an applicant for a grant under this section to maintain a level
of expenditure from year to year as a condition of a grant under this
section
(c) Procedures, Terms, and Conditions-
(1) IN GENERAL- Except as provided in this Act, the Secretary shall make
grants under the Program in accordance with the procedures, terms, and
condition under which grants were made under such a program with amounts
made available to the Department of Homeland Security for fiscal year
2005.
(2) GRANT BASIS- The Secretary shall make grants under the Program based
solely on a quantitative assessment of the risk of a terrorist attack
on high-threat, high-density urban areas that considers--
(A) threat of a terrorist attack to particular assets;
(B) vulnerability of particular assets to a terrorist attack; and
(C) consequences of a terrorist attack.
(d) Notification of Grant Applicants- If the Secretary finds any problem
in an application for a grant under the Program to be funded with amounts
available for a fiscal year, the Secretary shall notify the applicant and
provide the applicant an opportunity to correct such problem before making
any grant with such amounts.
(e) Authority of President- Any allocation by the Secretary of funds for
grants under the Program, and any approval by the Secretary of a grant under
the Program, is subject to modification by the President.
(f) Relationship to Other Law- Section 1014 of the USA PATRIOT Act (42 U.S.C.
3714) does not apply with respect to a grant under this section.
END
