Text: H.R.5595 — 109th Congress (2005-2006)All Information (Except Text)

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Introduced in House (06/13/2006)


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.

(b) Use of grant.—

(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.

(2) LIMITATION.—

(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.