I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Urban Area Security 

5 Initiative Grant Enhancement and Authorization Act of 

6 2006’’. 

7 SEC. 2. FINDINGS. 

8 The Congress finds the following: 

9 (1) The High Threat Urban Areas program 

10 created under Public Law 108–7— 


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1 (A) was devised as an additional response 

2 to the Nunn-Lugar-Domenici Domestic Pre3 paredness Program created under title XIV of 

4 the National Defense Authorization Act of 1996 

5 (Public Law 104–201), in recognizing that cer6 tain large urban areas remain high threat tar7 gets and are inadequately prepared to respond 

8 to a weapon of mass destruction event; 

9 (B) addresses the unique equipment, train10 ing, planning and exercise needs of selected 

11 large high threat urban areas; and 

12 (C) has become known as the Urban Area 

13 Security Initiative. 

14 (2) The allocation of the funds available for fis15 cal year 2006 for the Urban Areas Security Initia16 tive grants program of the Department of Homeland 

17 Security does not reflect the original intent of the 

18 program. 

19 (3) The needs-based variable used in the fund20 ing formula for such allocation is not a proper risk21 based variable. 

22 (4) The allocation of funds for such program 

23 should be based solely on the risk of terrorist attack, 

24 and determined based solely on consideration of 


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1 threat of, vulnerabilities to, and consequence of such 

2 an attack. 

3 SEC. 3. AUTHORIZATION OF URBAN AREAS SECURITY INI4 TIATIVE GRANTS PROGRAM. 

5 (a) AUTHORIZATION.—The Secretary of Homeland 

6 Security may carry out an Urban Areas Security Initiative 

7 Grants Program (in this section referred to as the ‘‘Pro8 gram’’), under which the Secretary may make grants for 

9 the same purposes for which grants were made under such 

10 a program with amounts made available to the Depart11 ment of Homeland Security for fiscal year 2005. 

12 (b) USE OF GRANT.— 

13 (1) AUTHORIZED USES.—A grant under this 

14 section may be used— 

15 (A) to purchase equipment, to provide 

16 training, to conduct exercises, and to provide 

17 technical assistance to State and local first re18 sponders; 

19 (B) to construct, develop, expand, modify, 

20 operate, or improve facilities to provide training 

21 or assistance to State and local first responders, 

22 including construction relating to target hard23 ening, communications facilities, emergency 

24 command centers, or medical response facilities; 

25 and 


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1 (C) if 100 or more personnel in the rel2 evant jurisdiction are dedicated exclusively to 

3 counterterrorism and intelligence activities (in4 cluding detection of, collection and analysis of 

5 intelligence relating to, investigation of, preven6 tion of, and interdiction of suspected terrorist 

7 activities), to provide reimbursement, consistent 

8 with a State plan as approved by the Secretary, 

9 for expenses related to— 

10 (i) such personnel, including overtime 

11 pay; and 

12 (ii) units dedicated to such activities. 

13 (2) LIMITATION.— 

14 (A) IN GENERAL.—A grant under this sec15 tion may not be used to supplant State or local 

16 funds that have been obligated for homeland se17 curity or first responder-related projects. 

18 (B) MAINTENANCE OF EXPENDITURES

19 NOT REQUIRED.—The Secretary may not re20 quire an applicant for a grant under this sec21 tion to maintain a level of expenditure from 

22 year to year as a condition of a grant under 

23 this section 

24 (c) PROCEDURES, TERMS, AND CONDITIONS.— 


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1 (1) IN GENERAL.—Except as provided in this 

2 Act, the Secretary shall make grants under the Pro3 gram in accordance with the procedures, terms, and 

4 condition under which grants were made under such 

5 a program with amounts made available to the De6 partment of Homeland Security for fiscal year 2005. 

7 (2) GRANT BASIS.—The Secretary shall make 

8 grants under the Program based solely on a quan9 titative assessment of the risk of a terrorist attack 

10 on high-threat, high-density urban areas that con11 siders— 

12 (A) threat of a terrorist attack to par13 ticular assets; 

14 (B) vulnerability of particular assets to a 

15 terrorist attack; and 

16 (C) consequences of a terrorist attack. 

17 (d) NOTIFICATION OF GRANT APPLICANTS.—If the 

18 Secretary finds any problem in an application for a grant 

19 under the Program to be funded with amounts available 

20 for a fiscal year, the Secretary shall notify the applicant 

21 and provide the applicant an opportunity to correct such 

22 problem before making any grant with such amounts. 

23 (e) AUTHORITY OF PRESIDENT.—Any allocation by 

24 the Secretary of funds for grants under the Program, and 


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1 any approval by the Secretary of a grant under the Pro2 gram, is subject to modification by the President. 

3 (f) RELATIONSHIP TO OTHER LAW.—Section 1014 

4 of the USA PATRIOT Act (42 U.S.C. 3714) does not 

5 apply with respect to a grant under this section. 

Æ 


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