407 
12510.
Accountability. 
12511.
Identification of reporting redundancies and development of performance metrics. 
§ 12501. Definitions 
In this chapter: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Admin-
istrator of the Federal Emergency Management Agency. 
(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appro-
priate committees of Congress’’ means— 
(A) the Committee on Homeland Security and Governmental 
Affairs of the Senate; and 
(B) those committees of the House of Representatives that the 
Speaker of the House of Representatives determines appropriate. 
(3) CRITICAL INFRASTRUCTURE SECTORS.—The term ‘‘critical infra-
structure sectors’’ means the following sectors, in both urban and rural 
areas: 
(A) Agriculture and food. 
(B) Banking and finance. 
(C) Chemical industries. 
(D) Commercial facilities. 
(E) Commercial nuclear reactors, materials, and waste. 
(F) Dams. 
(G) The defense industrial base. 
(H) Emergency services. 
(I) Energy. 
(J) Government facilities. 
(K) Information technology. 
(L) National monuments and icons. 
(M) Postal and shipping. 
(N) Public health and health care. 
(O) Telecommunications. 
(P) Transportation systems. 
(Q) Water. 
(4) DIRECTLY ELIGIBLE TRIBE.—The term ‘‘directly eligible tribe’’ 
means— 
(A) an Indian tribe— 
(i) that is located in the continental United States; 
(ii) that operates a law enforcement or emergency response 
agency with the capacity to respond to calls for law enforce-
ment or emergency services; 
(iii) that— 
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408 
(I) is located on or near an international border or a 
coastline bordering an ocean (including the Gulf of Mex-
ico) or international waters; 
(II) is located within 10 miles of a system or asset in-
cluded on the prioritized critical infrastructure list estab-
lished under section 10516(a)(2) of this title or has such 
a system or asset within its territory; 
(III) is located within or contiguous to one of the 50 
most populous metropolitan statistical areas in the 
United States; or 
(IV) has jurisdiction over not less than 1,000 square 
miles of Indian country, as that term is defined in sec-
tion 1151 of title 18; and 
(iv) that certifies to the Secretary that a State has not pro-
vided funds under section 12503 or 12504 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 re-
quirements of subparagraph (A). 
(5) ELIGIBLE METROPOLITAN AREA.—The term ‘‘eligible metropoli-
tan 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 12503(b)(3)(A) 
of this title. 
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given 
the term in section 4(e) of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b(e)). 
(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 Spe-
cial Security Event’’ means a designated event that, by virtue of its po-
litical, economic, social, or religious significance, may be the target of 
terrorism or other criminal activity. 
(10) POPULATION.—The term ‘‘population’’ means population ac-
cording 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. 
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(12) QUALIFIED INTELLIGENCE ANALYST.—The term ‘‘qualified in-
telligence analyst’’ means an intelligence analyst (as that term is de-
fined in section 10512(a) of this title), including law enforcement per-
sonnel— 
(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 10510 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. 
(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 20506 of this title. 
(14) TRIBAL GOVERNMENT.—The term ‘‘tribal government’’ means 
the government of an Indian tribe. 
§ 12502. Homeland security grant programs 
(a) GRANTS AUTHORIZED.—The Secretary, acting through the Adminis-
trator, may award grants under sections 12503 and 12504 of this title to 
State, local, and tribal governments. 
(b) PROGRAMS NOT AFFECTED.—This chapter 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 amend-
ments made by title II of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (Public Law 110–53, 121 Stat. 294). 
(4) Grants to protect critical infrastructure, including port security 
grants authorized under section 70107 of title 46, and grants author-
ized under titles XIV and XV of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (Public Law 110–53, 121 Stat. 
400, 422) and the amendments made by those titles. 
(5) The Metropolitan Medical Response System authorized under 
section 20304 of this title. 
(6) The Interoperable Emergency Communications Grant Program 
authorized under section 12109 of this title. 
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(7) Grant programs other than those administered by the Depart-
ment. 
(c) RELATIONSHIP TO OTHER LAWS.— 
(1) IN GENERAL.—The grant programs authorized under sections 
12503 and 12504 of this title supersede all grant programs authorized 
under section 1014 of the USA PATRIOT Act (42 U.S.C. 3714). 
(2) ALLOCATION.—The allocation of grants authorized under sec-
tions 12503 and 12504 of this title is governed by the terms of this 
chapter and not by any other provision of law. 
§ 12503. Urban Area Security Initiative 
(a) ESTABLISHMENT.—There is in the Department the Urban Area Secu-
rity Initiative to provide grants to assist high-risk urban areas in pre-
venting, preparing for, protecting against, and responding to acts of ter-
rorism. 
(b) ASSESSMENT AND DESIGNATION OF HIGH-RISK URBAN AREAS.— 
(1) IN GENERAL.—The Secretary 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 Secretary shall con-
duct an initial assessment of the relative threat, vulnerability, and 
consequences from acts of terrorism faced by each eligible metro-
politan area, including consideration of— 
(i) the factors set forth in subparagraphs (A) through (H) 
and (K) of section 12507(a)(1) of this title; and 
(ii) information and materials submitted under subpara-
graph (B). 
(B) SUBMISSION OF INFORMATION BY ELIGIBLE METROPOLITAN 
AREAS.—Prior to conducting each initial assessment under sub-
paragraph (A), the Secretary shall provide each eligible metropoli-
tan 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, vul-
nerability, and consequences it faces from acts of terrorism; 
and 
(ii) review the risk assessment conducted by the Depart-
ment of that eligible metropolitan area, including the bases 
for the assessment by the Department of the threat, vulner-
ability, and consequences from acts of terrorism faced by that 
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eligible metropolitan area, and remedy erroneous or incom-
plete information. 
(3) DESIGNATION OF HIGH-RISK URBAN AREAS.— 
(A) IN GENERAL.— 
(i) DESIGNATION.—For each fiscal year, after conducting 
the initial assessment under paragraph (2), and based on that 
assessment, the Secretary shall designate high-risk urban 
areas that may submit applications for grants under this sec-
tion. 
(ii) EXCEPTIONS.—Notwithstanding paragraph (2), the 
Secretary may— 
(I) in any case where an eligible metropolitan area 
consists of more than one metropolitan division (as that 
term is defined by the Office of Management and Budg-
et) designate more than one high-risk urban area within 
a single eligible metropolitan area; and 
(II) designate an area that is not an eligible metropoli-
tan area as a high-risk urban area based on the assess-
ment by the Secretary of the relative threat, vulner-
ability, and consequences from acts of terrorism faced by 
the area. 
(iii) SECRETARY NOT REQUIRED TO DESIGNATE ALL ELIGI-
BLE AREAS AS HIGH-RISK URBAN AREAS.—Nothing in this 
subsection may be construed to require the Secretary to— 
(I) designate all eligible metropolitan areas that sub-
mit information to the Secretary 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) BY SECRETARY.—In designating high-risk urban areas 
under subparagraph (A), the Secretary shall determine which 
jurisdictions, at a minimum, shall be included in each high- 
risk urban area. 
(ii) BY HIGH-RISK URBAN AREA.—A high-risk urban area 
designated by the Secretary may, in consultation with the 
State or States in which the high-risk 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. 
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(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 govern-
ments in the high-risk urban area; 
(B) the name of an individual to serve as a high-risk urban area 
liaison with the Department and among the various jurisdictions 
in the high-risk urban area; and 
(C) information in support of the application the Secretary may 
reasonably require. 
(3) ANNUAL APPLICATIONS.—Applicants for grants under this sec-
tion shall apply or reapply on an annual basis. 
(4) STATE REVIEW AND TRANSMISSION.— 
(A) IN GENERAL.—To ensure consistency with State homeland 
security plans, a high-risk urban area applying for a grant under 
this section shall submit its application to each State within which 
any part of that high-risk urban area is located for review before 
submission of the application to the Department. 
(B) DEADLINE.—Not later than 30 days after receiving an ap-
plication from a high-risk urban area under subparagraph (A), a 
State shall transmit the application to the Department. 
(C) OPPORTUNITY FOR STATE COMMENT.—If the Governor of 
a State determines that an application of a high-risk urban area 
is inconsistent with the State homeland security plan of that 
State, or otherwise does not support the application, the Governor 
shall— 
(i) notify the Secretary, in writing, of that fact; and 
(ii) provide an explanation of the reason for not supporting 
the application at the time of transmission of the application. 
(5) OPPORTUNITY
TO
AMEND.—In considering applications for 
grants under this section, the Secretary shall provide applicants with 
a reasonable opportunity to correct defects in the application, if any, 
before making final awards. 
(d) DISTRIBUTION OF AWARDS.— 
(1) IN GENERAL.—If the Secretary approves the application of a 
high-risk urban area for a grant under this section, the Secretary shall 
distribute the grant funds to the State or States in which that high- 
risk urban area is located. 
(2) STATE DISTRIBUTION OF FUNDS.— 
(A) IN GENERAL.—Not later than 45 days after the date that 
a State receives grant funds under paragraph (1), that State shall 
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provide the high-risk urban area awarded that grant not less than 
80 percent of the grant funds. Any funds retained by a State shall 
be expended on items, services, or activities that benefit the high- 
risk urban area. 
(B) FUNDS RETAINED.—A State shall provide each relevant 
high-risk urban area with an accounting of the items, services, or 
activities on which any funds retained by the State under subpara-
graph (A) were expended. 
(3) INTERSTATE URBAN AREAS.—If parts of a high-risk urban area 
awarded a grant under this section are located in 2 or more States, 
the Secretary shall distribute to each State— 
(A) a portion of the grant funds in accordance with the pro-
posed distribution set forth in the application; or 
(B) if no agreement on distribution has been reached, a portion 
of the grant funds determined by the Secretary to be appropriate. 
(4) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS 
TO HIGH-RISK URBAN AREAS.—A State that receives grant funds under 
paragraph (1) shall certify to the Secretary that the State has made 
available to the applicable high-risk urban area the required funds 
under paragraph (2). 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 
appropriated for grants under this section such sums as may be necessary. 
§ 12504. State Homeland Security Grant Program 
(a) ESTABLISHMENT.—There is in the Department a State Homeland Se-
curity Grant Program to assist State, local, and tribal governments in pre-
venting, preparing for, protecting against, and responding to acts of ter-
rorism. 
(b) APPLICATION.— 
(1) IN GENERAL.—Each State may apply for a grant under this sec-
tion, and shall submit information in support of the application that 
the Secretary may reasonably require. 
(2) MINIMUM CONTENTS OF APPLICATION.—The Secretary shall re-
quire that each State include in its application, at a minimum— 
(A) the purpose for which the State seeks grant funds and the 
reasons why the State needs the grant to meet the target capabili-
ties of that State; 
(B) a description of how the State plans to allocate the grant 
funds to local governments and Indian tribes; and 
(C) a budget showing how the State intends to expend the grant 
funds. 
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(3) ANNUAL APPLICATIONS.—Applicants for grants under this sec-
tion shall apply or reapply on an annual basis. 
(c) DISTRIBUTION TO LOCAL AND TRIBAL GOVERNMENTS.— 
(1) IN GENERAL.—Not later than 45 days after receiving grant 
funds, any State receiving a grant under this section shall make avail-
able to local and tribal governments, consistent with the applicable 
State homeland security plan— 
(A) not less than 80 percent of the grant funds; 
(B) with the consent of local and tribal governments, items, 
services, or activities having a value of not less than 80 percent 
of the amount of the grant; or 
(C) with the consent of local and tribal governments, grant 
funds combined with other items, services, or activities having a 
total value of not less than 80 percent of the amount of the grant. 
(2) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS 
TO LOCAL GOVERNMENTS.—A State shall certify to the Secretary that 
the State has made the distribution to local and tribal governments re-
quired under paragraph (1). 
(3) EXTENSION OF PERIOD.—The Governor of a State may request 
in writing that the Secretary extend the period under paragraph (1) 
for an additional period of time. The Secretary may approve a request 
if the Secretary determines that the resulting delay in providing grant 
funding to the local and tribal governments is necessary to promote ef-
fective investments to prevent, prepare for, protect against, or respond 
to acts of terrorism. 
(4) EXCEPTION.—Paragraph (1) does not apply to the District of 
Columbia, Puerto Rico, American Samoa, the Northern Mariana Is-
lands, Guam, or the Virgin Islands. 
(5) DIRECT FUNDING.—If a State fails to make the distribution to 
local or tribal governments required under paragraph (1) in a timely 
fashion, a local or tribal government entitled to receive the distribution 
may petition the Secretary to request that grant funds be provided di-
rectly to the local or tribal government. 
(d) MULTISTATE APPLICATIONS.— 
(1) IN GENERAL.—Instead of, or in addition to, any application for 
a grant under subsection (b), 2 or more States may submit an applica-
tion for a grant under this section in support of multistate efforts to 
prevent, prepare for, protect against, and respond to acts of terrorism. 
(2) ADMINISTRATION OF GRANT.—If a group of States applies for 
a grant under this section, the States shall submit to the Secretary at 
the time of application a plan describing— 
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(A) the division of responsibilities for administering the grant; 
and 
(B) the distribution of funding among the States that are par-
ties to the application. 
(e) MINIMUM ALLOCATION.— 
(1) IN GENERAL.—In allocating funds under this section, the Sec-
retary shall ensure that— 
(A) except as provided in subparagraph (B), each State receives 
for each fiscal year, from the funds appropriated for the State 
Homeland Security Grant Program established under this section, 
not less than 0.35 percent of the total funds appropriated for 
grants under this section and section 12503 of this title; and 
(B) for each fiscal year, American Samoa, the Northern Mar-
iana Islands, Guam, and the Virgin Islands each receive, from the 
funds appropriated for the State Homeland Security Grant Pro-
gram established under this section, not less than an amount 
equal to 0.08 percent of the total funds appropriated for grants 
under this section and section 12503 of this title. 
(2) EFFECT OF MULTISTATE AWARD ON STATE MINIMUM.—Any por-
tion of a multistate award provided to a State under subsection (d) 
shall be considered in calculating the minimum State allocation under 
this subsection. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 
appropriated for grants under this section such sums as may be necessary. 
§ 12505. Grants to directly eligible tribes 
(a) IN GENERAL.—Notwithstanding section 12504(b) of this title, the 
Secretary, acting through the Administrator, may award grants to directly 
eligible tribes under section 12504. 
(b) TRIBAL APPLICATIONS.—A directly eligible tribe may apply for a 
grant under section 12504 of this title by submitting an application to the 
Secretary that includes, as appropriate, the information required for an ap-
plication by a State under section 12504(b). 
(c) CONSISTENCY WITH STATE PLANS.— 
(1) IN GENERAL.—To ensure consistency with any applicable State 
homeland security plan, a directly eligible tribe applying for a grant 
under section 12504 of this title shall provide a copy of its application 
to each State within which any part of the tribe is located for review 
before the tribe submits the application to the Department. 
(2) OPPORTUNITY FOR COMMENT.—If the Governor of a State deter-
mines that the application of a directly eligible tribe is inconsistent 
with the State homeland security plan of that State, or otherwise does 
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