To authorize the Urban Areas Security Initiative Grants Program of the Department of Homeland Security, and for other purposes.

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.

Summary: Urban Area Security Initiative Grant Enhancement and Authorization Act of 2006 - Authorizes the Secretary of the Department of Homeland Security (DHS) to carry out an Urban Areas Security Initiative Grants Program, under which the Secretary may make grants: (1) to purchase equipment, conduct exercises, and provide training and technical assistance to state and local first responders and for facilities to provide training or assistance to responders; and (2) to provide reimbursement for specified expenses if 100 or more personnel in the relevant jurisdiction are dedicated exclusively to counterterrorism and intelligence activities.

Directs the Secretary to make such grants: (1) generally in accordance with the procedures, terms, and conditions under which grants were made under the program in FY2005; and (2) based solely on a quantitative assessment of the risk of a terrorist attack on high-threat, high-density urban areas that considers the threat of a terrorist attack to particular assets and the vulnerability of particular assets to, and the consequences of, such an attack.

Directs the Secretary, upon finding any problem in a grant application, to notify the applicant and provide an opportunity to correct it before making a grant. Makes: (1) fund allocations and grant approvals by the Secretary subject to modification by the President; and (2) provisions of the USA PATRIOT Act regarding the state and local domestic preparedness support grant program inapplicable.