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Title 6 — Domestic Security

Part A · Chapter 1 — Homeland Security Organization

§ 609. Use of funds

Statutory text

(a)

Permitted uses

The Administrator shall permit the recipient of a grant under section 604 or 605 of this title to use grant funds to achieve target capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism, consistent with a State homeland security plan and relevant local, tribal, and regional homeland security plans, including by working in conjunction with a National Laboratory (as defined in section 15801(3) of title 42), through—

(1)

developing and enhancing homeland security, emergency management, or other relevant plans, assessments, or mutual aid agreements;

(2)

designing, conducting, and evaluating training and exercises, including training and exercises conducted under section 321a of this title and section 748 of this title;

(3)

protecting a system or asset included on the prioritized critical infrastructure list established under section 664(a)(2) of this title;

(4)

purchasing, upgrading, storing, or maintaining equipment, including computer hardware and software;

(5)

ensuring operability and achieving interoperability of emergency communications;

(6)

responding to an increase in the threat level under the Homeland Security Advisory System, or to the needs resulting from a National Special Security Event;

(7)

establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 124h(i) of this title;

(8)

enhancing school preparedness;

(9)

enhancing the security and preparedness of secure and nonsecure areas of eligible airports and surface transportation systems;

(10)

supporting public safety answering points;

(11)

paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts, regardless of whether such analysts are current or new full-time employees or contract employees;

(12)

paying expenses directly related to administration of the grant, except that such expenses may not exceed 3 percent of the amount of the grant;

(13)

any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the State Homeland Security Grant Program, the Urban Area Security Initiative (including activities permitted under the full-time counterterrorism staffing pilot), or the Law Enforcement Terrorism Prevention Program;

(14)

migrating any online service (as defined in section 3 of the DOTGOV Online Trust in Government Act of 2020) 1 to the .gov internet domain; and

(15)

any other appropriate activity, as determined by the Administrator.

(b)

Limitations on use of funds

(1)

In general

Funds provided under section 604 or 605 of this title may not be used—

(A)

to supplant State or local funds, except that nothing in this paragraph shall prohibit the use of grant funds provided to a State or high-risk urban area for otherwise permissible uses under subsection (a) on the basis that a State or high-risk urban area has previously used State or local funds to support the same or similar uses; or

(B)

for any State or local government cost-sharing contribution.

(2)

Personnel

(A)

In general

Not more than 50 percent of the amount awarded to a grant recipient under section 604 or 605 of this title in any fiscal year may be used to pay for personnel, including overtime and backfill costs, in support of the permitted uses under subsection (a).

(B)

Waiver

At the request of the recipient of a grant under section 604 or 605 of this title, the Administrator may grant a waiver of the limitation under subparagraph (A).

(3)

Limitations on discretion

(A)

In general

With respect to the use of amounts awarded to a grant recipient under section 604 or 605 of this title for personnel costs in accordance with paragraph (2) of this subsection, the Administrator may not—

(i)

impose a limit on the amount of the award that may be used to pay for personnel, or personnel-related, costs that is higher or lower than the percent limit imposed in paragraph (2)(A); or

(ii)

impose any additional limitation on the portion of the funds of a recipient that may be used for a specific type, purpose, or category of personnel, or personnel-related, costs.

(B)

Analysts

If amounts awarded to a grant recipient under section 604 or 605 of this title are used for paying salary or benefits of a qualified intelligence analyst under subsection (a)(10),1 the Administrator shall make such amounts available without time limitations placed on the period of time that the analyst can serve under the grant.

(4)

Construction

(A)

In general

A grant awarded under section 604 or 605 of this title may not be used to acquire land or to construct buildings or other physical facilities.

(B)

Exceptions

(i)

In general

Notwithstanding subparagraph (A), nothing in this paragraph shall prohibit the use of a grant awarded under section 604 or 605 of this title to achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism, including through the alteration or remodeling of existing buildings for the purpose of making such buildings secure against acts of terrorism.

(ii)

Requirements for exception

No grant awarded under section 604 or 605 of this title may be used for a purpose described in clause (i) unless—

(I)

specifically approved by the Administrator;

(II)

any construction work occurs under terms and conditions consistent with the requirements under section 5196(j)(9) of title 42; and

(III)

the amount allocated for purposes under clause (i) does not exceed the greater of $1,000,000 or 15 percent of the grant award.

(5)

Recreation

Grants awarded under this part may not be used for recreational or social purposes.

(c)

Multiple-purpose funds

Nothing in this part shall be construed to prohibit State, local, or tribal governments from using grant funds under sections 604, 605, and 609a of this title in a manner that enhances preparedness for disasters unrelated to acts of terrorism, if such use assists such governments in achieving target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism.

(d)

Reimbursement of costs

(1)

Paid-on-call or volunteer reimbursement

In addition to the activities described in subsection (a), a grant under section 604 or 605 of this title may be used to provide a reasonable stipend to paid-on-call or volunteer emergency response providers who are not otherwise compensated for travel to or participation in training or exercises related to the purposes of this part. Any such reimbursement shall not be considered compensation for purposes of rendering an emergency response provider an employee under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).

(2)

Performance of Federal duty

An applicant for a grant under section 604 or 605 of this title may petition the Administrator to use the funds from its grants under those sections for the reimbursement of the cost of any activity relating to preventing, preparing for, protecting against, or responding to acts of terrorism that is a Federal duty and usually performed by a Federal agency, and that is being performed by a State or local government under agreement with a Federal agency.

(e)

Flexibility in unspent homeland security grant funds

Upon request by the recipient of a grant under section 604, 605, or 609a of this title, the Administrator may authorize the grant recipient to transfer all or part of the grant funds from uses specified in the grant agreement to other uses authorized under this section, if the Administrator determines that such transfer is in the interests of homeland security.

(f)

Equipment standards

(1)

Application requirement

If an applicant for a grant under section 604 or 605 of this title proposes to upgrade or purchase, with assistance provided under that grant, new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under section 747 of this title, the applicant shall include in its application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards.

(2)

Review process

The Administrator shall implement a uniform process for reviewing applications that, in accordance with paragraph (1), contain explanations to use grants provided under section 604 or 605 of this title to purchase equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under section 747 of this title.

(3)

Factors

In carrying out the review process under paragraph (2), the Administrator shall consider the following:

(A)

Current or past use of proposed equipment or systems by Federal agencies or the Armed Forces.

(B)

The absence of a national voluntary consensus standard for such equipment or systems.

(C)

The existence of an international consensus standard for such equipment or systems, and whether such equipment or systems meets such standard.

(D)

The nature of the capability gap identified by the applicant and how such equipment or systems will address such gap.

(E)

The degree to which such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed existing consensus standards.

(F)

Any other factor determined appropriate by the Administrator.

(g)

Review process

The Administrator shall implement a uniform process for reviewing applications to use grants provided under section 604 or 605 of this title to purchase equipment or systems not included on the Authorized Equipment List maintained by the Administrator.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Homeland Security Act of 2002

    Pub. L. 107–296 title XX § 2008 · 116 Stat. 2135

    Enacted · 6 U.S.C. § 609

    Pub. L. 107–296, title XX, § 2008, as added Pub. L. 110–53, title I, § 101, Aug. 3, 2007, 121 Stat. 283

    Source evidence

    Code source credit
    Pub. L. 107–296, title XX, § 2008, as added Pub. L. 110–53, title I, § 101, Aug. 3, 2007, 121 Stat. 283

  2. Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008

    Pub. L. 110–412 § 2(1)(A) · 122 Stat. 4336

    Substituted · 6 U.S.C. § 609(a)

    Pub. L. 110–412, § 2(1)(A), substituted “The Administrator shall permit the recipient of a grant under section 604 or 605 of this title to use grant funds” for “Grants awarded under section 604 or 605 of this title may be used” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–412, § 2(1)(A), substituted “The Administrator shall permit the recipient of a grant under section 604 or 605 of this title to use grant funds” for “Grants awarded under section 604 or 605 of this title may be used” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by striking “Grants” and all that follows through “used” and inserting the following: “The Administrator shall permit the recipient of a grant under section 2003 or 2004 to use grant funds”; and

  3. Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008

    Pub. L. 110–412 § 2(1)(B) · 122 Stat. 4336

    Inserted · 6 U.S.C. § 609(a)(10)

    Pub. L. 110–412, § 2(1)(B), inserted “, regardless of whether such analysts are current or new full-time employees or contract employees” after “analysts”

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 110–412, § 2(1)(B), inserted “, regardless of whether such analysts are current or new full-time employees or contract employees” after “analysts”.

    Enacted provision · exact public law section
    (B) in paragraph (10), by inserting “, regardless of whether such analysts are current or new full-time employees or contract employees” after “analysts”; and

  4. Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008

    Pub. L. 110–412 § 2(2) · 122 Stat. 4336

    1. Added · 6 U.S.C. § 609(b)(3)(5)

      Pub. L. 110–412, § 2(2), added par. (3)

    2. Redesignated · 6 U.S.C. § 609(b)(3)(5)

      Pub. L. 110–412, § 2(2), redesignated former pars. (3) and (4) as (4) and (5), respectively

    Source evidence

    Code amendment note
    Subsec. (b)(3) to (5). Pub. L. 110–412, § 2(2), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: “(3) Limitations on discretion.— “(A) In general.— With respect to the use of amounts awarded to a grant recipient under section 2003 or 2004 for personnel costs in accordance with paragraph (2) of this subsection, the Administrator may not— “(i) impose a limit on the amount of the award that may be used to pay for personnel, or personnel-related, costs that is higher or lower than the percent limit imposed in paragraph (2)(A); or “(ii) impose any additional limitation on the portion of the funds of a recipient that may be used for a specific type, purpose, or category of personnel, or personnel-related, costs. “(B) Analysts.— If amounts awarded to a grant recipient under section 2003 or 2004 are used for paying salary or benefits of a qualified intelligence analyst under subsection (a)(10), the Administrator shall make such amounts available without time limitations placed on the period of time that the analyst can serve under the grant.” .

  5. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016

    Pub. L. 114–113 div. M title VII § 711 · 129 Stat. 2242

    Inserted · 6 U.S.C. § 609(a)

    Pub. L. 114–113 inserted “including by working in conjunction with a National Laboratory (as defined in section 15801(3) of title 42),” after “plans,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 114–113 inserted “including by working in conjunction with a National Laboratory (as defined in section 15801(3) of title 42),” after “plans,” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 711. In the case of each program established or amended by the Agricultural Act of 2014 (Public Law 113–79), other than by title I or subtitle A of title III of such Act, or programs for which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation— (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i); and (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section.

  6. Aviation Security Act of 2016

    Pub. L. 114–190 title III § 3603 · 130 Stat. 615

    1. Added · 6 U.S.C. § 609(a)(9)(14)

      Pub. L. 114–190 added par. (9)

    2. Redesignated · 6 U.S.C. § 609(a)(9)(14)

      Pub. L. 114–190 redesignated former pars. (9) to (13) as (10) to (14), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(9) to (14). Pub. L. 114–190 added par. (9) and redesignated former pars. (9) to (13) as (10) to (14), respectively.

    Enacted provision · exact public law section
    SEC. 3603. ASSISTANCE TO AIRPORTS AND SURFACE TRANSPORTATION SYSTEMS.   Subsection (a) of section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is amended— (1) by redesignating paragraphs (9) through (13) as paragraphs (10) through (14), respectively; and (2) by inserting after paragraph (8) the following new paragraph: “(9) enhancing the security and preparedness of secure and nonsecure areas of eligible airports and surface transportation systems;” .

  7. Cybersecurity and Infrastructure Security Agency Act of 2018

    Pub. L. 115–278 § 2(g)(7)(B) · 132 Stat. 4168

    Substituted · 6 U.S.C. § 609(a)(3)

    Pub. L. 115–278 substituted “section 664(a)(2) of this title” for “section 124l(a)(2) of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 115–278 substituted “section 664(a)(2) of this title” for “section 124l(a)(2) of this title”.

    Enacted provision · exact public law section
    (B) in section 2008(a)(3) (6 U.S.C. 609(a)(3)), by striking “section 210E(a)(2)” and inserting “section 2214(a)(2)”; and

  8. Consolidated Appropriations Act, 2021

    Pub. L. 116–260 div. U title IX § 904(c) · 134 Stat. 1182

    1. Added · 6 U.S.C. § 609(a)(14); 6 U.S.C. § 609(a)(15)

      Pub. L. 116–260 added par. (14)

    2. Redesignated · 6 U.S.C. § 609(a)(14); 6 U.S.C. § 609(a)(15)

      Pub. L. 116–260 redesignated former par. (14) as (15)

    Source evidence

    Code amendment note
    Subsec. (a)(14), (15). Pub. L. 116–260 added par. (14) and redesignated former par. (14) as (15).

    Enacted provision · exact public law section
    (c) Regulations Required.— (1) In general.— Not later than 60 days after the date of the enactment of this Act, the Commission shall promulgate regulations to implement this section. (2) Comment periods.— As part of the rulemaking under paragraph (1), the Commission shall— (A) provide a 20-day public comment period that begins not later than 5 days after the date of the enactment of this Act; (B) provide a 20-day public reply comment period that immediately follows the period under subparagraph (A); and (C) during the comment periods under subparagraphs (A) and (B), seek comment on— (i) the provision of assistance from the Emergency Broadband Connectivity Fund established in subsection (i) consistent with this section; and (ii) other related matters.

  9. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 § 7101(c)(1) · 136 Stat. 2395

    Substituted · 6 U.S.C. § 609(c)

    Pub. L. 117–263, § 7101(c)(1), substituted “sections 604, 605, and 609a of this title” for “sections 604 and 605 of this title”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 117–263, § 7101(c)(1), substituted “sections 604, 605, and 609a of this title” for “sections 604 and 605 of this title”.

    Enacted provision · exact public law section
    (1) in subsection (c) by striking “sections 2003 and 2004” and inserting “sections 2003, 2004, and 2009”; and

  10. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 § 7101(c)(2) · 136 Stat. 2395

    Substituted · 6 U.S.C. § 609(e)

    Pub. L. 117–263, § 7101(c)(2), substituted “section 604, 605, or 609a of this title” for “section 604 or 605 of this title”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 117–263, § 7101(c)(2), substituted “section 604, 605, or 609a of this title” for “section 604 or 605 of this title”.

    Enacted provision · exact public law section
    (2) in subsection (e), by striking “section 2003 or 2004” and inserting “section 2003, 2004, or 2009”.

  11. Pub. L. 118–165 § 2(a)(1) · 138 Stat. 2581

    1. Amended · 6 U.S.C. § 609(f)

      Pub. L. 118–165, § 2(a)(1), designated existing provisions as par. (1)

    2. Inserted · 6 U.S.C. § 609(f)

      Pub. L. 118–165, § 2(a)(1), inserted heading

    3. Added · 6 U.S.C. § 609(f)

      Pub. L. 118–165, § 2(a)(1), added pars. (2) and (3)

    Unresolved: Pub. L. 118–165 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 118–165, § 2(a)(1), designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).

  12. Pub. L. 118–165 § 2(a)(2) · 138 Stat. 2581

    Added · 6 U.S.C. § 609(g)

    Pub. L. 118–165, § 2(a)(2), added subsec. (g)

    Unresolved: Pub. L. 118–165 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 118–165, § 2(a)(2), added subsec. (g).

12 of 17 references resolved to an enrolled provision · 1 partial · 4 unresolved

Editorial Notes

References in Text

Section 3 of the DOTGOV Online Trust in Government Act of 2020, referred to in subsec. (a)(14), probably means section 903 of title IX of div. U of Pub. L. 116–260, which defines “online service” and is set out as a note under section 665 of this title.

Subsection (a)(10), referred to in subsec. (b)(3)(B), was redesignated subsec. (a)(11) by Pub. L. 114–190, title III, § 3603(1), , 130 Stat. 665.

The Fair Labor Standards Act of 1938, referred to in subsec. (d)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

Amendments2008–2024 · 7 rounds

2024

Subsec. (f). Pub. L. 118–165, § 2(a)(1), designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).

Subsec. (g). Pub. L. 118–165, § 2(a)(2), added subsec. (g).

2022

Subsec. (c). Pub. L. 117–263, § 7101(c)(1), substituted “sections 604, 605, and 609a of this title” for “sections 604 and 605 of this title”.

Subsec. (e). Pub. L. 117–263, § 7101(c)(2), substituted “section 604, 605, or 609a of this title” for “section 604 or 605 of this title”.

2020

Subsec. (a)(14), (15). Pub. L. 116–260 added par. (14) and redesignated former par. (14) as (15).

2018

Subsec. (a)(3). Pub. L. 115–278 substituted “section 664(a)(2) of this title” for “section 124l(a)(2) of this title”.

2016

Subsec. (a)(9) to (14). Pub. L. 114–190 added par. (9) and redesignated former pars. (9) to (13) as (10) to (14), respectively.

2015

Subsec. (a). Pub. L. 114–113 inserted “including by working in conjunction with a National Laboratory (as defined in section 15801(3) of title 42),” after “plans,” in introductory provisions.

2008

Subsec. (a). Pub. L. 110–412, § 2(1)(A), substituted “The Administrator shall permit the recipient of a grant under section 604 or 605 of this title to use grant funds” for “Grants awarded under section 604 or 605 of this title may be used” in introductory provisions.

Subsec. (a)(10). Pub. L. 110–412, § 2(1)(B), inserted “, regardless of whether such analysts are current or new full-time employees or contract employees” after “analysts”.

Subsec. (b)(3) to (5). Pub. L. 110–412, § 2(2), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

Credits

2007–2024 · 8 acts
  1. 2007Pub. L. 107–296, title XX, § 2008, as added Pub. L. 110–53, title I, § 101, , 121 Stat. 283
  2. 2008amended Pub. L. 110–412, § 2, , 122 Stat. 4336
  3. 2015Pub. L. 114–113, div. M, title VII, § 711, , 129 Stat. 2934
  4. 2016Pub. L. 114–190, title III, § 3603, , 130 Stat. 665
  5. 2018Pub. L. 115–278, § 2(g)(7)(B), , 132 Stat. 4180
  6. 2020Pub. L. 116–260, div. U, title IX, § 904(c), , 134 Stat. 2302
  7. 2022Pub. L. 117–263, div. G, title LXXI, § 7101(c), , 136 Stat. 3619
  8. 2024Pub. L. 118–165, § 2(a), , 138 Stat. 2581.
Show as published

(Pub. L. 107–296, title XX, § 2008, as added Pub. L. 110–53, title I, § 101, , 121 Stat. 283; amended Pub. L. 110–412, § 2, , 122 Stat. 4336; Pub. L. 114–113, div. M, title VII, § 711, , 129 Stat. 2934; Pub. L. 114–190, title III, § 3603, , 130 Stat. 665; Pub. L. 115–278, § 2(g)(7)(B), , 132 Stat. 4180; Pub. L. 116–260, div. U, title IX, § 904(c), , 134 Stat. 2302; Pub. L. 117–263, div. G, title LXXI, § 7101(c), , 136 Stat. 3619; Pub. L. 118–165, § 2(a), , 138 Stat. 2581.)

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