Amendments to

Section 1014 of the USA PATRIOT Act (42 U.S.C. 3711) is amended to read as follows:

1014.

Grant program for State and local domestic preparedness support

(a)

In general

The Secretary of Homeland Security shall make a grant each fiscal year to each State for use, in conjunction with units of local government, to enhance the capability of State and local jurisdictions to prepare for and respond to terrorist acts including events of terrorism involving weapons of mass destruction and biological, nuclear, radiological, incendiary, chemical, and explosive devices. (b)

Use of grant amounts

(1)

In general

Grants under this section may be used for any project that was eligible for a grant under any of the programs referred to in paragraph (2) made with amounts available for fiscal year 2006, including (as authorized by such program)— (A)to purchase needed equipment and to provide training and technical assistance to State and local first responders; and (B)to construct, develop, expand, modify, operate, or improve facilities to provide training or assistance to State and local first responders. (2)

Covered programs

The programs referred to in paragraph (1) are the following: (A)The State Homeland Security Grants program of the Department of Homeland Security carried out with amounts appropriated for the Office for Domestic Preparedness by title III of the Department of Homeland Security Appropriations Act, 2006 under paragraph (1) under the heading State and local programs (119 Stat. 2075). (B)The Urban Area Security Initiative of the Department of Homeland Security carried out with amounts appropriated for the Office for Domestic Preparedness by title III of the Department of Homeland Security Appropriations Act, 2006 under paragraph (2)(A) under the heading State and local programs (119 Stat. 2075). (c)

Terms and conditions

Except as otherwise provided in this section, a grant under this section for a project referred to in subsection (b)(1) shall be made under the same conditions, restrictions, and other terms that would apply if the grant were made under the program referred to in subsection (b)(2) with respect to the project. (d)

Urban Area Security Initiative grants

(1)

Purpose

A grant under this section for a project that was eligible under the Urban Area Security Initiative referred to in subsection (b)(2) (in this subsection referred to as a UASI grant) shall be used by a high threat, high density urban area, in conjunction with units of local government, for the purpose of enhancing the capability of State and local jurisdictions to deter, prepare for, and respond to terrorist acts including catastrophic terrorist attacks involving chemical, biological, radiological or nuclear weapons (in this subsection referred to as CBRN). (2)

Authorized uses

A UASI grant may be used in accordance with this Act solely— (A)to purchase equipment, to provide training, to conduct exercises, to provide technical assistance to State and local first responders, and to analyze intelligence information; (B)to construct, modify, or operate a facility in major metropolitan areas that is designated by an appropriate State and the Secretary of Homeland Security as a critical homeland security emergency operation node; and (C)for CBRN terrorist prevention and deterrence activities, including to pay full-time (including over-time) salaries of sworn law enforcement officers who work exclusively on intelligence collection, analysis, and prevention activities. (3)

Allocation on basis of threat, vulnerability, and consequences

The Secretary may allocate funds for UASI grants based on— (A)a quantitative assessment of— (i)the threats addressed by a grant; (ii)the vulnerability off persons and critical infrastructure to such threats; and (iii)the economic consequences if a CBRN attack occurs; and (B)the sustainability and effectiveness of the activities to be carried out with a grant, except that the weight given to determinations under this subparagraph may not exceed 10 percent of the total of the weight given to all factors considered in awarding UASI grants. (4)

Priority for past cooperation

In awarding UASI grants, the Secretary shall give priority to grant applications from persons who demonstrate past patterns of cooperation in preventing CBRN attacks, among a minimum of 3 municipalities in regions or States that adjoin the area where activities will be carried out with the grants. (5)

Limitations on eligibility of municipalities

(A)

prior receipt of grant

(i)

Eligibility requirement

A municipality shall not be eligible for a UASI grant for a fiscal year unless the municipality received such a grant for the preceding fiscal year. (ii)

Limitation on application of requirement

Clause (i) shall not apply with respect to a municipality if the Secretary determines, based on consideration of threat, vulnerability, and consequence, that the municipality faces a greater threat of attack by terrorism than such threat faced by a recipient of a UASI grant for the preceding fiscal year. (B)

eligibility based on threat, vulnerability, and consequence

A municipality may not be determined to be eligible or ineligible for a UASI grant except on the basis of threat, vulnerability, and consequence. (C)

number

The number of municipalities treated as eligible for a UASI grant may not exceed 47. (D)

Sustainability and effectiveness

For purposes of paragraph (3)(B), activities proposed to be carried out with a UASI grant to a municipality— (i)shall not be considered sustainable unless the amount expended by the municipality during the 2 full fiscal years preceding the award of the grant to support full-time homeland security preparedness averaged at least $50,000,000 per fiscal year; and (ii)shall not be considered effective unless the municipality demonstrates its ability to utilize equipment, technology, or intelligence received from the Federal Government on a 24-hours-per-day and 7-days-per-week basis. (e)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated to the Secretary of Homeland Security carry out this section such sums as necessary for each of fiscal years 2007 through 2011. (2)

Limitations

Of the amount made available to carry out this section for any fiscal year, not more than 3 percent may be used by the Secretary for salaries and administrative expenses. (3)

Minimum amount

(A)

In general

Except as provided in subparagraph (B), each State shall be allocated in each fiscal year under this section not less than 0.25 percent of the total amount appropriated for the fiscal year for grants under this section. (B)

Territories

Each of the United States Virgin Islands, America Samoa, Guam, and the Northern Mariana Islands shall be allocated in each fiscal year under this section not less than 0.08 percent of the total amount appropriated for the fiscal year for grants under this section.