SEC. 2008. [6 U.S.C. 609] USE OF FUNDS.

(a) Permitted Uses.--The Administrator shall permit the

recipient of a grant under section 2003 or 2004 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,

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 512 of this Act and section 648

of the Post-Katrina Emergency Management Reform Act of

2006 (6 U.S.C. 748);

(3) protecting a system or asset included on the

prioritized critical infrastructure list established

under section 210E(a)(2);

(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 210A(i);

(8) enhancing school preparedness;

(9) supporting public safety answering points;

(10) 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;

(11) paying expenses directly related to

administration of the grant, except that such expenses

may not exceed 3 percent of the amount of the grant;

(12) 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;

and

(13) any other appropriate activity, as determined

by the Administrator.

(b) Limitations on Use of Funds.--

(1) In general.--Funds provided under section 2003

or 2004 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 2003 or 2004 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 2003 or

2004, 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 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.

(4) Construction.--

(A) In general.--A grant awarded under

section 2003 or 2004 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 2003 or

2004 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 2003 or

2004 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

611(j)(9) of the Robert T.

Stafford Disaster Relief and

Emergency Assistance Act (42

U.S.C. 5196(j)(9)); 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 subtitle

may not be used for recreational or social purposes.

(c) Multiple-Purpose Funds.--Nothing in this subtitle shall

be construed to prohibit State, local, or tribal governments

from using grant funds under sections 2003 and 2004 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 2003 or 2004 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

subtitle. 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 2003 or 2004 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 2003 or

2004, 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.--If an applicant for a grant under

section 2003 or 2004 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 647 of the Post-

Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747),

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.

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