U.S. DEPARTMENT OF HOMELAND SECURITY FISCAL YEAR 2009 HOMELAND SECURITY GRANT PROGRAM GUIDANCE AND APPLICATION KIT NOVEMBER 2008 U.S. DEPARTMENT OF HOMELAND SECURITY Title of Opportunity: FY 2009 Homeland Security Grant Program (HSGP) Funding Opportunity Number: DHS-09-GPD-067-1958 Federal Agency Name: FEMA Grant Programs Directorate (GPD) Announcement Type: Initial Dates: Completed applications must be submitted no later than 11:59 PM EDT, March 20, 2009. Additional overview information: The Fiscal Year (FY) 2009 HSGP contains significant improvements based upon continued outreach to HSGP stakeholders and partners. In addition, the risk assessments that form the basis for eligibility under HSGP have been maintained and refined. Following are some of the key changes impacting FY 2009 HSGP as compared to previous year programs. HSGP Priorities Priorities for this year continue to further narrow the focus through the risk-based funding and the capability-based planning process that DHS began four years ago. FY 2009 HSGP will focus on the following objectives as its highest priorities. Priorities for all programs in HSGP: • Addressing Capability Requirements and Measuring Progress in Achieving the National Preparedness Guidelines • National Priority: Strengthen Planning and Citizen Preparedness Capabilities - Strengthening Preparedness Planning SHSP Priorities: • National Priority: Strengthen Information Sharing and Collaboration Capabilities - Maximizing Information Sharing via the National Network of Fusion Centers • National Priority: Strengthen Medical Surge and Mass Prophylaxis -Developing and Enhancing Health and Medical Readiness and Preparedness Capabilities UASI Priorities: • National Priority: Strengthen Chemical, Biological, Radiological/Nuclear, and Explosive (CBRNE) Detection, Response, and Decontamination Capabilities Strengthening IED Attack Deterrence, Prevention, and Protection Capabilities • National Priority: Strengthen Chemical, Biological, Radiological/Nuclear, and Explosive (CBRNE) Detection, Response, and Decontamination Capabilities Strengthen Preventive Radiological/Nuclear Detection Capabilities • National Priority: Strengthen Information Sharing and Collaboration Capabilities - Maximizing Information Sharing via the National Network of Fusion Centers i • National Priority: Strengthen Medical Surge and Mass Prophylaxis -Developing and Enhancing Health and Medical Readiness and Preparedness Capabilities Law Enforcement Terrorism Prevention Activities Priorities: • National Priority: Strengthen Chemical, Biological, Radiological/Nuclear, and Explosive (CBRNE) Detection, Response, and Decontamination Capabilities Strengthening IED Attack Deterrence, Prevention, and Protection Capabilities • National Priority: Strengthen Chemical, Biological, Radiological/Nuclear, and Explosive (CBRNE) Detection, Response, and Decontamination Capabilities Strengthen Preventive Radiological/Nuclear Detection Capabilities • National Priority: Strengthen Information Sharing and Collaboration Capabilities - Maximizing Information Sharing via the National Network of Fusion Centers At least 25 percent of FY 2009 HSGP funding (State Homeland Security Program [SHSP], Urban Areas Security Initiative [UASI], Metropolitan Medical Response System [MMRS], and Citizen Corps Program [CCP]) must be collectively allocated to the Strengthening Preparedness Planning Priority noted above through planning, training and exercise activities (see Part I for additional information). HSGP Allocation Methodology In FY 2009, DHS is providing all States and Urban Areas with targeted allocations based on the Department’s relative risk assessment in advance of the Investment Justifications for SHSP and UASI funding. The purpose of this information is to increase grantee program management effectiveness by identifying funding availability in the initial stages of the grant process as well as to increase grantee accountability. States and Urban Areas should focus their Investments based on the targeted allocation and submit applications for up to 110 percent of the targeted allocation. Subsequently, when determining the final allocation, DHS may increase or decrease the targeted SHSP and UASI allocations by up to 10 percent based on the results of the effectiveness analysis (see Part II for additional information). Optional Cost Share In FY 2009, there is an optional cost share that will provide a bonus in the effectiveness analysis (see Investment Justification Outline in Part IV.B for additional information). Personnel Costs As directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412), all personnel and personnel-related costs, including those for intelligence analysts, are allowed up to 50 percent of SHSP and UASI funding without time limitation placed on the period of time that such personnel can serve under the grant. These guidelines are not retroactive to previous fiscal years of HSGP funding (see Part IV.E.4 for additional information). ii Critical Emergency Supplies In furtherance of DHS’ mission, critical emergency supplies, such as shelf stable food products, water, and basic medical supplies are an allowable expense under SHSP. Prior to allocating grant funding for stockpiling purposes, each State must have FEMA’s approval of a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning (see Part VI.B.5.13 for additional information). iii CONTENTS Contents........................................................................................................................ 1 Part I. FUNDING OPPORTUNITY DESCRIPTION......................................................... 2 Part II. AWARD INFORMATION .................................................................................. 19 Part III. ELIGIBILITY INFORMATION .......................................................................... 26 A. Eligible Applicants................................................................................. 26 B. Cost Sharing .......................................................................................... 26 C. Restrictions ............................................................................................ 26 Part IV. APPLICATION AND SUBMISSION INFORMATION ...................................... 27 A. Address to Request Application Package ........................................... 27 B. Content and Form of Application ......................................................... 27 C. Submission Dates and Times ............................................................... 33 D. Intergovernmental Review .................................................................... 34 E. Funding Restrictions............................................................................. 34 F. Other Submission Requirements ......................................................... 42 Part V. APPLICATION REVIEW INFORMATION ........................................................ 44 A. Review Criteria....................................................................................... 44 B. Review and Selection Process ............................................................. 44 C. Anticipated Announcement and Award Dates .................................... 45 Part VI. AWARD ADMINISTRATION INFORMATION.................................................46 A. Notice of Award ..................................................................................... 46 B. Administrative and National Policy Requirements ............................. 47 C. Reporting Requirements ....................................................................... 55 Part VII. FEMA CONTACTS.........................................................................................59 Part VIII. OTHER INFORMATION – HSGP Allowable Costs ..................................... 63 1 PART I. FUNDING OPPORTUNITY DESCRIPTION The Homeland Security Grant Program (HSGP) is comprised of four interconnected grant programs: • State Homeland Security Program (SHSP) • Urban Areas Security Initiative (UASI) • Metropolitan Medical Response System (MMRS) • Citizen Corps Program (CCP) The HSGP is one tool among a comprehensive set of measures authorized by Congress and implemented by the Administration to help strengthen the Nation against risks associated with potential terrorist attacks. The purpose of this package is to provide: (1) an overview of the HSGP and (2) the formal grant guidance and application materials needed to apply for funding under the program. The package outlines DHS management requirements for implementation of a successful application. The package also reflects changes called for in the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 11053) (hereafter “9/11 Act”) and the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (Public Law 110-329). Table 1 provides a quick overview of the programs included in FY 2009 HSGP. Table 1. FY 2009 Homeland Security Grant Program Overview FY 2009 HSGP Program Overview State Homeland Security Program (SHSP) SHSP supports the implementation of State Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs for acts of terrorism and other catastrophic events. In addition, SHSP supports the implementation of the National Preparedness Guidelines, the National Incident Management System (NIMS), and the National Response Framework (NRF). Urban Areas Security Initiative (UASI) Program UASI program funds address the unique planning, organization, equipment, training, and exercise needs of high-threat, high-density Urban Areas, and assist them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. 2 FY 2009 HSGP Program Overview Metropolitan Medical Response System (MMRS) Program The MMRS program supports the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard. Successful MMRS grantees reduce the consequences of a mass casualty incident during the initial period of a response by having augmented existing local operational response systems before the incident occurs. Citizen Corps Program (CCP) The Citizen Corps mission is to bring community and government leaders together to coordinate the involvement of community members and organizations in emergency preparedness, planning, mitigation, response, and recovery. Federal Investment Strategy The HSGP is an important part of the Administration’s larger, coordinated effort to strengthen homeland security preparedness. The HSGP implements objectives addressed in a series of post-9/11 laws, strategy documents, plans, and Homeland Security Presidential Directives (HSPDs). DHS expects our State, local, and tribal partners – including recipients of HSGP grants – to be familiar with this national preparedness architecture and to incorporate elements of this architecture into their planning, operations and investments. Additional information may be found at: http://www.dhs.gov/xprepresp/publications. Funding Priorities Based upon ongoing intelligence analysis, extensive security reviews, and Congressional direction, DHS has once again focused the bulk of its available grant dollars on risk-based investment. Risk will be evaluated at the Federal level using a risk analysis model developed by DHS in conjunction with other Federal entities. Risk is defined as the product of three principal variables: • Threat – the likelihood of an attack occurring • Vulnerability – the relative exposure to an attack • Consequence – the expected impact of an attack The risk model used to allocate HSGP funds considers the potential risk of terrorism to people, critical infrastructure, and economic security to estimate the relative risk of terrorism faced by a given area. In evaluating risk, DHS considers the populations in a particular area that could be at risk, the concentration of people in the area, and specific characteristics of their location that might contribute to risk, such as Intelligence Community assessments of threat, proximity to nationally critical infrastructure, and the economic impact of an attack. In considering threat, DHS uses the Intelligence Community’s best assessment of areas of the country and potential targets most likely to be attacked. For vulnerability and consequence, DHS 3 considers the expected impact and consequences of successful attacks occurring in specific areas to people, the economy, nationally critical infrastructure, and national security facilities. DHS places a very high priority on ensuring that all HSGP applications reflect robust regional coordination and demonstrate an investment strategy that institutionalizes regional integration. This priority is a core component in the Department’s statewide grant programs and UASI. HSGP Priorities Priorities for this year continue to further narrow the focus through the risk-based funding and the capability-based planning process that DHS began four years ago. FY 2009 HSGP will focus on the following objectives as its highest priorities. 1. Addressing Capability Requirements and Measuring Progress in Achieving the National Preparedness Guidelines. DHS will continue in FY 2009 to tie together the performance of preparedness programs (via grants, training, exercises, technical assistance, planning, etc.) with established priorities and objectives of the National Preparedness Guidelines, target capabilities, and joint Federal-State assessments. The preparedness cycle allows for adjustments based upon evolving risks and capabilities. The Target Capability List (TCL) Implementation Project is in the process of updating target capabilities into usable frameworks with performance classes and objectives to guide evaluations and assessments. The Comprehensive Assessment System (CAS) is under development to assess compliance with the broad national preparedness system as described under Subtitle C of the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295) (PKEMRA), including NIMS, the NRF, the TCL, and the performance of training, exercises, and operations. Measuring Progress: As part of the FY 2009 HSGP Investment Justifications, applicants are also asked to establish specific capability-based outcomes associated with all proposed Investments. Proposals should be aligned with the National Priorities of the National Preparedness Guidelines and must outline measurable outcomes that will be tracked and accomplished during implementation. Grantees should reference the TCL, dated September 2007, the supplemental Target Capability Implementation Frameworks, where appropriate, and applicable national plans and strategies to develop concrete, measurable outcomes, and milestones, while preserving the necessary flexibility to meet unique State and Urban Area operational requirements outlined in their SPR or Urban Area homeland security strategy. After funds are awarded, grantees are required to report on progress made toward achieving the identified outcomes for each Investment as part of the regular grant reporting process. Performance measure data submitted through grant reporting will be reviewed and validated through programmatic monitoring by DHS. 4 These outcomes should support both capability development and strategic, operational, and tactical-level planning. For interoperable emergency communications-related Investments, applicants should demonstrate how the outcomes support implementation of their respective Statewide Communication Interoperability Plan (SCIP) and align to the objectives of the National Emergency Communications Plan (NECP).1 The outcomes should include a minimum number of quantitative and qualitative measures necessary to demonstrate achievement with regard to developing and enhancing health and medical readiness and preparedness capabilities. These measures should be drawn, where applicable, from the TCL and from supplemental Target Capability Implementation Frameworks. 2. National Priority: Strengthen Planning and Citizen Preparedness Capabilities. Strengthening Preparedness Planning. This provision also supports the Planning Annex to HSPD-8, National Preparedness. State and local jurisdictions must engage in comprehensive national and regional planning processes that seek to enhance emergency management capabilities through strengthened national and regional relationships and the allocation of resources toward preparedness planning. As indicated in the Planning Annex, coordinated, comprehensive plans should be developed that cover prevention, protection, and response activities for specific planning scenarios. In order to develop these plans, applicants are strongly encouraged to develop plans in a manner consistent with the principles and doctrine outlined in Comprehensive Preparedness Guide 101, Producing Emergency Plans: A Guide for All-Hazard Operations Planning for State, territorial, Local and Tribal Governments (Interim). However, within these plans, specific activities may be implemented in support of the following areas: • Linking operational needs identified in plans to resource allocation. Applicants should use grant funds to institutionalize a capabilities-based planning process that defines, documents, analyzes, adjusts, and approves capability requirements that drive resource allocation. • Fixing shortcomings in existing plans. Areas of paramount concern are: Mass Evacuation and Sheltering, with particular emphasis on 1 The FY 2007 HSGP required States to develop and submit a Statewide Communication Interoperability Plan (SCIP). All SCIPs were approved by DHS in April 2008. The National Emergency Communications Plan (NECP), which was informed by the SCIPs, is available at: www.dhs.gov/xnews/releases/pr_1217529182375.shtm. 5 Regional Operations planning, special needs populations2 and citizen preparedness; Statewide Communication Interoperability Plans and Tactical Interoperable Communications Plans; Logistics planning; Resource/Commodity Management, with particular emphasis on National Incident Management System (NIMS); standardized mechanisms and processes to describe, inventory, mobilize, dispatch, track, and recover resources over both the lifecycle and regional or national scope of an incident, taking into account both at-risk and host jurisdictions/states; CIKR Protection, with particular emphasis on Explosive Device Response Operations; Hazard Identification and Risk Assessment; Health and Medical Services for Catastrophic Events; and long term recovery. Once these shortcomings have been addressed, they should be integrated into capabilities-based plans that address all hazards and all threats. Additional shortcomings should be identified by the applicant in addition to these requirements as warranted. • Building regional planning processes and planning communities. The primary focus is to establish processes for planning, preparedness, data exchange, and operational resource and asset management among regional planning partners. Activities should ensure that preparedness planning networks are fully integrated with other key planning efforts such as Continuity of Operation Plans (COOP), Area Maritime Security Plans (AMSPs) for port areas and Buffer Zone Plans (BZPs) for CIKR resources, and community preparedness planning conducted by governmental and non-governmental entities through the Citizen Corps Council. This should include drawing clear linkages in an appendix or annex to emergency operations plans as appropriate. Additionally, applicants should clearly address the linkages between Fusion Centers and the State Emergency Operations Centers and develop the necessary protocols and procedures to ensure connectivity and support, as appropriate. • Enhancing continuity of operations planning. Applicants should leverage HSGP funding to establish effective continuity plans and programs in an effort to enhance the ongoing delivery of essential functions by State, local and tribal governments during all hazards. Actionable measurable items include developing staffing and guidance based on continuity priorities from the National Continuity Programs Directorate and described in the National Continuity Policy Implementation Plan (NCPIP). Measurable items include: providing State, territorial, and local government continuity testing, training, and exercises; offering continuity planning and program guidance; conducting continuity education and outreach; providing mechanisms and make available annual meetings for State and local continuity working groups or other 2 See CPG-301: Emergency Management Planning Guide for Special Needs Populations as a reference in addressing this issue. 6 forums; offering and/or providing continuity guidance and outreach through State and/or territorial Continuity Working Groups (CWGs); and providing guidance and offer assistance, as required, to conduct and/or support train-the-trainer continuity courses for State, territorial, and local governments. • Including the private sector in preparedness planning activities. States and Urban Areas should include private sector entities in their preparedness planning process, building public-private partnerships where appropriate to more effectively prevent, protect against, respond to, and recover from major events. In particular, States and Urban Areas should engage with private sector entities as provisions for the voluntary private sector preparedness, accreditation, and certification program called for in the 9/11 Act are finalized in order to ensure that personnel have a comprehensive understanding of preparedness capabilities residing in their region. 3. National Priority: Strengthen Chemical, Biological, Radiological/Nuclear, and Explosive (CBRNE) Detection, Response, and Decontamination Capabilities. Strengthening IED Attack Deterrence, Prevention, and Protection Capabilities. This priority supports the policy outlined in HSPD-19, Combating Terrorist Use of Explosives in the United States, by emphasizing the need for States and Urban Areas to take a more proactive approach to reducing the threat of a terrorist explosive attack. This year’s priority is expanded to include capabilities in support of existing national protocols intended to promote early detection, identification, or interdiction of CBRN material which may be used in combination with explosives to create enhanced weapons such as a radiological dispersal device (RDD). States and Urban Areas should continue progress from 2008 by implementing programs to enhance public and private sector IED awareness and reducing critical infrastructure/key resource (CIKR) and soft target explosive attack vulnerabilities. Doing so will increase the likelihood that terrorist planning activities are recognized and reported, and deter attacks by reducing the attractiveness of potential targets. Additional programs, such as implementing multi-jurisdiction explosive attack planning that ensure bomb squad and SWAT integration, will ensure State and Urban Areas coordinate preventive and protective actions during steady-state and threat-initiated environments. Finally, grantees should enhance explosive device pre-detonation response operations so that bomb squads have the necessary tools to diagnose and defeat actual devices. These mitigation capabilities will serve to further prevent any attempted attack from achieving terrorist objectives. In support of this effort, the DHS Office for Bombing Prevention (OBP) is dedicated to enhancing and coordinating the Nation’s ability to deter, prevent, and protect against IED attacks. OBP maintains multiple programs designed to 7 support State and Urban Areas in explosive attack prevention and protection planning, analyzing explosive device mitigation capabilities, determining training and equipment requirements, improving IED awareness, and facilitating the sharing of terrorist IED techniques, tactics, and procedures through TRIPwire. Grantees are encouraged to work closely with OBP (in addition to their Program Analyst and FEMA Region) to ensure State and local initiatives sufficiently address IED threats. For more information, please contact OBP via obp@dhs.gov. To register for a TRIPwire account, go to http://www.tripwiredhs. net. Activities to strengthen explosive attack deterrence, prevention, and protection capabilities should be undertaken in coordination with the statewide CIKR protection program, which States were required to establish in FY 2007 in support of the NIPP. Additional information to support the implementation of the NIPP is available at http://www.dhs.gov/nipp/. 4. National Priority: Strengthen Chemical, Biological, Radiological/Nuclear, and Explosive (CBRNE) Detection, Response, and Decontamination Capabilities. Strengthen Preventive Radiological/Nuclear Detection Capabilities. The Domestic Nuclear Detection Office (DNDO) plays an essential role in developing and implementing a multi-layered defensive strategy, with domestic and international programs and systems to protect the Nation from radiological/nuclear (rad/nuc) attacks by terrorists. Grantees are encouraged to work closely with DNDO when developing or enhancing preventive rad/nuc detection programs and to ensure that programs are effectively integrated into current and future Federal capabilities. DNDO supports the development of comprehensive preventive rad/nuc detection capabilities across State, local and tribal communities by developing the necessary training, equipment test reports, exercise support, information sharing capabilities, and analytical tools to create a fully integrated operating environment. These resources include: providing rad/nuc technical reachback support to Federal, State, local and tribal operators; development of standardized training curricula and response protocols; conducting comprehensive assessments of existing radiation detection technology to inform application and acquisition; providing program development tools and guidance for immediate application by policy makers and operators; and the development of a robust national situational awareness and analysis capability through the Joint Analysis Center (JAC). Such resources can be used by State, local and tribal entities to build or enhance a comprehensive preventive rad/nuc detection program, or to develop specific preventive rad/nuc detection capabilities in areas such as device and material detection and response (providing rad/nuc material characterization to responders), Commercial Vehicle Inspection, special events screening, small maritime craft monitoring, fixed infrastructure protection, and urban area security. 8 Additional information about DNDO and the support DNDO will provide to grantees may be found at: http://www.dhs.gov/xabout/structure/editorial_0766.shtm. 5. National Priority: Strengthen Information Sharing and Collaboration Capabilities Maximizing Information Sharing via the National Network of Fusion Centers. This priority reflects the policy outlined in the National Strategy for Information Sharing (NSIS) by supporting the establishment of and continued support for a national network of fusion centers to facilitate effective nationwide information sharing between local, State, and Federal partners. Effective prevention efforts depend on the ability of all levels and sectors of government, as well as private industry, to collect, analyze, disseminate, and use homeland security- and crime-related information and intelligence. In support of these efforts, designated State and Urban Area fusion centers must prioritize the allocation of SHSP and UASI grant funding to meet identified levels of baseline capabilities as outlined in the Department of Justice’s (DOJ’s) Global Justice Information Sharing Initiative’s (Global) Baseline Capabilities for State and Major Urban Area Fusion Centers, a supplement to the Fusion Center Guidelines, located at http://www.it.ojp.gov/documents/baselinecapabilitiesa.pdf. In support of this priority, the DHS Office of Intelligence and Analysis (I&A) is dedicated to supporting the development and enhancement of State and local information sharing activities, and maintains multiple programs and initiatives designed to directly support State and Urban Area initiatives. Therefore, in support of this National Priority, States and Urban Areas should continue to advance information sharing and fusion center efforts through the effective implementation and operation of activities that relate to this priority, including the following: • Coordination and Integration of Multi-disciplinary Partners. To further advance and strengthen information sharing efforts, multi-disciplinary partners—including law enforcement, the fire service, health security, and critical infrastructure and key resource (CIKR) partners—are encouraged to fully engage in the fusion process. DHS I&A has begun work on a Fire Service Intelligence Enterprise, a Health Security Intelligence Enterprise, and CIKR initiatives, in addition to its work supporting Law Enforcement, to advance collaboration and greater information sharing among all levels of government and key multi-disciplinary players within fusion centers and the greater information sharing and fusion processes. • Coordination and Integration with DHS Component Strategic Mission Priorities. The effective coordination and integration of on-going national 9 homeland security efforts and component strategic mission priorities and activities—including border security, trafficking of illicit materials, and maritime enforcement—is essential to the successful implementation of a national network of fusion centers. Therefore, DHS I&A is encouraging fusion centers to coordinate and integrate their information sharing efforts with regional and/or local strategic component efforts, including Area Maritime Security Committees (AMSCs) and their respective Area Maritime Security Plans (AMSPs), DHS Border Enforcement Security Task Forces, Integrated Border Enforcement Teams, and FEMA Regional Offices. • Information Sharing to Support Response and Recovery Efforts. Effective information sharing and communication occurs across the preparedness spectrum, including prevent, protect, respond, and recover mission areas. Therefore, effective information sharing and communication between fusion centers and Emergency Operations Centers (EOCs) prior to, during, and after an incident is essential to the successful response and mitigation of man-made or naturally occurring incidents. This communication supports the timely and accurate response to an event and ensures that all appropriate information is in the hands of the responders who need it. In support of this effort, DHS I&A and FEMA are encouraging that fusion centers and EOCs formally plan, train on, and exercise their communication and information sharing processes, in coordination with the respective FEMA Regional Offices and Federal Preparedness Coordinators (FPCs). Grantees are encouraged to work closely with DHS I&A to leverage available resources through the joint DHS/DOJ Fusion Process Technical Assistance Program as well as available DHS personnel and technologies—including deployed I&A Intelligence Operations Specialists and the Homeland Secure Data Network (HSDN)—to support fusion centers analytic collaboration and information sharing activities. 6. National Priority: Strengthen Medical Surge and Mass Prophylaxis. Developing and enhancing health and medical readiness and preparedness capabilities. State and local grantees should consider preparedness efforts that emphasize biological attack detection (bio collection), mass casualty incident response, and counter-measure stockpiling and distribution. The Office of Health Affairs (OHA) leads the Department’s role in developing and supporting a scientifically rigorous, intelligence-based biodefense and health preparedness architecture to ensure the security of our Nation in the face of all hazards. Grantees are encouraged to work closely with OHA, in addition to their FEMA Program Analyst and FEMA Region, when developing or enhancing medical surge and mass prophylaxis programs in response to biological threats and for public health and medical preparedness. For more information, please visit 10 http://www.dhs.gov/xabout/structure/editorial_0880.shtm or contact OHA at oha@dhs.gov. Consolidation of Law Enforcement Terrorism Prevention-oriented Activities Per the 9/11 Act and the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (Public Law 110-329), FY 2009 HSGP will not contain a separate line-item Law Enforcement Terrorism Prevention Program (LETPP). As is clear in this year’s overarching HSGP priorities, a significant need for law enforcement terrorism prevention exists. As a result, States are also required to ensure that at least 25 percent of their SHSP award funds and 25 percent of their UASI award funds are dedicated towards law enforcement terrorism prevention-oriented planning, organization, training, exercise, and equipment activities. Inclusion of Emergency Medical Services (EMS) Providers DHS requires State and local governments to include emergency medical services (EMS) providers in their State and Urban Area homeland security plans. In accordance with this requirement, and as States, territories, localities, and tribes complete their application materials for the FY 2009 HSGP, DHS reminds our homeland security partners of the importance for proactive inclusion of various State, regional, and local response disciplines who have important roles and responsibilities in prevention, deterrence, protection, and response activities. Inclusion should take place with respect to planning, organization, equipment, training, and exercise efforts. Response disciplines include, but are not limited to: governmental and nongovernmental emergency medical, firefighting, and law enforcement services; public health; hospitals; emergency management; hazardous materials; public safety communications; public works; and governmental leadership and administration personnel. DHS/FEMA’s Grants Reporting Tool (GRT) will continue to be utilized for grantees to report and for DHS to track, on a biannual basis, homeland security funding provided to response disciplines. If no State or local funding is provided to EMS, the State should be prepared to demonstrate that related target capabilities have been met or identify more significant priorities. Homeland security partners should examine how they integrate preparedness activities across disciplines, agencies, and levels of government, including State, territory, local, and tribal units of government. A cohesive planning framework should be incorporated that builds and implements homeland security initiatives which leverage DHS resources, as well as other Federal, State, territory, local, and tribal resources. Specific attention should be paid to how all available preparedness funding sources can be effectively utilized in a collaborative manner to support the enhancement of capabilities. Governance The FY 2009 HSGP re-emphasizes the importance of creating or utilizing existing governing bodies to act on this guidance and coordinate grant resources. Examples include: State Senior Advisory Committees, Urban Area Working Groups, Area Maritime Security Committees, Citizen Corps Councils, and Metropolitan Medical Response 11 System Steering Committees. As a reminder, the membership of the Senior Advisory Committee must, at a minimum, include the following State officials directly responsible for the administration of FEMA GPD grants and Centers for Disease Control and Prevention (CDC) and Assistant Secretary for Preparedness and Response (ASPR) cooperative agreements: the State Administrative Agency (SAA), ASPR Hospital Preparedness Program Coordinator, and CDC Public Health Emergency Preparedness Program Director. In addition, program representatives from the following entities should be members of the committee: State Homeland Security Advisor (if this role is not also the SAA); State Emergency Management Agency Director; State Public Health Officer; State Public Safety Officer (and SAA for Justice Assistance Grants, if different); State Court Official; State EMS Director; State Trauma System Manager; State Communications Officer (NECP, etc.); State Citizen Corps POC; Urban Area POC; United States Coast Guard Area Command or Captain of the Port; Senior Members of the Regional Transit Security Working Group; Senior Security Officials from Major Transportation Systems; and the Adjutant General. Additional Program Detail 1. State Homeland Security Program. The State Homeland Security Program (SHSP) is a core assistance program that provides funds to build capabilities at the State and local levels and to implement the goals and objectives included in State Homeland Security Strategies and initiatives in the State Preparedness Report. Activities implemented under SHSP must support terrorism preparedness by building or enhancing capabilities that relate to the prevention of, protection from, or response to, and recovery from terrorism in order to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Grantees must demonstrate this dual-use quality for any activities implemented under this program that are not explicitly focused on terrorism preparedness. Use of SHSP funds must be consistent with and supportive of implementation of the State Homeland Security Strategy and State Preparedness Report. Linkages between specific projects undertaken with SHSP funds and strategic goals and objectives will be highlighted through regular required reporting mechanisms, including the Biannual Strategy Implementation Report (BSIR). 2. Urban Areas Security Initiative. Since its inception in FY 2003, the intent of the UASI program has been to enhance regional preparedness in major metropolitan areas. The UASI program directly supports the National Priority on expanding regional collaboration in the National Preparedness Guidelines and is intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery. The FY 2009 UASI program continues this mission by providing financial assistance to address the unique multidiscipline planning, organization, equipment, training, and exercise needs of high- threat, high-density Urban Areas, and to assist them in building and sustaining 12 capabilities to prevent, protect against, respond to, and recover from threats or acts of terrorism. The FY 2009 UASI program is intended to enhance regional preparedness efforts. Urban Areas must use these funds to employ regional approaches to overall preparedness and are encouraged to adopt regional response structures whenever appropriate. UASI program implementation and governance must include regional partners and should have balanced representation among entities with operational responsibilities for prevention, protection, response, and recovery activities within the region. In some instances Urban Area boundaries cross State borders. States must ensure that the identified Urban Areas take an inclusive regional approach to the development and implementation of the FY 2009 UASI program and involve the contiguous jurisdictions, mutual aid partners, port authorities, rail and transit authorities, campus law enforcement, State agencies, Citizen Corps Council(s), and MMRS jurisdictions in their program activities. Activities implemented under UASI must support terrorism preparedness by building or enhancing capabilities that relate to the prevention of, protection from, or response to terrorism in order to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Grantees must demonstrate the dual-use quality for any activities implemented that are not explicitly focused on terrorism preparedness. Pursuant to changes required by the 9/11 Act, eligible FY 2009 UASI candidates were determined based on an analysis of relative risk of the 100 most populous Metropolitan Statistical Areas (MSAs), as defined by the Office of Management and Budget. MSAs are used by DHS to determine eligibility for participation in the program. Part II of this Guidance shows a table of Urban Areas selected for possible FY 2009 funding. Geographical areas queried do not equate to minimum mandated membership representation of an Urban Area, nor does this guarantee funding for geographical areas queried. Urban Area Working Groups (UAWGs) must continue to take a regional approach to membership but are not required to expand or contract existing Urban Area participation to conform to MSA composition as a result of this legislative change. Detailed information on MSAs is publicly available from the U.S. Census Bureau at http://www.census.gov/population/www/estimates/metrodef.html. UASI Program Requirements The SAA will be responsible for ensuring compliance with the fiduciary and programmatic administration requirements of the FY 2009 UASI program. • Identify Points of Contact. The SAA must confirm a specific point of contact (POC) with the designated Urban Area. The SAA POCs are responsible for identifying and coordinating with the POC for the UAWG. This information must be provided to FEMA with the grant application. SAAs must work with existing Urban Areas to ensure that information for current POCs is on file with FEMA. 13 • Define the Urban Area. For new Urban Areas, the SAA POC, in coordination with the candidate Urban Areas, must define the Urban Area, as it will apply to the FY 2009 UASI program. The identified city or combined entity represents the candidate Urban Area eligible to apply for funding under the FY 2009 UASI program. For those Urban Areas with a combined entity, that area represents the minimum area that must be part of the defined Urban Area. The definition of the Urban Area is limited to jurisdictions contiguous to the geographic area used to determine eligibility, or those jurisdictions in that area which have established formal mutual aid agreements. States may request a waiver for this limitation for regions previously established by Executive Order, law, or compact. For the purposes of the FY 2009 UASI program, the Washington, D.C. Urban Area will consist of the National Capital Region (NCR) as set forth in 10 U.S.C. §2674(f)(2). In coordination with the UAWG, the SAA POC may redefine the geographic boundaries of an existing Urban Area, as it will apply to the FY 2009 UASI program. The SAA POC must notify FEMA of this change. • Establish the UAWG. Membership in the UAWG must provide either direct or indirect representation for all the jurisdictions and response disciplines (including law enforcement) that comprise the defined Urban Area. It must also be inclusive of local MMRS and Citizen Corps Council representatives. The SAA POC must ensure that appropriate representation for the defined Urban Area is included per this guidance. FEMA strongly encourages that, wherever possible, previously established local working groups should be leveraged for this purpose to ensure that UASI resources are managed in the most efficient and effective manner possible. The UAWG may also support State efforts to develop the State Preparedness Report, particularly as it relates to UASI activities. An overview of the UAWG structure and a list of members and their associated jurisdictions must be provided to FEMA along with the grant application. Urban Areas must notify the SAA of any updates to the UAWG structure or membership, of which the SAA must thereafter provide notification to FEMA. • Governance. The identified jurisdictions in Part II of this Guidance package represent the candidate Urban Areas eligible to apply for funding. The UAWG will be responsible for coordinating the development and implementation of all program initiatives. States and Urban Areas must consider including counties within which the cities reside, contiguous jurisdictions, MSAs, operational areas, and mutual aid partners, as appropriate, in the governance process. In keeping with sound project management practices, the UAWG must ensure that its approach to critical issues such as membership, governance structure, voting rights, grant management and administration responsibilities, and funding allocation methodologies are formalized in a working group charter or other form of standard operating procedure related to the UASI governance. The charter must also outline how decisions made in UAWG meetings will be documented and shared with UAWG members. This charter must be on file with FEMA prior 14 to drawing down FY 2009 UASI funding and must be available to all UAWG members to promote transparency in decision-making related to the UASI program. • Urban Area Homeland Security Strategy. Urban Areas must utilize their Urban Area Homeland Security Strategy as the basis for requesting funds to support Investments identified in the Investment Justification. There must be a clear correlation between the goals, objectives, and priorities identified in the Urban Area Homeland Security Strategy and FY 2009 UASI program activities. In addition, the Urban Area Homeland Security Strategy must also be consistent with and supportive of the State Homeland Security Strategy and the State Preparedness Report. All Urban Areas receiving funding in FY 2009 must have an approved Urban Area Homeland Security Strategy. Any new Urban Areas must develop a strategy and submit it to FEMA for review and approval prior to drawing down UASI funds. This requirement includes prior Urban Areas that were not Urban Areas in either FY 2007 and/or 2008, but that were selected again as Urban Areas for FY 2009. For new Urban Areas, strategy development technical assistance is available. Please consult your SAA for requesting assistance services from FEMA. UASI Allocation of funds The use and allocation of all grant funds available through the FY 2009 UASI program must focus on the Investments identified in the Urban Area’s Investment Justification and the implementation of the validated Urban Area Homeland Security Strategy. The use of funds must also be consistent with the State Homeland Security Strategy, the State Preparedness Report, the National Preparedness Guidelines, TCL, and UASI program guidelines. Funds used to support Citizen Corps related efforts, such as citizen preparedness, volunteer participation, and the integration of nongovernmental resources should be coordinated with Citizen Corps Councils. The UAWG, in coordination with the SAA POC, must develop a methodology for allocating funding available through the UASI program. The UAWG must reach consensus on all UASI funding allocations. If consensus can not be reached within the 45-day time period allotted for the State to obligate funds to subgrantees, the SAA must make the allocation determination. The SAA must provide written documentation verifying the consensus of the UAWG, or the failure to achieve otherwise, on the allocation of funds and submit it to FEMA immediately after the 45day time period allotted for the State to obligate funds to subgrantees. Any UASI funds retained by the State must be used in direct support of the Urban Area. States must provide documentation to the UAWG and FEMA upon request demonstrating how any UASI funds retained by the State would directly support the Urban Area. 15 3. Metropolitan Medical Response System The MMRS program provides funding to States to support the integration of local emergency management, health and medical systems into a coordinated and sustained local response capability to a mass casualty incident. The responsibilities of the SAA are to: • Ensure the “MMRS Leadership” (see below) shall be fully represented on the Urban Area Working Group in cases where a MMRS grant is awarded and a UASI program exists. • Ensure all neighboring MMRS subgrantees shall actively and demonstratively collaborate to develop a regional plan that supports the MMRS mission in that region in cases where MMRS subgrantees are located adjacent to one another. • Prepare an Investment Justification that clearly identifies the size of the populations included in the planning and operational areas supported by the MMRS grant. MMRS subgrantees shall: • Establish and support a designated leadership (“MMRS Leadership”), such as a Steering Committee or leadership position(s), to act as the designated POCs for program implementation. • Integrate local emergency management, health and medical systems with their Federal and State counterparts through a locally established multi-agency, collaborative planning framework. • Promote regional coordination of mutual aid with neighboring localities. • Regularly validate the subgrantee’s local emergency response capability to a mass casualty incident by means of an exercise or other validation means. MMRS Collaboration MMRS subgrantees are encouraged to collaborate with local, regional, and State health and medical partners, such as Medical Reserve Corps Units and Citizen Corps Councils, as well as leverage other Federal programs, such as the U.S. Department of Health and Human Services Assistant Secretary for Preparedness and Response (DHHS-ASPR) Hospital Preparedness Program and Emergency Systems for Advance Registration of Volunteer Health Professionals (ESAR-VHP), Center for Disease Control and Prevention Cities Readiness Initiative and Strategic National Stockpile, to coordinate and support plans, processes and strategies related to, but limited to: Continuity of Government; Continuity of Operations; Equipment and Supplies Procurement; Fatality Management; Forward Movement of Patients; Hospital Evacuation; Interoperable Communications; Patient Tracking; Pharmaceutical and Medical Supply Management and Distribution; Public Education; Outreach and Information; Recruiting Volunteers; and Training. 16 4. Citizen Corps Program. The Citizen Corps mission is to bring community and government leaders together to coordinate the involvement of community members and organizations in emergency preparedness, planning, mitigation, response, and recovery. The FY 2009 Citizen Corps Program (CCP) funds provide resources for States and local communities to: • Bring together the appropriate leadership to form and sustain a Citizen Corps Council. • Develop and implement a plan and amend existing plans, such as EOPs, to achieve and expand citizen preparedness and participation. • Conduct public education and outreach. • Ensure clear alerts/warnings and emergency communications with the public. • Develop training programs for the public, for both all-hazards preparedness and volunteer responsibilities. • Facilitate citizen participation in exercises. • Implement volunteer programs and activities to support emergency responders. • Involve citizens in surge capacity roles and responsibilities during an incident in alignment with the Emergency Support Functions and Annexes. • Conduct evaluations of programs and activities. CCP Program Requirements All grant recipients must register their Citizen Corps Council on the Citizen Corps website (http://www.citizencorps.gov/) and manage their program and contact information located on the site. • State responsibilities. Citizen preparedness and participation must be coordinated by an integrated body of government and nongovernmental representatives. States and local government recipients and sub-grantees of HSGP funds, including Urban Areas, must have such a body to serve as their Citizen Corps Council with membership that includes, but is not limited to: representatives from emergency management, homeland security, law enforcement, fire service, medical services/public health or their designee, elected officials, the private sector (especially privately owned critical infrastructure), private nonprofits, nongovernmental organizations (including faith- based and community-based organizations), and advocacy groups for special needs populations. Representatives from existing Citizen Corps programs, to include Volunteers in Police Service (VIPS), Medical Reserve Corps (MRC), Community Emergency Response Team (CERT), Neighborhood Watch/USAonWatch, Fire Corps, and affiliates should also be included on these Citizen Corps Councils. Furthermore, Citizen Corps Councils should include a MMRS representative, where applicable. Senior Advisory Committees (SACs) and Urban Area Working Groups (UAWGs) may serve as Citizen Corps Councils if the appropriate representatives are 17 members, to include the State/UASI Citizen Corps Program Manager(s) and nongovernmental members. SAAs must coordinate all citizen involvement in emergency preparedness, planning, mitigation, response, and recovery funded with any source of HSGP funds with the State agency currently responsible for the administration of Citizen Corps. A listing of current State Citizen Corps Program Managers is available by visiting http://www.citizencorps.gov/councils/ and selecting “State Citizen Corps Program Managers.” State Citizen Corps Program Managers must also continue to provide program management via the administrative section of the Citizen Corps website, http://www.citizencorps.gov, to include managing the approval process for local Citizen Corps Councils, CERT programs, managing administrative section passwords for local users, and managing calendar events, subscribers, and e- mails to local Councils. The community preparedness section(s) of State Homeland Security Strategies, policies, guidance, plans (including Emergency Operation Plans (EOP), the State Preparedness Report, and Investment Justification), and evaluations must be reviewed by the body serving as the State Citizen Corps Council and must include considerations for government/nongovernmental collaboration, and community preparedness and participation, including citizen involvement in preparedness and response. Nongovernmental representatives are expected to evaluate closely the functional areas of warnings, emergency public information, evacuation, mass care, resource management from nongovernmental sources, unaffiliated volunteer and donations management, and nongovernmental resource integration (goods and personnel) to support each emergency support function in the EOP. • Coordination. The SAA must coordinate the financial, programmatic, and administrative issues relating to the Citizen Corps mission with the State Citizen Corps Program Manager. Furthermore, the SAA must share the community preparedness information submitted in the State’s BSIR with the State Citizen Corps Program Manager. The State Citizen Corps Program Manager must also participate in the FEMA required monitoring process. Law Enforcement Terrorism Prevention Activities. As noted previously, the 9/11 Act did not create a separate LETPP grant program but rather made it a component of SHSP and UASI. The Department values and places an emphasis on law enforcement terrorism prevention and protection-oriented activities and therefore requires that States ensure that at least 25 percent of their SHSP award funds and at least 25 percent of their UASI award funds are dedicated towards law enforcement terrorism prevention-oriented planning, organization, training, exercise, and equipment activities. 18 PART II. AWARD INFORMATION This section summarizes the award period of performance and the total amount of funding available under the FY 2009 HSGP, describes the basic distribution method used to determine final grants awards, and identifies all eligible applicants for FY 2009 funding. Award Period of Performance The period of performance of this grant is 36 months. Extensions to the period of performance will be considered only through formal requests to FEMA with specific and compelling justifications why an extension is required. Available Funding In FY 2009, the total amount of funds distributed under the HSGP will be $1,714,300,154. The available funding is summarized in the table below. HSGP Programs FY 2009 Funding State Homeland Security Program $861,265,000 Urban Areas Security Initiative $798,631,250 Metropolitan Medical Response System $39,831,404 Citizen Corps Program $14,572,500 Total $1,714,300,154 The specific information regarding funding allocations for the four HSGP programs are detailed below. States and Urban Areas should apply for 110 percent of the targeted SHSP and UASI allocation. 1. FY 2009 SHSP Allocations. FY 2009 SHSP funds will be allocated based on risk and anticipated effectiveness upon completion of the application review process. Each State will receive a minimum allocation under SHSP using the thresholds established in the 9/11 Act. All 50 States, the District of Columbia, and Puerto Rico will receive 0.365 percent of the total funds allocated for grants under Section 2004 of the Homeland Security Act of 2002 (6 U.S.C. §101 et seq.), as amended by the 9/11 Act, for SHSP. Four territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands) will receive a minimum allocation of 0.08 19 percent of the total funds allocated for grants under Section 2004 of the Homeland Security Act of 2002, as amended by the 9/11 Act, for SHSP. The following table identifies the targeted SHSP allocations based on DHS’ relative risk assessment. States should focus their Investments based on the targeted allocation and submit applications for up to 110 percent of the targeted allocation. Subsequently, when determining the final allocation, DHS may increase or decrease the targeted SHSP allocations by up to 10 percent based on the results of the effectiveness analysis. FY 2009 SHSP Target Allocations State SHSP Target Allocation Law Enforcement Terrorism Prevention Activities Minimum Alabama $10,612,000 $2,653,000 Alaska $6,060,000 $1,515,000 American Samoa $1,328,000 $332,000 Arizona $13,181,000 $3,295,250 Arkansas $6,060,000 $1,515,000 California $104,586,000 $26,146,500 Colorado $11,286,000 $2,821,500 Connecticut $9,861,000 $2,465,250 Delaware $6,060,000 $1,515,000 District of Columbia $10,754,000 $2,688,500 Florida $35,236,000 $8,809,000 Georgia $20,786,000 $5,196,500 Guam $1,328,000 $332,000 Hawaii $6,060,000 $1,515,000 Idaho $6,060,000 $1,515,000 Illinois $33,212,000 $8,303,000 Indiana $12,018,000 $3,004,500 Iowa $6,060,000 $1,515,000 Kansas $7,154,000 $1,788,500 Kentucky $9,111,000 $2,277,750 Louisiana $15,305,000 $3,826,250 Maine $6,060,000 $1,515,000 Maryland $17,100,000 $4,275,000 Massachusetts $16,350,000 $4,087,500 Michigan $20,359,000 $5,089,750 Minnesota $11,647,000 $2,911,750 Mississippi $6,060,000 $1,515,000 Missouri $11,353,000 $2,838,250 Montana $6,060,000 $1,515,000 Nebraska $6,060,000 $1,515,000 Nevada $8,921,000 $2,230,250 New Hampshire $6,060,000 $1,515,000 New Jersey $26,391,000 $6,597,750 New Mexico $6,060,000 $1,515,000 20 State SHSP Target Allocation Law Enforcement Terrorism Prevention Activities Minimum New York $113,222,000 $28,305,500 North Carolina $15,466,000 $3,866,500 North Dakota $6,060,000 $1,515,000 Northern Mariana Islands $1,328,000 $332,000 Ohio $23,294,000 $5,823,500 Oklahoma $7,306,000 $1,826,500 Oregon $8,493,000 $2,123,250 Pennsylvania $28,795,000 $7,198,750 Puerto Rico $6,060,000 $1,515,000 Rhode Island $6,060,000 $1,515,000 South Carolina $8,531,000 $2,132,750 South Dakota $6,060,000 $1,515,000 Tennessee $12,236,000 $3,059,000 Texas $62,168,000 $15,542,000 U.S. Virgin Islands $1,328,000 $332,000 Utah $6,470,000 $1,617,500 Vermont $6,060,000 $1,515,000 Virginia $20,710,000 $5,177,500 Washington $18,791,000 $4,697,750 West Virginia $6,060,000 $1,515,000 Wisconsin $10,108,000 $2,527,000 Wyoming $6,060,000 $1,515,000 Total $861,265,000 $215,316,250 2. FY 2009 UASI Allocations. FY 2009 UASI funds will be allocated based on risk and anticipated effectiveness upon completion of the application review process. Eligible candidates for the FY 2009 UASI program have been determined through an analysis of relative risk of terrorism faced by the 100 most populous metropolitan statistical areas in the United States, in accordance with the 9/11 Act. Based on that analysis, the eligible candidates have been grouped into two tiers according to relative risk. Tier 1 includes the seven highest risk areas and will be allocated 55 percent of the total UASI funding available; Tier 2 includes the other 55 candidate areas and will be allocated the remaining 45 percent of the total UASI funding available. The tier approach was employed to allow applicants with a similar level of risk to compete for funding on a level playing field. The following candidates are eligible to apply for funding under the FY 2009 UASI program. The following table identifies the targeted UASI allocations based on DHS’ relative risk assessment. States and Urban Areas should focus their Investments based on the targeted allocation and submit applications for up to 110 percent of the targeted allocation. Subsequently, when determining the final allocation, DHS may increase or decrease the targeted UASI allocations by up to 10 percent based on the results of the effectiveness analysis. 21 FY 2009 UASI Target Allocations Urban Area FY 2009 Target Allocation Law Enforcement Terrorism Prevention Activities Minimum Bay Area $40,638,250 $10,159,563 California Los Angeles/Long Beach Area $68,290,450 $17,072,613 District of Columbia National Capital Region $58,006,500 $14,501,625 Illinois Chicago Area $52,320,650 $13,080,163 New Jersey Jersey City/Newark Area $35,298,150 $8,824,538 New York New York City Area $145,137,750 $36,284,438 TIER 1 Texas Houston Area $39,555,450 $9,888,863 Phoenix Area $10,984,400 $2,746,100 Arizona Tucson Area $4,515,350 $1,128,838 Anaheim/Santa Ana Area $12,753,750 $3,188,438 Riverside Area $5,277,100 $1,319,275 Sacramento Area $3,938,300 $984,575 San Diego Area $14,735,000 $3,683,750 California Oxnard Area $2,502,950 $625,738 Colorado Denver Area $7,233,800 $1,808,450 Bridgeport Area $2,807,300 $701,825 Connecticut Hartford Area $2,747,000 $686,750 Fort Lauderdale Area $6,063,400 $1,515,850 Jacksonville Area $5,436,850 $1,359,213 Miami Area $11,039,500 $2,759,875 Orlando Area $5,160,400 $1,290,100 Florida Tampa Area $7,933,950 $1,983,488 Georgia Atlanta Area $13,509,000 $3,377,250 Hawaii Honolulu Area $4,754,750 $1,188,688 Indiana Indianapolis Area $7,104,600 $1,776,150 Kentucky Louisville Area $2,198,500 $549,625 Baton Rouge Area $3,048,900 $762,225 Louisiana New Orleans Area $5,429,600 $1,357,400 Maryland Baltimore Area $10,974,900 $2,743,725 Massachusetts Boston Area $14,564,400 $3,641,100 Michigan Detroit Area $13,481,450 $3,370,363 Minnesota Twin Cities Area $8,248,000 $2,062,000 Kansas City Area $7,694,550 $1,923,638 Missouri St. Louis Area $8,532,900 $2,133,225 Nevada Las Vegas Area $8,579,000 $2,144,750 Albany Area $1,924,250 $481,063 Buffalo Area $5,040,700 $1,260,175 Rochester Area $2,342,900 $585,725 New York Syracuse Area $1,869,300 $467,325 North Carolina Charlotte Area $4,579,950 $1,144,988 Cincinnati Area $4,969,150 $1,242,288 Cleveland Area $5,086,800 $1,271,700 TIER 2 Ohio Columbus Area $4,349,600 $1,087,400 22 Urban Area FY 2009 Target Allocation Law Enforcement Terrorism Prevention Activities Minimum Toledo Area $2,287,550 $571,888 Oklahoma City Area $4,404,700 $1,101,175 Oklahoma Tulsa Area $2,160,450 $540,113 Oregon Portland Area $7,178,700 $1,794,675 Philadelphia Area $17,950,450 $4,487,613 Pennsylvania Pittsburgh Area $6,395,400 $1,598,850 Puerto Rico San Juan Area $3,183,250 $795,813 Rhode Island Providence Area $4,764,250 $1,191,063 Memphis Area $4,229,900 $1,057,475 Tennessee Nashville Area $2,986,200 $746,550 Austin Area $2,922,550 $730,638 Dallas/Fort Worth/Arlington Area $19,305,450 $4,826,363 El Paso Area $5,381,750 $1,345,438 Texas San Antonio Area $6,220,150 $1,555,038 Utah Salt Lake City Area $2,938,300 $734,575 Norfolk Area $7,372,000 $1,843,000 Virginia Richmond Area $2,710,700 $677,675 Washington Seattle Area $11,313,600 $2,828,400 Wisconsin Milwaukee Area $4,266,450 $1,066,613 Total $798,631,250 $199,657,826 Urban Area FY 2009 Target Allocation Law Enforcement Terrorism Prevention Activities Minimum Toledo Area $2,287,550 $571,888 Oklahoma City Area $4,404,700 $1,101,175 Oklahoma Tulsa Area $2,160,450 $540,113 Oregon Portland Area $7,178,700 $1,794,675 Philadelphia Area $17,950,450 $4,487,613 Pennsylvania Pittsburgh Area $6,395,400 $1,598,850 Puerto Rico San Juan Area $3,183,250 $795,813 Rhode Island Providence Area $4,764,250 $1,191,063 Memphis Area $4,229,900 $1,057,475 Tennessee Nashville Area $2,986,200 $746,550 Austin Area $2,922,550 $730,638 Dallas/Fort Worth/Arlington Area $19,305,450 $4,826,363 El Paso Area $5,381,750 $1,345,438 Texas San Antonio Area $6,220,150 $1,555,038 Utah Salt Lake City Area $2,938,300 $734,575 Norfolk Area $7,372,000 $1,843,000 Virginia Richmond Area $2,710,700 $677,675 Washington Seattle Area $11,313,600 $2,828,400 Wisconsin Milwaukee Area $4,266,450 $1,066,613 Total $798,631,250 $199,657,826 3. FY 2009 MMRS Allocation. FY 2009 MMRS funding will be divided evenly among the 124 MMRS jurisdictions listed below. FY 2009 MMRS Funding Allocations State Alabama MMRS Jurisdictions Birmingham, Huntsville, Mobile, and Montgomery State Total $1,284,884 Alaska Anchorage and Juneau $642,442 Arizona Glendale, Mesa, Phoenix, and Tucson $1,284,884 Arkansas Little Rock $321,221 California Anaheim, Bakersfield, Fremont, Fresno, Glendale, Huntington Beach, Long Beach, Los Angeles, Modesto, Oakland, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Jose, Santa Ana, and Stockton $5,781,978 Colorado Aurora, Colorado Springs, and Denver $963,663 Connecticut Hartford $321,221 Florida Fort Lauderdale, Hialeah, Jacksonville, Miami, Orlando, St. Petersburg, and Tampa $2,248,547 Georgia Atlanta and Columbus $642,442 Hawaii Honolulu $321,221 Illinois Chicago $321,221 Indiana Ft. Wayne and Indianapolis $642,442 Iowa Des Moines $321,221 Kansas Kansas City and Wichita $642,442 Kentucky Lexington/Fayette and Louisville $642,442 Louisiana Baton Rouge, Jefferson Parish, New Orleans, and Shreveport $1,284,884 23 Maryland Baltimore $321,221 Massachusetts Boston, Springfield, and Worcester $963,663 Michigan Detroit, Grand Rapids, and Warren $963,663 Minnesota Minneapolis and St. Paul $642,442 Mississippi Jackson $321,221 Missouri Kansas City and St. Louis $642,442 Nebraska Lincoln and Omaha $642,442 Nevada Las Vegas $321,221 New Hampshire Northern New England MMRS $321,221 New Jersey Jersey City and Newark $642,442 New Mexico Albuquerque $321,221 New York Buffalo, New York City, Rochester, Syracuse, and Yonkers $1,606,105 North Carolina Charlotte, Greensboro, and Raleigh $963,663 Ohio Akron, Cincinnati, Cleveland, Columbus, Dayton, and Toledo $1,927,326 Oklahoma Oklahoma City and Tulsa $642,442 Oregon Portland $321,221 Pennsylvania Allegheny County and Philadelphia $642,442 Rhode Island Providence $321,221 South Carolina Columbia $321,221 Tennessee Chattanooga, Knoxville, Memphis, and Nashville $1,284,884 Texas Amarillo, Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Garland, Houston, Irving, Lubbock, San Antonio, and Southern Rio Grande $4,175,873 Utah Salt Lake City $321,221 Virginia Arlington County, Chesapeake, Newport News, Norfolk, Richmond, and Virginia Beach $1,927,326 Washington Seattle, Spokane, and Tacoma $963,663 Wisconsin Total Madison and Milwaukee $642,442 $39,831,404 4. FY 2009 CCP Allocations. CCP allocations are determined using the USA PATRIOT Act (Public Law 107-56) formula, which specifies that all 50 States, the District of Columbia, and Puerto Rico will receive a minimum of 0.75 percent of the total available grant funding, and that four territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands) will receive a minimum of 0.25 percent of the total available grant funding. The balance of CCP funds are distributed on a population-share basis. In addition to CCP allocations, States and Urban Areas are encouraged to fully leverage all HSGP resources to accomplish the Citizen Corps mission. FY 2009 CCP Funding Allocations State/Territory Allocation State/Territory Allocation Alabama $241,527 Nevada $182,596 Alaska $128,823 New Hampshire $146,892 Arizona $290,414 New Jersey $357,481 Arkansas $190,294 New Mexico $165,581 California $1,153,746 New York $660,697 Colorado $248,204 North Carolina $368,199 Connecticut $209,367 North Dakota $127,573 Delaware $134,003 Ohio $436,943 District of Columbia $126,103 Oklahoma $212,653 Florida $630,795 Oregon $216,372 24 Georgia $382,020 Pennsylvania $464,542 Hawaii $145,965 Rhode Island $139,520 Idaho $152,137 South Carolina $235,237 Illinois $476,536 South Dakota $132,044 Indiana $290,601 Tennessee $285,213 Iowa $194,673 Texas $792,325 Kansas $188,614 Utah $184,880 Kentucky $230,487 Vermont $127,045 Louisiana $231,965 Virginia $329,655 Maine $146,931 Washington $294,119 Maryland $269,829 West Virginia $161,070 Massachusetts $293,586 Wisconsin $269,352 Michigan $397,081 Wyoming $124,233 Minnesota $257,808 Puerto Rico $221,941 Mississippi $192,694 U.S. Virgin Islands $39,570 Missouri $277,260 American Samoa $38,284 Montana $136,658 Guam $41,457 Nebraska $159,999 Northern Mariana Islands $38,906 Total $14,572,500 25 PART III. ELIGIBILITY INFORMATION A. Eligible Applicants The Governor of each State and territory is required to designate a State Administrative Agency (SAA) to apply for and administer the funds awarded under HSGP. The SAA is the only entity eligible to apply to FEMA for HSGP funds. To be eligible to receive FY 2009 HSGP funding, applicants must meet NIMS compliance requirements. The NIMSCAST will be the required means to report FY 2008 NIMS compliance for FY 2009 preparedness award eligibility. All State and territory grantees were required to submit their compliance assessment via the NIMSCAST by September 30, 2008 in order to be eligible for FY 2009 preparedness programs. The State or territory department/agency grantee reserves the right to determine compliance reporting requirements of their sub-awardees (locals) in order to disperse funds at the local level. For FY 2009 there are no new NIMS compliance objectives. If FY 2008 NIMS compliance was reported using NIMSCAST and the grantee has met all NIMS compliance requirements, then NIMSCAST will only require an update in FY 2009. Additional information on achieving compliance is available through the FEMA National Integration Center (NIC) at http://www.fema.gov/emergency/nims/. B. Cost Sharing In FY 2009, there is an optional cash or in-kind cost share. C. Restrictions Please see Part IV.E. for HSGP Priorities Threshold, Law Enforcement Terrorism Prevention, Management & Administration (M&A) limits, and allowable/unallowable costs guidance. 26 PART IV. APPLICATION AND SUBMISSION INFORMATION A. Address to Request Application Package DHS participates in the Administration’s e-government initiative. As part of that initiative, all applications must be filed using the Administration’s common electronic “storefront” --grants.gov. Eligible SAAs must apply for funding through this portal, accessible on the Internet at http://www.grants.gov. To access application forms and instructions, select “Apply for Grants,” and then select “Download Application Package.” Enter the CFDA and/or the funding opportunity number located on the cover of this announcement. Select “Download Application Package,” and then follow the prompts to download the application package. To download the instructions, go to “Download Application Package” and select “Instructions.” If you experience difficulties or have any questions, please call the grants.gov customer support hotline at (800) 518-4726. B. Content and Form of Application 1. On-line application. The on-line application must be completed and submitted using grants.gov after Central Contractor Registry (CCR) registration is confirmed. The on-line application includes the following required forms and submissions: • Investment Justification Report from the Grants Reporting Tool (see Part IV.F. below for more information) • For grantees with UASI Urban Areas: an overview of the UAWG structure and a list of members and their associated jurisdictions • Standard Form 424, Application for Federal Assistance • Standard Form 424A, Budget Information • Standard Form 424B Assurances • Standard Form LLL, Disclosure of Lobbying Activities • Standard Form 424C, Budget Information – Construction Form (if applicable) • Standard Form 424D, Assurances – Construction Programs (if applicable) The program title listed in the Catalog of Federal Domestic Assistance (CFDA) is “Homeland Security Grant Program.” The CFDA number is 97.067. 2. Application via grants.gov. FEMA participates in the Administration’s e- government initiative. As part of that initiative, all applicants must file their applications using the Administration’s common electronic “storefront” --grants.gov. 27 Eligible SAAs must apply for funding through this portal, accessible on the Internet at http://www.grants.gov. 3. DUNS number. The applicant must provide a Dun and Bradstreet Data Universal Numbering System (DUNS) number with their application. This number is a required field within grants.gov and for CCR Registration. Organizations should verify that they have a DUNS number, or take the steps necessary to obtain one, as soon as possible. Applicants can receive a DUNS number at no cost by calling the dedicated toll-free DUNS Number request line at (866) 705-5711. 4. Valid Central Contractor Registry (CCR) Registration. The application process also involves an updated and current registration by the applicant. Eligible applicants must confirm CCR registration at http://www.ccr.gov, as well as apply for funding through grants.gov. 5. Investment Justification. As part of the FY 2009 HSGP application process, applicants must develop a formal Investment Justification that addresses each Investment being proposed for funding. The Investment Justification must demonstrate how proposed projects address gaps and deficiencies in current programs and capabilities. The Investment Justification must demonstrate the ability to provide enhancements consistent with the purpose of the program and guidance provided by FEMA. Applicants must ensure that the Investment Justification is consistent with all applicable requirements outlined in this application kit. For new Urban Areas, Investment Justification technical assistance is available; please consult your SAA for requesting assistance services from FEMA. Applicants may propose up to 15 Investments within their Investment Justification, including multi-applicant Investments that support regional initiatives. States, territories, and Urban Areas are required to use the web-based Investment Justification submission module provided by FEMA in the Grants Reporting Tool (GRT) for their FY 2009 HSGP submission. The web-based Investment Justification submission module in the GRT will be available on January 1, 2009. In the meantime, applicants may use the standalone, Word-based Investment Planning Worksheet (or Multi-Applicant Planning Worksheet for multi-applicant Investments); the Worksheet is available at http://www.fema.gov/grants along with the overall FY 2009 HSGP guidance materials. Again, however, States, territories, and Urban Areas are required to use the web-based Investment Justification submission module provided by FEMA in the Grants Reporting Tool (GRT) for their FY 2009 HSGP submission. Specific instructions for submitting and completing Investments are included in Part IV.F., as well as in the FY 2009 HSGP Investment Justification Reference Guide. 28 Multi-Applicant Investments States, territories, and Urban Areas may propose Multi-Applicant Investments, which represent a shared interest between two or more States and territories, or a shared interest between two or more Urban Areas, as one (or more) of their 15 Investment submissions. Urban Areas cannot submit a Multi-Applicant Investment in partnership with the State in which they are located. Each participating State or Urban Area must outline the specific components of the Multi-Applicant Investment for which it would be responsible and include that Investment in its own submission. Investment Justification Questions and Scoring Criteria HSGP applicants must provide information in the following categories for each proposed Investment. The table below includes scoring criteria for each section and the weights that will be applied to reinforce priority areas. Investment Justification Outline Question Scoring Criteria OVERALL Overall Investment Justification Question: Describe your understanding of the spectrum of terrorism and natural hazard risks your State/territory/Urban Area faces. Explain how this understanding influenced development of this Investment Justification. States applying for HSGP funding must also include a description of how they plan to allocate grant funds to local units of government within 45 days of award. The information provided is not scored as an individual section; however, it is considered in the Portfolio Score, and should demonstrate the relationship between the individual Investments and the applicant’s understanding of risk Management & Administrative Costs: States, territories and Urban Areas must provide a brief overall summary of planned management and administrative (M&A) expenditures that support the implementation of the Investments proposed in this Investment Justification. The information provided is not scored as an individual section; however, it is considered in the Portfolio Score 29 Question Scoring Criteria Project Management: Describe the The information provided is not scored management team’s roles and as an individual section; however, it is responsibilities, governance structures, and considered in the Portfolio Score and subject matter expertise specifically required should demonstrate the team’s ability to for all of the Investments included in this manage the Investments listed in the Investment Justification. application BASELINE Investment Heading: • State/territory name • Urban Area name (if applicable) • Investment name • Total FY 2009 HSGP estimated funding • Investment Phase – Ongoing or New • Multi-Applicant Investment – Yes or No The information provided is not scored I.A. Baseline – Previous HSGP Request Name and Funding: If the Investment was included in a previous HSGP request, please provide the name of the Investment and the total amount of HSGP funding that was dedicated to this Investment, if any. The information provided is not scored as an individual section; however, it is considered in the Comprehensive Investment Score and should establish the Investment’s background and progress made to date I.B. Baseline – Purpose Statement: Describe, at a high-level, what activities will be implemented and what will be accomplished by this Investment. I.C. Baseline – Description: Provide a description of the current state of this Investment, its objectives, and any accomplishments that will be completed prior to the application of FY 2009 HSGP funds. Include in this description whether this is a new or ongoing Investment. Describe the capability gap(s) that this Investment is intended to address. 30 Question Scoring Criteria STRATEGY (15%) II.A. Strategy – State Preparedness Report: Explain how this Investment supports Initiatives in the State Preparedness Report. Please reference relevant page numbers in the State Preparedness Report. • Response provides linkage between the Investment and Initiatives from the State Preparedness Report • Response demonstrates how the Investment will contribute to reaching State Preparedness Report targets II.B. Strategy – Homeland Security Strategy goals and objectives: Explain how this Investment supports the State/territory/Urban Area Homeland Security Strategy goals and objectives. Please reference relevant goal and objective numbers in the State/territory/Urban Area Homeland Security Strategy. • Response provides linkage between the Investment and Homeland Security Strategy goals and objectives • Response demonstrates how the Investment will support the Homeland Security Strategy goals and objectives II.C. Strategy – Target Capabilities: From the drop-down boxes, select one primary and up to four secondary Target Capabilities that this Investment supports. For the primary Target Capability selected, provide an explanation of how it is supported by this Investment. • Response provides linkage between the Investment and the selected primary Target Capability • Response demonstrates how the Investment will support the selected primary Target Capability II.D. Strategy – National Priorities: From the drop-down boxes, select the National Priority(ies) that this Investment supports; up to four may be selected. The information provided is not scored as an individual section; however, it is considered in the Comprehensive Investment Score 31 Question Scoring Criteria FUNDING PLAN (15%) III.A. Funding Plan: Provide the total estimated cost to implement this Investment during the three year, FY 2009 HSGP period of performance by completing the following table: • For each solution area that has an associated FY 2009 HSGP cost, provide a brief summary of the planned expenditures (including personnel) • If this Investment includes an optional cost share, provide the cash or in- kind funding amounts in the appropriate section of the funding table and describe how those funds will be applied • Other sources of funding should be identified and described appropriately • Response references the appropriate activities, services, or products for the solution area • Response describes how the estimated HSGP costs will be used specifically towards this Investment • The optional cash and in-kind cost share identified are considered in the effectiveness analysis ACCOMPLISHMENTS, CHALLENGE MITIGATION (35%) III.B. Accomplishments: Identify up to five accomplishments that will be achieved within the three year, FY 2009 HSGP period of performance. For each accomplishment: • Identify the planned end date for when the accomplishment will occur • Identify at least one milestone that will indicate the Investment is progressing towards the accomplishment • Identify at least one challenge that may impede the achievement of the accomplishment within the period of performance • Each response provides a clear description of the Investment’s accomplishments • Milestones collectively present a clear sequence of events that will lead to the associated accomplishment • Challenges should describe potential barriers to both the successful implementation of the proposed Investment and the completion of the associated accomplishments within the FY 2009 HSGP period of performance 32 Question Scoring Criteria III.C. Challenge Mitigation: Explain how the management team described in the Overall section will mitigate challenges and ensure that the expected accomplishments and milestones for this Investment will be achieved within the three year, FY 2009 HSGP period of performance. • Response describes how the management team will mitigate challenges to meet milestones in order to achieve the accomplishments for the proposed Investment IMPACT (35%) IV.A. Impact on Identified Risk: Describe how achieving this Investment’s accomplishments will reduce your identified risk as described in the Overall Investment Justification question. • Response describes how the accomplishments will reduce risks outlined in the Overall Investment Justification question IV.B. Sustainability: Describe the long-term approach to sustaining the capabilities created or enhanced by this Investment, or explain why this Investment will not be sustained. • Response describes how the capabilities developed by this Investment will be maintained/sustained beyond the three year FY 2009 HSGP period of performance, or • Response describes why the Investment will not be maintained/sustained long-term Multi-Applicant Questions and Scoring Criteria Multi-Applicant Investments will use the same questions and scoring criteria indicated in the table above, but will also highlight the benefits of regional collaboration. The FY 2009 HSGP Investment Justification Reference Guide will outline how partners should coordinate to complete the Multi-Applicant Investment. C. Submission Dates and Times Completed applications must be submitted electronically through www.grants.gov no later than 11:59 PM EDT, March 20, 2009. Late applications will neither be considered nor reviewed. Upon successful submission, a confirmation e-mail message will be sent with a grants.gov tracking number, which is needed to track the status of the application. 33 D. Intergovernmental Review Executive Order 12372 requires applicants from State and local units of government or other organizations providing services within a State to submit a copy of the application to the State Single Point of Contact (SPOC), if one exists, and if this program has been selected for review by the State. Applicants must contact their State SPOC to determine if the program has been selected for State review. Executive Order 12372 can be referenced at http://www.archives.gov/federal-register/codification/executiveorder/ 12372.html. The names and addresses of the SPOCs are listed on OMB’s home page available at: http://www.whitehouse.gov/omb/grants/spoc.html. E. Funding Restrictions The applicable SAAs will be responsible for administration of the FY 2009 HSGP. In administering the program, the SAA must work with the eligible applicants to comply with the following general requirements: 1. HSGP Priorities Threshold. As noted before, FY 2009 HSGP will focus on six objectives as its highest priorities, of which at least 25 percent of HSGP funds must be dedicated to Strengthening Preparedness Planning. 2. Law Enforcement Terrorism Prevention. Per the 9/11 Act and Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (Public Law 110-329), FY 2009 HSGP will not contain a separate line-item Law Enforcement Terrorism Prevention Program (LETPP). However, States are still required to ensure that at least 25 percent of their SHSP award funds and 25 percent of their UASI award funds are dedicated towards law enforcement terrorism prevention-oriented planning, organization, training, exercise, and equipment activities. 3. Management and Administration (M&A) Limits. A maximum of up to three percent (3%) of funds awarded may be retained by the State, and any funds retained are to be used solely for management and administrative purposes associated with the HSGP award. States may pass through a portion of the State M&A allocation to local subgrantees to support local management and administration activities; the overall subgrantee M&A amount may not equal more than three percent (3%). 4. Allowable Costs. A crosswalk of allowable costs across the HSGP programs can be found in Part VIII of this Guidance package, along with additional detail on Planning, Equipment, Training, and Exercises costs. The following pages outline global allowable costs guidance applicable to all programs included in the HSGP. Allowable Investments made in support of the HSGP Priorities as well as other capability-enhancing projects must fall into the categories of Planning, Organization, Equipment, Training, or Exercises. Additional detail about each of these allowable expense categories, as well as sections on additional activities including explicitly unallowable costs is provided. In general, grantees should consult their FEMA 34 Program Analyst prior to making any Investment that does not clearly meet the allowable expense criteria established by the guidance. Planning Activities States and Urban Areas are strongly encouraged to use FY 2009 HSGP funds for planning efforts that enable them to prioritize needs, build capabilities, update preparedness strategies, allocate resources, and deliver preparedness programs across disciplines (e.g., law enforcement, fire, emergency medical service (EMS), public health, behavioral health, public works, agriculture, and information technology) and levels of government. Planning activities should focus on the four homeland security mission areas of prevention, protection, response, and recovery. All jurisdictions are encouraged to work through Citizen Corps Councils, nongovernmental entities, and the general public in planning activities.3 Organizational Activities (SHSP and UASI only) Section 2008 of the Homeland Security Act, as amended by the 9/11 Act, includes the following allowable activities: • Responding to an increase in the threat level under the Homeland Security Advisory System, or needs resulting from a National Special Security Event • Establishing, enhancing, and staffing State, local, and regional fusion centers • Paying salaries and benefits for personnel to serve as qualified intelligence analysts States and Urban Areas must justify proposed expenditures of SHSP or UASI funds to support organization activities within their Investment Justification submission by using historical data or other analysis.4 All States are allowed to utilize up to 50 percent of their FY 2009 SHSP funding and all Urban Areas are allowed up to 50 percent of their FY 2009 UASI funding for Organizational activities5. At the request of a recipient of a grant, the Administrator may grant a waiver of the limitation noted above (50 percent). • Overtime Costs -- Overtime costs are allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security and specifically requested by a Federal agency. Allowable costs are limited to overtime associated with Federally requested participation in eligible fusion activities including anti-terrorism task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by the Maritime Transportation Security Act of 2002), DHS Border Enforcement Security Task 3 Nongovernmental entities include the private sector and private nonprofit, faith-based, community, volunteer and other nongovernmental organizations. 4 The effectiveness of a request for the use of funds for allowable organizational costs will be judged on the Investment Justification to illustrate the need for such resources to effectively achieve a capability that will have a meaningful impact in the reduction of risk. 5 Note: Both organizational costs (e.g., intel analysts, operational overtime) and planning, equipment, training, exercise personnel costs are applied towards the 50 percent personnel cap. 35 Forces, and Integrated Border Enforcement Teams. Tribes must submit to DHS a written letter from a Federal agency which explicitly requests tribal staff participation in an eligible activity or illustrates how the activities support the roles and responsibilities of fusion centers as noted in Appendix 1 of the National Strategy for Information Sharing and provides an estimate of the size of the request in man-hours. Grant funding can only be used in proportion to the Federal man-hour estimate, and only after funding for these activities from other Federal sources (i.e. FBI JTTF payments to State and local agencies) has been exhausted. Under no circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal source. • Intelligence Analysts – Per the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412), SHSP and UASI funds may be used to hire new staff and/or contractor positions to serve as intelligence analysts to enable information/intelligence sharing capabilities, as well as support existing intelligence analysts previously covered by SHSP or UASI funding. In order to be hired as an intelligence analyst, staff and/or contractor personnel must meet at least one of the following criteria: o Successfully complete training to ensure baseline proficiency in intelligence analysis and production within six months of being hired; and/or, o Previously served as an intelligence analyst for a minimum of two years either in a Federal intelligence agency, the military, or State and/or local law enforcement intelligence unit All intelligence analyst training should be in accordance with Global’s Minimum Criminal Intelligence Training Standards for Law Enforcement and Other Criminal Justice Agencies in the United States, which outlines the minimum categories of training needed for intelligence analysts. These include subject-matter expertise, analytic methodologies, customer-service ethics, information handling and processing skills, critical thinking skills, computer literacy, and objectivity and intellectual honesty. A certificate of completion of such training must be on file with the tribe and must be made available to FEMA Program Analysts upon request. • Operational Overtime Costs. In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism, operational overtime costs are allowable for increased security measures at critical infrastructure sites during DHS-declared periods of Orange or Red threat levels. Subject to these elevated threat level conditions, FY 2009 SHSP or UASI funds for organizational costs may be used to support select operational expenses associated with increased security measures at critical infrastructure sites in the following authorized categories: 36 • Backfill and overtime expenses (as defined in this guidance) for staffing State or local fusion centers • Hiring of contracted security for critical infrastructure sites • Public safety overtime (as defined in this guidance) • National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package • Increased border security activities in coordination with US Customs and Border Protection (CBP), as outlined in Information Bulletin #135 Consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package. Note: States with UASI jurisdictions can use funds retained at the State level to reimburse eligible operational overtime expenses incurred by the State (per the above guidance limitations and up to a maximum of 50 percent of the State share of the UASI grant). Any UASI funds retained by the State must be used in direct support of the Urban Area. States must provide documentation to the UAWG and FEMA upon request demonstrating how any UASI funds retained by the State would directly support the Urban Area. Equipment Activities The 21 allowable prevention, protection, response, and recovery equipment categories and equipment standards for FY 2009 HSGP are listed on the web-based version of the Authorized Equipment List (AEL) on the Responder Knowledge Base (RKB), at https://www.rkb.us. The Standardized Equipment List (SEL) is located on this site as well. In some cases, items on the SEL are not allowable under HSGP or will not be eligible for purchase unless specific conditions are met. Unless otherwise stated, equipment must meet all mandatory regulatory and/or DHS-adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Training Activities States, territories, and Urban Areas are strongly encouraged to use HSGP funds to develop a State/territory homeland security training program. Allowable training- related costs under HSGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP, UASI, MMRS, and CCP grant programs. Allowable training topics include, but are not limited to, CBRNE terrorism, cyber/agriculture/food security, intelligence gathering and analysis, NIMS related training, citizen and community preparedness, and training for volunteers. Training conducted using HSGP funds should address a performance gap identified through an After Action Report/Improvement Plan (AAR/IP) or contribute to building 37 a capability that will be evaluated through an exercise. Exercises should be used to provide the opportunity to demonstrate and validate skills learned in training, as well as to identify training gaps. Any training or training gaps should be identified in the AAR/IP and addressed in the State or Urban Area training cycle. All training and exercises conducted with HSGP funds should support the development and testing of the jurisdiction’s Emergency Operations Plan (EOP) or specific annexes, where applicable. Exercise Activities Exercises conducted with FEMA support must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes One, Two, and Three contain guidance for exercise design, development, conduct, evaluation, and improvement planning. HSEEP Volume Four provides sample exercise materials, and HSEEP Volume Five: Prevention Exercises contains guidance and recommendations for designing, developing, conducting, and evaluating prevention-focused exercises. All volumes can be found at http://hseep.dhs.gov. All exercises using HSGP funding must be NIMS compliant. More information is available online at the NIMS Integration Center, http://www.fema.gov/emergency/nims/index.shtm. All Urban Areas are required to develop a Multi-year Training and Exercise Plan and submit it to FEMA on an annual basis. This plan must tie into the Multi-year Training and Exercise Plan developed by the State and aligns with the Urban Area Homeland Security Strategy. Further, Urban Areas are encouraged to develop a Multi-year Plan and Schedule that takes into consideration anticipated training needs of the Urban Area for at least the immediate year, with exercises being timed to provide responders the opportunity to utilize training received. Further guidance concerning Training and Exercise Plan Workshops can be found in the HSEEP Volumes. Urban Areas are eligible to apply for exercise direct support, but must do so in coordination with the SAA. Direct support exercises provided to Urban Areas will count against the amount of direct support allotted to the State for FY 2009. Personnel Activities Personnel hiring, overtime, and backfill expenses are permitted under this grant in order to perform allowable FY 2009 HSGP planning, training, exercise, and equipment activities. • A personnel cap of up to 50 percent of total program funds may be used for personnel and personnel-related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412). Grantees who wish to seek a waiver from the personnel cap must provide documentation explaining why the cap is unacceptable; waiver requests will be considered only under extreme 38 circumstances. In general, the use of HSGP grant funding to pay for staff and/or contractor regular time or overtime/backfill is considered a personnel cost. Activities that are considered “personnel” and “personnel-related”, and therefore count against the personnel cap of 50 percent include, but are not limited to: • Operational overtime • Overtime/backfill to participate in approved training or exercise deliveries • Salaries and personnel costs of intelligence analysts • Overtime to participate in intelligence sharing activities • Salaries and personnel costs of planners, equipment managers, exercise coordinators, and/or training coordinators • Salaries and personnel costs under the M&A category • Contractor costs associated with performing the above activities These activities are also subject to the funding and eligibility requirements detailed under the allowable cost categories. For further details, SAAs should contact their FEMA GPD Program Analyst. • Neither MMRS nor CCP have a personnel cap. • For MMRS, hiring, overtime, backfill and professional development expenses are allowable only for dedicated MMRS Leadership personnel to perform programmatic activities and that are deemed allowable under existing guidance. Supplanting, however, is not allowed. FY 2009 HSGP funds may not be used to support the hiring of any personnel for the purposes of fulfilling traditional public health and safety duties or to supplant traditional public health and safety positions and responsibilities. The following are definitions for the terms as used in this grant guidance: • Hiring – State and local entities may use grant funding to cover the salary of newly hired personnel who are exclusively undertaking allowable FEMA program activities as specified in this guidance. This may not include new personnel who are hired to fulfill any non-FEMA program activities under any circumstances. Hiring will always result in a net increase of FTEs. • Overtime – These expenses are limited to the additional costs which result from personnel working over and above 40 hours of weekly work time as a direct result of their performance of FEMA-approved activities specified in this guidance. Overtime associated with any other activity is not eligible. • Backfill-related Overtime – Also called “Overtime as Backfill,” these expenses are limited to overtime costs which result from personnel who are working overtime (as identified above) to perform the duties of other personnel who are temporarily assigned to FEMA-approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full-Time Equivalent (FTE) employees. 39 • Supplanting – Grant funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or grantees may be required to supply documentation certifying that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. Construction and Renovation Use of HSGP funds for construction and renovation is generally prohibited except as outlined below. Such construction and renovation shall be strictly limited and allowable only when it is a necessary component of a security system at critical infrastructure facilities. CCP and MMRS funds may not be used for any type of construction or renovation. Project construction and renovation not exceeding $1,000,000 is allowable, as deemed necessary. The following types of projects are considered to constitute construction or renovation, and must be submitted to FEMA for compliance review under Federal environmental planning and historic preservation (EHP) laws and requirements prior to initiation of the project: • Construction and renovation of guard facilities • Renovation of and modifications, including the installation of security and communication equipment, to buildings and structures that are 50 years old or older • Any other construction or renovation efforts that change or expand the footprint of a facility or structure, including security enhancements to improve perimeter security. • Physical security enhancements, including but not limited to: o Lighting o Fencing o Closed-circuit television (CCTV) systems o Motion detection systems o Barriers, doors, gates and related security enhancements In addition, the erection of communications towers that are included in a jurisdiction’s interoperable communications plan is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects must be submitted to FEMA for EHP review. Per the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (Public Law 110-329), communications towers are not subject to the $1,000,000 construction and renovation cap. In order to draw down funds for construction and renovation costs under HSGP, grantees must provide to FEMA: • A description of the asset or facility, asset location, whether the infrastructure is publicly or privately owned, and the construction or renovation project 40 • Certification that a facility vulnerability assessment has been conducted • An outline addressing how the construction or renovation project will address the identified vulnerabilities from the assessment • Consequences of not implementing the construction or renovation project • Any additional information requested by FEMA to ensure compliance with Federal environmental and historic preservation requirements Grantees should refer to FEMA’s Information Bulletin #271, Environmental and Planning and Historic Preservation Requirements for Grants. Additional information may also be found on the FEMA’s website located at http://www.fema.gov/plan/ehp/. Law Enforcement Terrorism Prevention-Oriented Allowable Costs Section 2006 of the Homeland Security Act, as amended by the 9/11 Act, includes the following allowable activities: • Overtime expenses consistent with a State homeland security plan, including enhanced operations in support of federal agencies, including border security and border crossing enforcement; • Establishing, enhancing and staffing State, local and regional fusion centers; • Paying salaries and benefits for personnel to serve as qualified intelligence analysts; • Any other terrorism prevention activity authorized by the Administrator • Provisions from Section 2008 also apply The broad parameters of the historical LETPP program are still allowable under SHSP and UASI. These include the following activities: • Information sharing and analysis • Target hardening • Threat recognition • Terrorist interdiction • Subject to the limitations on Organization and Personnel Costs outlined above, overtime expenses consistent with a State Homeland Security Plan, including for the provision of enhanced law enforcement operations in support of Federal agencies, including for increased border security and border crossing enforcement • Subject to the limitations on Organization and Personnel Costs outlined above, establishing, enhancing, and staffing State, local, and regional fusion centers with appropriately qualified personnel • Subject to the limitations on Organization and Personnel Costs outlined above, 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 41 Secure Identification In addition to the expenditures outlined above, SHSP funds may be used to support the Department’s efforts to enhance secure identification. Activities that facilitate secure identification, including IT enhancements for identification management and verification systems, are a priority. DHS is currently developing and implementing a number of high profile screening programs in which secure identification credentials figure prominently. These include the REAL ID program which aims to enhance the security, integrity and protection of licensing and identification systems across the country; the Transportation Worker Identification Credential (TWIC) program which promotes tamper-resistant biometric credentials for workers who require unescorted access to secure areas of ports, vessels, outer continental shelf facilities and all credentialed merchant mariners; and the credentialing of First Responders which entails enhancing real-time electronic authentication of identity and attribute(s) (qualification, certification, authorization, and/or privilege) of emergency response/critical government personnel responding to terrorist attacks or other catastrophic events. REAL ID specific allowable activities include: planning activities related to REAL ID compliance, related personal identification verification systems enhancements; personnel and management costs related to REAL ID compliance activities; and acquisitions for hardware and software related to ensuring compatibility with REAL ID technologies. As to TWIC, specific allowable activities include: projects that involve new installations or upgrades to access control and identity management systems that exhibit compliance with TWIC standards and program specifications. As to credentialing of First Responders, specific allowable activities include: development of standards-based technologies, policies, protocols, and practices for portable and functional solutions to first responder identification issues. Note: Secure Identification projects requested and funded under SHSP must directly support SHSP mission goals and cannot supplant projects/activities funded under the REAL ID Grant Program. F. Other Submission Requirements The FY 2009 Investment Justification for HSGP will be web-based. The Investment Justification will be completed by applicants using the Grants Reporting Tool (GRT). Once Investment Justifications are marked ‘complete’ in GRT by applicants, the SAA will then need to submit the final application through grants.gov. Please allow enough time before (or no later than 11:59 PM EDT) March 20, 2009 to complete the Investment Justification in GRT and submit the required application materials in grants.gov. 42 The following steps must be completed to submit an Investment Justification to FEMA GPD: 1. Log into the GRT On January 1, 2009 users will be directed to log into the GRT to begin their completion of the online Investment Justification. In order to complete the Investment Justification, applicants should direct their web browser to https://www.reporting.odp.dhs.gov/. To login, all users must have active GRT accounts and permission from their “SAA Admin” (as identified in the GRT) to edit and submit the online Investment Justification. SAA Admin users are asked to grant permissions to all State and local users that need applicable access to the Investment Justification Submission module. If you are an SAA responsible for the completion and submission of your Investment Justification and do not have a GRT account, please contact your FEMA Program Analyst. Once access has been granted, users may enter the Investment Justification Submission module, via the GRT, and complete their online Investment Justification. 2. Complete the Investment Justification in the GRT The purpose of the Investment Justification Submission Module is to provide users the ability to complete and submit their FY 2009 Investment Justification online. A MS Word worksheet has been provided by FEMA to users so that they may begin completing their Investments prior to inputting the data into GRT. Users can create up to 15 Investments and will have the opportunity to designate one or more of those Investments as a Multi-Applicant Investment (based on a submitting partner). Once finished entering Investment Justification information, State and local users can mark their Investments ‘complete’ and notify their SAA Admin of their Investment status. Upon completion of all Investments, the SAA Admin is then required to make the final submission to FEMA through grants.gov (see Step 3). 3. Submit Investment Justification through grants.gov After the Investment Justification application has been marked ‘complete’ in the GRT, SAAs on behalf of applicants thereafter must also apply through grants.gov at http://www.grants.gov to complete the submission process. Please allow enough time before (or no later than 11:59 PM EDT) March 20, 2009: • Complete the Investment Justification in the GRT first: and • Upload the required application materials into grants.gov. Additional technical information regarding GRT Investment Justification Submission will be available to all users in the GRT IJ Submission Technical User’s Guide. 43 PART V. APPLICATION REVIEW INFORMATION A. Review Criteria FY 2009 HSGP will use risk-based prioritization for SHSP and UASI consistent with DHS policy outlined in this guidance document. Each applicant’s targeted allocation will be determined using a combination of the results of the risk and effectiveness analyses. Applications will be evaluated through a State and local peer review process for completeness, adherence to programmatic guidelines, feasibility, and how well the proposed Investment addresses the identified need(s) or capability shortfall(s). The Investment Justification requires narrative on strategic alignment, funding plan, milestones, project management, potential challenges, impact, and sustainability for each Investment. This information will be used to evaluate the anticipated effectiveness of all proposed Investments. Please refer to Section IV.B. for the Investment Justification questions and scoring criteria. B. Review and Selection Process The following process will be used to make awards under the program: • FEMA will verify compliance with all administrative and eligibility criteria identified in the application kit, to include the required submission of Investment Justification by the established due dates. • Eligible applications will be reviewed and scored through a State and local peer review process to analyze the anticipated effectiveness of proposed Investments. State and Urban Area Homeland Security Strategies and State Preparedness Reports will be reviewed by the peer review panels for context, but will not be scored. • FEMA will use the results of both the risk analysis and the peer review to make recommendations for targeted funding to the Secretary of Homeland Security. Note: Upon award, the recipient may only fund Investments that were included in the FY 2009 Investment Justification that was submitted to FEMA and evaluated through the peer review process. In addition, release of targeted HSGP funding is subject to successful completion and approval of Investment Justifications. Funds Transfer Restriction. The recipient is prohibited from transferring funds between programs (SHSP, UASI, MMRS, and CCP). 44 Fusion Centers. The recipient agrees that funds utilized to establish or enhance designated state and Urban Area fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and the National Strategy for Information Sharing, and achievement of a baseline level of capability as defined by Global’s Baseline Capabilities for State and Major Urban Area Fusion Centers, a supplement to the Fusion Center Guidelines, located at http://www.it.ojp.gov/documents/baselinecapabilitiesa.pdf. Multi-State Investments. The recipient agrees to fund any multi-state or multi-urban area Investments that were included in the FY 2009 Investment Justification that was submitted to FEMA and received a bonus in the effectiveness analysis. C. Anticipated Announcement and Award Dates FEMA will evaluate and act on applications within 90 days following close of the application period, consistent with the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329). Awards will be made on or before September 30, 2009. 45 PART VI. AWARD ADMINISTRATION INFORMATION A. Notice of Award Upon approval of an application, the grant will be awarded to the grant recipient. The date that this is done is the “award date.” Notification of award approval is made through the Grants Management System (GMS). Once an award has been approved, a notice is sent to the authorized grantee official. Follow the directions in the notification and log into GMS to access the award documents. The authorized grantee official should carefully read the award and special condition documents. If you do not receive a notification, please contact your Program Analyst for your award number. Once you have the award number, contact the GMS Help Desk at (888) 549-9901, option 3, to obtain the username and password associated with the new award. Awards made to SAAs for the HSGP carry additional pass-through requirements. Pass- through is defined as an obligation on the part of the States to make funds available to local units of government6, combinations of local units, or other specific groups or organizations. The State’s pass-through period must be met within 45 days of the award date for the HSGP7. Four requirements must be met to pass-through grant funds: • There must be some action to establish a firm commitment on the part of the awarding entity. • The action must be unconditional (i.e., no contingencies for availability of SAA funds) on the part of the awarding entity. • There must be documentary evidence of the commitment. • The award terms must be communicated to the official grantee. The SAA must obligate at least 80 percent of the funds awarded under SHSP and UASI to local units of government within 45 days of receipt of the funds. For Puerto Rico, the SAA must also obligate at least 80 percent of the funds to local units of government 6 As defined in the House Report (H. Rept. 110-862) and the Senate Report (S. Rept. 110-396) accompanying the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (Public Law 110-329), the term “local unit of government” means “any county, city, village, town, district, borough, parish, port authority, transit authority, intercity rail provider, commuter rail system, freight rail provider, water district, regional planning commission, council of government, Indian tribe with jurisdiction over Indian country, authorized Tribal organization, Alaska Native village, independent authority, special district, or other political subdivision of any State.” 7 For purposes of the FY 2009 HSGP, receipt of funds means the date on which funds are available for expenditure (e.g., all special conditions prohibiting obligation, expenditure and draw down have been removed). 46 within 45 days of receipt of the funds. Additionally, no pass-through requirements will be applied to the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Any UASI funds retained by the SAA must be used to directly support the designated Urban Areas in the State. States must obligate at least 97 percent of MMRS grant funds within 45 days of receipt. There are no obligation requirements for CCP. However, if funds are retained, consultation with local Citizen Corps Councils is required to ensure funds are expended in a manner that supports local or statewide efforts to educate, train, and involve citizens. Jurisdictions are encouraged to leverage available funding resources to support community preparedness and participation. For SHSP and UASI programs involving obligation of funds, the State may retain some of the allocation of grant funds for expenditures made by the State on behalf of the local unit of government or Urban Area jurisdiction. This may occur only with the written consent of the local unit of government or Urban Area jurisdiction, with the written consent specifying the amount of funds to be retained and the intended use of funds. If a written consent agreement is already in place from previous fiscal years, FEMA will continue to recognize it for FY 2009. If any modifications to the existing agreement are necessary to reflect new initiatives, States should contact their assigned Program Analyst. FEMA will track the congressionally-mandated obligation of funds to local units of government through each State’s Initial Strategy Implementation Plan. In addition, FEMA strongly encourages the timely obligation of funds from local units of government to other subgrantees, as appropriate. The period of performance is 36 months. Any unobligated funds will be deobligated at the end of the 90 day close-out period. Extensions to the period of performance will be considered only through formal requests to FEMA with specific and compelling justifications why an extension is required. B. Administrative and National Policy Requirements 1. State Preparedness Report. The Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295) requires any State that receives Federal preparedness assistance to submit a State Preparedness Report to DHS. FEMA will provide additional guidance on the requirements for updating State Preparedness Reports. Receipt of this report is a prerequisite for applicants to receive any FY 2009 DHS preparedness grant funding. 2. Standard Financial Requirements. The grantee and any subgrantee shall comply with all applicable laws and regulations. A non-exclusive list of regulations commonly applicable to DHS grants are listed below: 47 2.1 -- Administrative Requirements. • 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110) 2.2 -- Cost Principles. • 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87) • 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) • 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122) • Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations 2.3 -- Audit Requirements. • OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations 2.4 -- Duplication of Benefits. There may not be a duplication of any federal assistance, per A-87, Basic Guidelines Section C.3 (c), which states: Any cost allocable to a particular Federal award or cost objective under the principles provided for in this Circular may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons. However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with existing program agreements. 3. Non-supplanting Requirement. Grant funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or grantees may be required to supply documentation certifying that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 4. Technology Requirements. 4.1 -- National Information Exchange Model (NIEM). FEMA requires all grantees to use the latest NIEM specifications and guidelines regarding the use of Extensible Markup Language (XML) for all grant awards. Further information about the required use of NIEM specifications and guidelines is available at http://www.niem.gov. 4.2 -- Geospatial Guidance. Geospatial technologies capture, store, analyze, transmit, and/or display location-based information (i.e., information that can be linked to a latitude and longitude). FEMA encourages grantees to align any 48 geospatial activities with the guidance available on the FEMA website at http://www.fema.gov/grants. 4.3 -- 28 CFR Part 23 guidance. FEMA requires that any information technology system funded or supported by these funds comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if this regulation is determined to be applicable. 5. Administrative Requirements. 5.1 -- Freedom of Information Act (FOIA). FEMA recognizes that much of the information submitted in the course of applying for funding under this program or provided in the course of its grant management activities may be considered law enforcement sensitive or otherwise important to national security interests. While this information under Federal control is subject to requests made pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §552, all determinations concerning the release of information of this nature are made on a case-by-case basis by the FEMA FOIA Office, and may likely fall within one or more of the available exemptions under the Act. The applicant is encouraged to consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. The applicant may also consult FEMA regarding concerns or questions about the release of information under State and local laws. The grantee should be familiar with the regulations governing Sensitive Security Information (49 CFR Part 1520),