DEPARTMENT OF HOMELAND SECURITY

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1 DEPARTMENT OF HOMELAND SECURITY CFDA HOMELAND SECURITY GRANT PROGRAM I. PROGRAM OBJECTIVES The purpose of the Homeland Security Grant Program (HSGP) is to support State and local efforts to prevent acts of terrorism and other catastrophic events, and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. The HSGP supports core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery. HSGP is comprised of three grant programs: State Homeland Security Program (SHSP) Urban Areas Security Initiative (UASI) Operation Stonegarden (OPSG) Together, these grant programs fund a range of activities, including planning, organization, equipment purchase, training, exercises, and management and administration across all core capabilities and mission areas. II. PROGRAM PROCEDURES All 50 States, the Territories, and the Commonwealths are eligible to apply for SHSP funds. For those States, Territories and Commonwealths that are eligible for SHSP, UASI and/or OPSG funds, the State Administrative Agency (SAA) is the only entity eligible to submit applications to FEMA on behalf of UASI and OPSG applicants. Eligible subgrantees under OPSG are local units of government at the county level and federally recognized tribal governments in the States bordering Canada, States bordering Mexico, and States and Territories with international water borders. All applicants must have active ongoing U. S. Customs and Border Protection (CBP) operations coordinated through a CBP sector office. Eligible States and Territories with a county or similar level of government structure are authorized to accept applications on behalf of the units of local government and federally recognized tribal governments. Eligible subgrantees for the UASI Program are determined through an analysis of relative risk of terrorism faced by the 100 most populous metropolitan statistical areas (MSAs) in the United States. Subawards will be made by the SAA to the designated Urban Areas. Compliance Supplement

2 Since its inception, the HSGP has included various funding streams (programs), including the SHSP, the Law Enforcement Terrorism Prevention Program (LETPP), the Citizens Corps Program (CCP), the UASI Program, Metropolitan Medical Response System (MMRS), and OPSG. Over the years, the HSGP programs have evolved to address the needs of communities by providing resources to address capability gaps. The current programs and their objectives are as follows: State Homeland Security Program: SHSP supports the implementation of risk-driven, capabilities-based State homeland security strategies to address capability targets set in urban area, State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs). The capability targets are established during the THIRA process and assessed in the State Preparedness Report and inform planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. Urban Areas Security Initiative: The UASI program addresses the unique risk-driven and capabilities-based planning, organization, equipment, training, and exercise needs of high-threat, high-density urban areas based on the capability targets identified during the THIRA process and associated assessment efforts, and assists them in building an enhanced and sustainable capacity to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. Operation Stonegarden: OPSG supports enhanced cooperation and coordination between CBP Border Patrol and local, tribal, territorial, State, and Federal law enforcement agencies in a joint mission to secure the United States borders along routes of ingress from international borders to include travel corridors in States bordering Mexico and Canada, as well as States and Territories with international water borders. See IV, Other Information, for information concerning these and previous HSGP programs. Source of Governing Requirements These programs are authorized under Title III of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (Pub. L. No , Division D); the FY 2010 Department of Homeland Security Appropriations Act (Pub. L. No ); the FY 2011 Department of Defense and Full-Year Continuing Appropriations Act (Pub. L. No ); and the Consolidated Appropriations Act, 2012, Division D (Pub. L. No ); the Consolidated and Further Continuing Appropriations Act, 2013 (Pub. L. No ); and the Department of Homeland Security Appropriations Act, 2014 (Pub. L. No ). There are no program regulations. The applicable program guidance is incorporated by reference into awards and becomes part of the terms and conditions of award. Availability of Other Program Information Additional information is available at Compliance Supplement

3 III. COMPLIANCE REQUIREMENTS In developing the audit procedures to test compliance with the requirements for a Federal program, the auditor should first look to Part 2, Matrix of Compliance Requirements, to identify which of the 12 types of compliance requirements described in Part 3 are applicable and then look to Parts 3 and 4 for the details of the requirements. A. Activities Allowed or Unallowed 1. Activities Allowed General a. Funds may be used to enhance the capability of State and local jurisdictions to prepare for and respond to terrorist acts including events of terrorism involving weapons of mass destruction and biological, nuclear, radiological, incendiary, chemical, and explosive devices. Allowable activities include purchase of needed equipment and provision of training and technical assistance to State and local first responders (42 USC 3714(b)). Funds may be used under the following categories: planning, organization, equipment, training and exercises. b. Funds may be used for management and administration (Pub. L. No , 123 Stat. 2161), Consolidated Appropriations Act, 2012 (Pub. L. No , 125 Stat. 961; Consolidated Appropriations Act, 2013 (Pub. L. No , 127 Stat. 358) (see III.G.3.a. for a limitation). 2. Activities Allowed FYs a. As directed by the Personnel Reimbursement for Intelligence Corporation and Enhancement (PRICE) of Homeland Security Act (Pub. L. No ), all personnel and personnel-related costs, including those of intelligence analysts and operational overtime, are allowed up to 50 percent of HSGP funding without time limitation placed on the period of time that such personnel can serve. b. Critical emergency supplies are an allowable expense under the SHSP and the UASI Program only in furtherance of DHS mission (applicable Funding Opportunity Announcement). c. SHSP funds may be used to support the implementation activities associated with the Western Hemisphere Travel Initiative (WHTI), including the issuance of WHTI-compliant tribal identification cards and driver s license and identification security enhancements (applicable Funding Opportunity Announcement). d. OPSG funds may be used for operational overtime costs associated with law enforcement activities, in support of border law enforcement agencies for increased border security enhancement. Compliance Supplement

4 3. Activities Unallowed FYs C. Cash Management a. Funds awarded for law enforcement terrorism prevention activities under SHSP and UASI cannot be used for construction of facilities, except for a minor perimeter security project, not to exceed the greater of $1,000,000 or 15 percent of the grant award, as determined necessary by the Secretary of Homeland Security. The erection of communication towers, which are included in a jurisdiction s interoperable communications plan, does not constitute construction (Pub. L. No ; Pub. L. No ; Pub. L. No , Division D; Pub. L. No , 123 Stat. 2161; Consolidated Appropriations Act, 2012 (Pub. L. No , 125 Stat. 961); Consolidated Appropriations Act, 2013 (Pub. L. No , 127 Stat. 358); and Department of Homeland Security Appropriations Act, 2014 (Pub. L. No Stat 262)). Subject to all applicable laws, regulations, and licensing provisions, projects for the installation of communication towers are typically eligible under the program. Such projects are not considered construction, and, therefore, are, not subject to the otherwise applicable funding limits on construction activities. b. HSGP funds may not be used to support the hiring of sworn public safety officers for purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities (6 USC 609(b)(1)(A)). c. OPSG funds may not be used for staffing (other than overtime) and general information technology computing equipment and hardware, such as personal computers, faxes, copy machines, and modems (FY 2009-FY 2014 Funding Opportunity Announcements). HSGP awards to States are exempted from the provisions of 31 USC 6503(a) (the Cash Management Improvement Act (CMIA)) (Sec. 521, Pub. L. No ; Pub.L. No ). Grantees are permitted to draw down funds up to 120 days prior to expenditure/disbursement, but must place those funds in an interest-bearing account, and the interest earned must be submitted to the U.S. Treasury. All other cash management requirements of OMB Circular A-102, as implemented by FEMA at 44 CFR sections and 13.23, OMB Circular A-110, and 2 CFR part 200, as adopted by DHS at 2 CFR section , including the Cash Management Improvement Act (31 USC 6503; 31 CFR part 205), as applicable, related to the retention and payment of interest apply. Compliance Supplement

5 G. Matching, Level of Effort, Earmarking 1. Matching Not Applicable 2. Level of Effort Not Applicable 3. Earmarking L. Reporting a. Beginning in FY 2010, the amount of HSGP funds (exclusive of OPSG funds, if any (House Report to FY 2010 Department of Homeland Security Appropriations Act)) that grantees can allocate towards management and administration costs is five percent. Beginning in FY 2011, five percent of OPSG funds may be used for costs of management and administration (discretionary decision by agency based on feedback from state and local stakeholders). b. Each State must obligate 80 percent of grant funds under the SHSP and UASI programs to local units of government, as well as 100 percent of the OPSG award amount (Title III, Pub. L. No ; Title III, Pub. L. No ; Title III, Pub. L. No ; Title III, Pub. L. No ). Beginning in FY 2010, OPSG funds are included in this requirement (Title I, Chapter 6, Pub. L. No , 117 Stat 583; 6 USC 605(c)(1)). c. At least 25 percent of HSGP funds in FY 2009 were required to be allocated to the Strengthening Preparedness Planning Priority (see d. At least 25 of HSGP funds must be used for law enforcement terrorism activities (http://www.fema.gov/pdf/government/grant/hsgp/fy08_hsgp_guide.pdf and subsequent Funding Opportunity Announcements). 1. Financial Reporting a. SF-270, Request for Advance or Reimbursement Not Applicable b. SF-271, Outlay Report and Request for Reimbursement for Construction Programs Not Applicable c. SF-425, Federal Financial Report Applicable 2. Performance Reporting Not Applicable 3. Special Reporting Not Applicable Compliance Supplement

6 N. Special Tests and Provisions Subgrant Awards Compliance Requirement States must obligate funds for subgrants within 45 days after the date of the grant award (6 USC 605(c)(1)). Obligate has the same meaning as in Federal appropriations law, i.e., there must be an action by the State to establish a firm commitment; the commitment must be unconditional on the part of the State; there must be documentary evidence of the commitment, and the award terms must be communicated to the subgrantee and, if applicable, accepted by the grantee. Audit Objectives To determine if (1) the State complied with the requirement to obligate funds for subgrants within 45 days after the date of the grant award, and (2) subgrantees were able to draw down funds immediately following State obligation of funds. Suggested Audit Procedures a. Determine if the State has written procedures for making subgrant awards, including any standards for administrative lead-time for obligation of funds and issuance of awards. b. Review the State s written procedures, if any, for consistency with the compliance requirement. c. Determine if subgrant amounts were obligated by the State in a timely manner, consistent with HSGP requirements and the State s own procedures. d. Select a sample of subgrant awards under this program and review the subrecipients payment requests to determine if funds were disbursed by the State to the local government consistent with the dates of their awards. IV. OTHER INFORMATION When completing the Schedule of Expenditures of Federal Awards (SEFA), recipients should record their expenditures using the CFDA number(s) shown on the legal award document for the period in which the funds were awarded. Subawards issued by the primary grantee are legally binding agreements, and, therefore, CFDA numbers cited by the grantee in the subgrant award must be used by the subgrantee as the CFDA reference in the SEFA. Expenditures identified under this program in the current audit period may be attributable to awards made in both the current or prior years. The current and previous CFDA numbers are shown in the following table. Compliance Supplement

7 Year of Grant SHSP 1 UASI CCP LETPP MMRS OPSG Program no longer a separate line-item Program no longer a separate line-item Program no longer a separate line item Program no longer a separate line item N/A (not part of the cluster/program) Program no longer a separate line item It also should be noted that, except as otherwise provided by statute, DHS awards of property and/or equipment are subject to the requirements of OMB Circular A-133/2 CFR part 200 subpart F. A DHS policy statement that addresses this requirement is available at 1 On October 11, 2010, the State Domestic Preparedness Equipment Support Program was renamed as the State Homeland Security (Grant) Program (SHSP) (CFDA ), which is one of the component programs that was merged or consolidated into the Homeland Security Grant program (CFDA ) Compliance Supplement

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