Page:United States Statutes at Large Volume 121.djvu/305

 121 STAT. 284

PUBLIC LAW 110–53—AUG. 3, 2007

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‘‘(11) paying expenses directly related to administration of the grant, except that such expenses may not exceed 3 percent of the amount of the grant; ‘‘(12) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the State Homeland Security Grant Program, the Urban Area Security Initiative (including activities permitted under the full-time counterterrorism staffing pilot), or the Law Enforcement Terrorism Prevention Program; and ‘‘(13) any other appropriate activity, as determined by the Administrator. ‘‘(b) LIMITATIONS ON USE OF FUNDS.— ‘‘(1) IN GENERAL.—Funds provided under section 2003 or 2004 may not be used— ‘‘(A) to supplant State or local funds, except that nothing in this paragraph shall prohibit the use of grant funds provided to a State or high-risk urban area for otherwise permissible uses under subsection (a) on the basis that a State or high-risk urban area has previously used State or local funds to support the same or similar uses; or ‘‘(B) for any State or local government cost-sharing contribution. ‘‘(2) PERSONNEL.— ‘‘(A) IN GENERAL.—Not more than 50 percent of the amount awarded to a grant recipient under section 2003 or 2004 in any fiscal year may be used to pay for personnel, including overtime and backfill costs, in support of the permitted uses under subsection (a). ‘‘(B) WAIVER.—At the request of the recipient of a grant under section 2003 or 2004, the Administrator may grant a waiver of the limitation under subparagraph (A). ‘‘(3) CONSTRUCTION.— ‘‘(A) IN GENERAL.—A grant awarded under section 2003 or 2004 may not be used to acquire land or to construct buildings or other physical facilities. ‘‘(B) EXCEPTIONS.— ‘‘(i) IN GENERAL.—Notwithstanding subparagraph (A), nothing in this paragraph shall prohibit the use of a grant awarded under section 2003 or 2004 to achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism, including through the alteration or remodeling of existing buildings for the purpose of making such buildings secure against acts of terrorism. ‘‘(ii) REQUIREMENTS FOR EXCEPTION.—No grant awarded under section 2003 or 2004 may be used for a purpose described in clause (i) unless— ‘‘(I) specifically approved by the Administrator; ‘‘(II) any construction work occurs under terms and conditions consistent with the requirements under section 611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9)); and ‘‘(III) the amount allocated for purposes under clause (i) does not exceed the greater of $1,000,000 or 15 percent of the grant award.

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