---
kind: "section"
citation: "6 U.S.C. § 609"
title: "6"
title_heading: "Domestic Security"
number: "609"
heading: "Use of funds"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/609"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter XV — Homeland Security Grants"
  - "Part A — Grants to States and High-Risk Urban Areas"
---

# §609. Use of funds

- (a) **Permitted uses—** The [Administrator](/usc/6/601.md?p=1) shall permit the recipient of a grant under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title to use grant [funds](/usc/6/677a.md?p=5) to achieve [target capabilities](/usc/6/601.md?p=13) related to preventing, preparing for, protecting against, and responding to acts of [terrorism](/usc/6/101.md?p=18), consistent with a [State](/usc/6/101.md?p=17) [homeland](/usc/6/101.md?p=1) security plan and relevant local, tribal, and regional [homeland](/usc/6/101.md?p=1) security plans, including by working in conjunction with a National Laboratory (as defined in [section 15801(3) of title 42](/usc/42/15801.md?p=3)), through—
  - (1) developing and enhancing [homeland](/usc/6/101.md?p=1) security, [emergency management](/usc/6/701.md?p=7), or other relevant plans, assessments, or mutual aid agreements;
  - (2) designing, conducting, and evaluating training and exercises, including training and exercises conducted under [section 321a of this title](/usc/6/321a.md) and [section 748 of this title](/usc/6/748.md);
  - (3) protecting a system or asset included on the prioritized [critical infrastructure](/usc/6/101.md?p=4) list established under [section 664(a)(2) of this title](/usc/6/664.md?p=a-2);
  - (4) purchasing, upgrading, storing, or maintaining equipment, including computer hardware and software;
  - (5) ensuring operability and achieving interoperability of [emergency](/usc/6/701.md?p=6) communications;
  - (6) responding to an increase in the threat level under the [Homeland](/usc/6/101.md?p=1) Security Advisory System, or to the needs resulting from a [National Special Security Event](/usc/6/601.md?p=9);
  - (7) establishing, enhancing, and staffing with appropriately qualified [personnel](/usc/6/101.md?p=15) [State](/usc/6/101.md?p=17), local, and regional fusion [centers](/usc/6/681.md?p=1) that comply with the guidelines established under [section 124h(i) of this title](/usc/6/124h.md?p=i);
  - (8) enhancing school preparedness;
  - (9) enhancing the security and preparedness of secure and nonsecure areas of eligible airports and surface transportation systems;
  - (10) supporting public safety answering points;
  - (11) paying salaries and benefits for [personnel](/usc/6/101.md?p=15), including individuals employed by the grant recipient on the date of the relevant grant application, to serve as [qualified intelligence analysts](/usc/6/601.md?p=12), regardless of whether such analysts are current or new full-time employees or contract employees;
  - (12) paying expenses directly related to administration of the grant, except that such expenses may not exceed 3 percent of the amount of the grant;
  - (13) any activity permitted under the Fiscal Year 2007 Program Guidance of the [Department](/usc/6/101.md?p=5) for the [State](/usc/6/101.md?p=17) [Homeland](/usc/6/101.md?p=1) Security Grant Program, the Urban Area Security Initiative (including activities permitted under the full-time counterterrorism staffing pilot), or the Law Enforcement [Terrorism](/usc/6/101.md?p=18) Prevention Program;
  - (14) migrating any online service (as defined in section 3 of the DOTGOV Online Trust in Government Act of 2020)[^1] to the .gov internet domain; and
  - (15) any other appropriate activity, as determined by the [Administrator](/usc/6/601.md?p=1).
- (b) **Limitations on use of funds—**
  - (1) **In general—** [Funds](/usc/6/677a.md?p=5) provided under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title may not be used—
    - (A) to supplant [State](/usc/6/101.md?p=17) or local [funds](/usc/6/677a.md?p=5), except that nothing in this paragraph shall prohibit the use of grant [funds](/usc/6/677a.md?p=5) provided to a [State](/usc/6/101.md?p=17) or [high-risk urban area](/usc/6/601.md?p=6) for otherwise permissible uses under [subsection (a)](#a) on the basis that a [State](/usc/6/101.md?p=17) or [high-risk urban area](/usc/6/601.md?p=6) has previously used [State](/usc/6/101.md?p=17) or local [funds](/usc/6/677a.md?p=5) to support the same or similar uses; or
    - (B) for any [State](/usc/6/101.md?p=17) or [local government](/usc/6/101.md?p=13) cost-sharing contribution.
  - (2) **Personnel—**
    - (A) **In general—** Not more than 50 percent of the amount awarded to a grant recipient under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title in any fiscal year may be used to pay for [personnel](/usc/6/101.md?p=15), including overtime and backfill costs, in support of the permitted uses under [subsection (a)](#a).
    - (B) **Waiver—** At the request of the recipient of a grant under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title, the [Administrator](/usc/6/601.md?p=1) may grant a waiver of the limitation under [subparagraph (A)](#b-2-A).
  - (3) **Limitations on discretion—**
    - (A) **In general—** With respect to the use of amounts awarded to a grant recipient under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title for [personnel](/usc/6/101.md?p=15) costs in accordance with paragraph (2) of this subsection, the [Administrator](/usc/6/601.md?p=1) may not—
      - (i) impose a limit on the amount of the award that may be used to pay for [personnel](/usc/6/101.md?p=15), or [personnel](/usc/6/101.md?p=15)-related, costs that is higher or lower than the percent limit imposed in [paragraph (2)(A)](#b-2-A); or
      - (ii) impose any additional limitation on the portion of the [funds](/usc/6/677a.md?p=5) of a recipient that may be used for a specific type, purpose, or category of [personnel](/usc/6/101.md?p=15), or [personnel](/usc/6/101.md?p=15)-related, costs.
    - (B) **Analysts—** If amounts awarded to a grant recipient under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title are used for paying salary or benefits of a [qualified intelligence analyst](/usc/6/601.md?p=12) under [subsection (a)(10)](#a-10),[^1] the [Administrator](/usc/6/601.md?p=1) shall make such amounts available without time limitations placed on the period of time that the analyst can serve under the grant.
  - (4) **Construction—**
    - (A) **In general—** A grant awarded under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title may not be used to acquire land or to construct buildings or other physical facilities.
    - (B) **Exceptions—**
      - (i) **In general—** Notwithstanding [subparagraph (A)](#b-4-A), nothing in this paragraph shall prohibit the use of a grant awarded under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title to achieve [target capabilities](/usc/6/601.md?p=13) related to preventing, preparing for, protecting against, or responding to acts of [terrorism](/usc/6/101.md?p=18), including through the alteration or remodeling of existing buildings for the purpose of making such buildings secure against acts of [terrorism](/usc/6/101.md?p=18).
      - (ii) **Requirements for exception—** No grant awarded under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title may be used for a purpose described in [clause (i)](#b-4-B-i) unless—
        - (I) specifically approved by the [Administrator](/usc/6/601.md?p=1);
        - (II) any construction work occurs under terms and conditions consistent with the requirements under [section 5196(j)(9) of title 42](/usc/42/5196.md?p=j-9); and
        - (III) the amount allocated for purposes under [clause (i)](#b-4-B-i) does not exceed the greater of $1,000,000 or 15 percent of the grant award.
  - (5) **Recreation—** Grants awarded under this part may not be used for recreational or social purposes.
- (c) **Multiple-purpose funds—** Nothing in this part shall be construed to prohibit [State](/usc/6/101.md?p=17), local, or [tribal governments](/usc/6/601.md?p=14) from using grant [funds](/usc/6/677a.md?p=5) under sections [604](/usc/6/604.md), [605](/usc/6/605.md), and [609a](/usc/6/609a.md) of this title in a manner that enhances preparedness for disasters unrelated to acts of [terrorism](/usc/6/101.md?p=18), if such use assists such governments in achieving [target capabilities](/usc/6/601.md?p=13) related to preventing, preparing for, protecting against, or responding to acts of [terrorism](/usc/6/101.md?p=18).
- (d) **Reimbursement of costs—**
  - (1) **Paid-on-call or volunteer reimbursement—** In addition to the activities described in [subsection (a)](#a), a grant under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title may be used to provide a reasonable stipend to paid-on-call or volunteer [emergency response providers](/usc/6/101.md?p=6) who are not otherwise compensated for travel to or participation in training or exercises related to the purposes of this part. Any such reimbursement shall not be considered compensation for purposes of rendering an [emergency response provider](/usc/6/701.md?p=8) an employee under the Fair Labor Standards Act of 1938 ([29 U.S.C. 201](/usc/29/201.md) et seq.).
  - (2) **Performance of Federal duty—** An applicant for a grant under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title may petition the [Administrator](/usc/6/601.md?p=1) to use the [funds](/usc/6/677a.md?p=5) from its grants under those sections for the reimbursement of the cost of any activity relating to preventing, preparing for, protecting against, or responding to acts of [terrorism](/usc/6/101.md?p=18) that is a Federal duty and usually performed by a [Federal agency](/usc/6/677a.md?p=4), and that is being performed by a [State](/usc/6/101.md?p=17) or [local government](/usc/6/101.md?p=13) under agreement with a [Federal agency](/usc/6/677a.md?p=4).
- (e) **Flexibility in unspent homeland security grant funds—** Upon request by the recipient of a grant under section [604](/usc/6/604.md), [605](/usc/6/605.md), or [609a](/usc/6/609a.md) of this title, the [Administrator](/usc/6/601.md?p=1) may authorize the grant recipient to transfer all or part of the grant [funds](/usc/6/677a.md?p=5) from uses specified in the grant agreement to other uses authorized under this section, if the [Administrator](/usc/6/601.md?p=1) determines that such transfer is in the interests of [homeland](/usc/6/101.md?p=1) security.
- (f) **Equipment standards—**
  - (1) **Application requirement—** If an applicant for a grant under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title proposes to upgrade or purchase, with assistance provided under that grant, new equipment or systems that do not meet or exceed any applicable national [voluntary](/usc/6/671.md?p=6-A) consensus standards developed under [section 747 of this title](/usc/6/747.md), the applicant shall include in its application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards.
  - (2) **Review process—** The [Administrator](/usc/6/601.md?p=1) shall implement a uniform process for reviewing applications that, in accordance with [paragraph (1)](#f-1), contain explanations to use grants provided under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title to purchase equipment or systems that do not meet or exceed any applicable national [voluntary](/usc/6/671.md?p=6-A) consensus standards developed under [section 747 of this title](/usc/6/747.md).
  - (3) **Factors—** In carrying out the review process under [paragraph (2)](#f-2), the [Administrator](/usc/6/601.md?p=1) shall consider the following:
    - (A) Current or past use of proposed equipment or systems by [Federal agencies](/usc/6/677a.md?p=4) or the Armed Forces.
    - (B) The absence of a national [voluntary](/usc/6/671.md?p=6-A) consensus standard for such equipment or systems.
    - (C) The existence of an international consensus standard for such equipment or systems, and whether such equipment or systems meets such standard.
    - (D) The nature of the capability gap identified by the applicant and how such equipment or systems will address such gap.
    - (E) The degree to which such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed existing consensus standards.
    - (F) Any other factor determined appropriate by the [Administrator](/usc/6/601.md?p=1).
- (g) **Review process—** The [Administrator](/usc/6/601.md?p=1) shall implement a uniform process for reviewing applications to use grants provided under section [604](/usc/6/604.md) or [605](/usc/6/605.md) of this title to purchase equipment or systems not included on the Authorized Equipment List maintained by the [Administrator](/usc/6/601.md?p=1).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 107–296, title XX, § 2008, as added Pub. L. 110–53, title I, § 101, Aug. 3, 2007, 121 Stat. 283; amended Pub. L. 110–412, § 2, Oct. 14, 2008, 122 Stat. 4336; Pub. L. 114–113, div. M, title VII, § 711, Dec. 18, 2015, 129 Stat. 2934; Pub. L. 114–190, title III, § 3603, July 15, 2016, 130 Stat. 665; Pub. L. 115–278, § 2(g)(7)(B), Nov. 16, 2018, 132 Stat. 4180; Pub. L. 116–260, div. U, title IX, § 904(c), Dec. 27, 2020, 134 Stat. 2302; Pub. L. 117–263, div. G, title LXXI, § 7101(c), Dec. 23, 2022, 136 Stat. 3619; Pub. L. 118–165, § 2(a), Dec. 23, 2024, 138 Stat. 2581.)

## Notes

### Editorial Notes

### References in Text

Section 3 of the DOTGOV Online Trust in Government Act of 2020, referred to in subsec. (a)(14), probably means section 903 of title IX of div. U of Pub. L. 116–260, which defines “online service” and is set out as a note under section 665 of this title.

Subsection (a)(10), referred to in subsec. (b)(3)(B), was redesignated subsec. (a)(11) by Pub. L. 114–190, title III, § 3603(1), July 15, 2016, 130 Stat. 665.

The Fair Labor Standards Act of 1938, referred to in subsec. (d)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

### Amendments

2024—Subsec. (f). Pub. L. 118–165, § 2(a)(1), designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).

Subsec. (g). Pub. L. 118–165, § 2(a)(2), added subsec. (g).

2022—Subsec. (c). Pub. L. 117–263, § 7101(c)(1), substituted “sections 604, 605, and 609a of this title” for “sections 604 and 605 of this title”.

Subsec. (e). Pub. L. 117–263, § 7101(c)(2), substituted “section 604, 605, or 609a of this title” for “section 604 or 605 of this title”.

2020—Subsec. (a)(14), (15). Pub. L. 116–260 added par. (14) and redesignated former par. (14) as (15).

2018—Subsec. (a)(3). Pub. L. 115–278 substituted “section 664(a)(2) of this title” for “section 124l(a)(2) of this title”.

2016—Subsec. (a)(9) to (14). Pub. L. 114–190 added par. (9) and redesignated former pars. (9) to (13) as (10) to (14), respectively.

2015—Subsec. (a). Pub. L. 114–113 inserted “including by working in conjunction with a National Laboratory (as defined in section 15801(3) of title 42),” after “plans,” in introductory provisions.

2008—Subsec. (a). Pub. L. 110–412, § 2(1)(A), substituted “The Administrator shall permit the recipient of a grant under section 604 or 605 of this title to use grant funds” for “Grants awarded under section 604 or 605 of this title may be used” in introductory provisions.

Subsec. (a)(10). Pub. L. 110–412, § 2(1)(B), inserted “, regardless of whether such analysts are current or new full-time employees or contract employees” after “analysts”.

Subsec. (b)(3) to (5). Pub. L. 110–412, § 2(2), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.