Requires grantees to: (1) prepare a statement of homeland security objectives and projected fund use; (2) provide the Secretary with specified certifications regarding a homeland security plan, activities, and identified needs; and (3) submit to the Secretary a performance and evaluation report concerning the use of funds and the relationship of such use to objectives.
Directs the Secretary to: (1) encourage and assist national associations of eligible grantees, States, and local governments in non-qualifying areas to develop and recommend uniform record-keeping, performance reporting, evaluation reporting, and auditing requirements; (2) establish uniform reporting requirements; and (3) conduct reviews and audits of grantee performance and transactions at least annually.
Includes as activities eligible for assistance: (1) funding additional law enforcement, fire, and emergency resources and purchasing equipment; (2) improving cyber and infrastructure security; (3) assisting Local Emergency Planning Committees in improving disaster response systems; (4) assisting communities in coordinating responses to terrorist attacks; (5) establishing timely notification systems between communities; (6) improving public communication systems; and (7) devising, evaluating progress on, and implementing a homeland security plan. Provides that grants may be used to cover costs incurred for eligible activities on or after September 11, 2001.
Sets forth provisions regarding allocation and distribution of funds and matching requirements. Earmarks specified sums for Indian tribes, metropolitan cities and urban counties, States, regional cooperation, and local communities. Mandates nondiscrimination in programs and activities. Sets forth remedies for noncompliance with Act requirements.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1007 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1007
To provide for homeland security block grants.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2003
Mr. McNulty (for himself and Ms. Loretta Sanchez of California)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committees on
the Judiciary, Energy and Commerce, and Select Homeland Security, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for homeland security block grants.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland Security
Block Grant Act of 2003''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Grants to States, units of general local government and Indian
tribes; authorizations.
Sec. 5. Statement of activities and review.
Sec. 6. Activities eligible for assistance.
Sec. 7. Allocation and distribution of funds.
Sec. 8. State and regional planning communication systems.
Sec. 9. Nondiscrimination in programs and activities.
Sec. 10. Remedies for noncompliance with requirements.
Sec. 11. Reporting requirements.
Sec. 12. Consultation by Secretary.
Sec. 13. Interstate agreements or compacts; purposes.
Sec. 14. Matching requirements; suspension of requirements for
economically distressed areas.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) In the wake of the September 11, 2001, terrorist
attacks on our country, communities all across American now
find themselves on the front lines in the war against terrorism
on United States soil.
(2) We recognize that these communities will be forced to
shoulder a significant portion of the burden that goes along
with that responsibility. We believe that local governments
should not have to bear that responsibility alone.
(3) Our homeland defense will only be as strong as the
weakest link at the State and local level. By providing our
communities with the resources and tools they need to bolster
emergency response efforts and provide for other emergency
response initiatives, we will have a better-prepared home front
and a stronger America.
(b) Purpose.--The purpose of this Act is to provide needed funds to
first responders to be used for the purpose of bolstering emergency
response efforts and other emergency response initiatives in case of
terrorist or other attack on our home front.
SEC. 3. DEFINITIONS.
(a) Definitions.--In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(2) City.--The term ``city'' means--
(A) any unit of general local government that is
classified as a municipality by the United States
Bureau of the Census; or
(B) any other unit of general local government that
is a town or township and which, in the determination
of the Secretary--
(i) possesses powers and performs functions
comparable to those associated with
municipalities;
(ii) is closely settled; and
(iii) contains within its boundaries no
incorporated places as defined by the United
States Bureau of the Census that have not
entered into cooperation agreements with such
town or township to undertake or to assist in
the performance of homeland security
objectives.
(3) Federal grant-in-aid program.--The term ``Federal
grant-in-aid program'' means a program of Federal financial
assistance other than loans and other than the assistance
provided by this Act.
(4) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe, band, group, and nation, including Alaska
Indians, Aleuts, and Eskimos, and any Alaskan Native Village,
of the United States, which is considered an eligible recipient
under the Indian Self-Determination and Education Assistance
Act (Public Law 93-638) or was considered an eligible recipient
under chapter 67 of title 31, United States Code, prior to the
repeal of such chapter.
(5) Metropolitan area.--The term ``metropolitan area''
means a standard metropolitan statistical area as established
by the Office of Management and Budget.
(6) Metropolitan city.--
(A) In general.--The term ``metropolitan city''
means--
(i) a city within a metropolitan area that
is the central city of such area, as defined
and used by the Office of Management and
Budget; or
(ii) any other city, within a metropolitan
area, which has a population of not less than
50,000.
(B) Period of classification.--Any city that was
classified as a metropolitan city for at least 2 years
pursuant to subparagraph (A) shall remain classified as
a metropolitan city. Any unit of general local
government that becomes eligible to be classified as a
metropolitan city, and was not classified as a
metropolitan city in the immediately preceding fiscal
year, may, upon submission of written notification to
the Secretary, defer its classification as a
metropolitan city for all purposes under this Act, if
it elects to have its population included in an urban
county under subsection (d).
(C) Election by a city.--Notwithstanding
subparagraph (B), a city may elect not to retain its
classification as a metropolitan city. Any unit of
general local government that was classified as a
metropolitan city in any year, may, upon submission of
written notification to the Secretary, relinquish such
classification for all purposes under this Act if it
elects to have its population included with the
population of a county for purposes of qualifying for
assistance (for such following fiscal year) under
section 5(e) as an urban county.
(7) Nonqualifying community.--The term ``nonqualifying
community'' means an area that is not a metropolitan city or
part of an urban county and does not include Indian tribes.
(8) Population.--The term ``population'' means total
resident population based on data compiled by the United States
Bureau of the Census and referable to the same point or period
of time.
(9) State.--The term ``State'' means any State of the
United States, or any instrumentality thereof approved by the
Governor; and the Commonwealth of Puerto Rico, the United
States Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands.
(10) Unit of general local government.--The term ``unit of
general local government'' means any city, county, town,
township, parish, village, or other general purpose political
subdivision of a State; a combination of such political
subdivisions is recognized by the Secretary; and the District of
Columbia.
(11) Urban county.--The term ``urban county'' means any
county within a metropolitan area.
(b) Basis and Modification of Definitions.--Where appropriate, the
definitions in subsection (a) shall be based, with respect to any
fiscal year, on the most recent data compiled by the United States
Bureau of the Census and the latest published reports of the Office of
Management and Budget available ninety days prior to the beginning of
such fiscal year. The Secretary may by regulation change or otherwise
modify the meaning of the terms defined in subsection (a) in order to
reflect any technical change or modification thereof made subsequent to
such date by the United States Bureau of the Census or the Office of
Management and Budget.
(c) Designation of Public Agencies.--One or more public agencies,
including existing local public agencies, may be designated by the
chief executive officer of a State or a unit of general local
government to undertake activities assisted under this Act.
(d) Local Governments, Inclusion in Urban County Population.--With
respect to program years beginning with the program year for which
grants are made available from amounts appropriated for fiscal year
2003 under section 4, the population of any unit of general local
government which is included in that of an urban county as provided in
subsection (a)(11) shall be included in the population of such urban
county for three program years beginning with the program year in which
its population was first so included and shall not otherwise be
eligible for a grant as a separate entity, unless the urban county does
not receive a grant for any year during such three-year period.
(e) Urban County.--Any county seeking qualification as an urban
county, including any urban county seeking to continue such
qualification, shall notify, as provided in this subsection, each unit
of general local government, which is included therein and is eligible
to elect to have its population excluded from that of an urban county,
of its opportunity to make such an election. Such notification shall,
at a time and in a manner prescribed by the Secretary, be provided so
as to provide a reasonable period for response prior to the period for
which such qualification is sought. The population of any unit of
general local government which is provided such notification and which
does not inform, at a time and in a manner prescribed by the Secretary,
the county of its election to exclude its population from that of the
county shall, if the county qualifies as an urban county, be included
in the population of such urban county as provided in subsection (d).
SEC. 4. GRANTS TO STATES, UNITS OF GENERAL LOCAL GOVERNMENT AND INDIAN
TRIBES; AUTHORIZATIONS.
(a) Authorization.--The Secretary is authorized to make grants to
States, units of general local government, and Indian tribes to carry
out activities in accordance with the provisions of this Act.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$3,000,000,000 for each of fiscal years 2003 through 2006, and
such sums as may be necessary thereafter, for the purpose of
carrying out the provisions under section 7.
(2) State, regional, and local planning, training, and
communication systems.--There are authorized to be appropriated
$500,000,000 for each of fiscal years 2003 through 2006, and
such sums as may be necessary thereafter, for the purpose of
carrying out the provisions under section 8.
SEC. 5. STATEMENT OF ACTIVITIES AND REVIEW.
(a) Application.--
(1) In general.--Prior to the receipt in any fiscal year of
a grant under section 7(b) by any metropolitan city or urban
county, section 7(i) by any State, or section 7(i)(3) by any
unit of general local government, the grantee shall--
(i) indicate its interest in receiving
funds by preparing a statement of homeland
security objectives and projected use of funds;
and
(ii) provide the Secretary with the
certifications required under paragraph (2)
and, where appropriate, subsection (b).
(2) Grantee statement.--
(A) Contents.--
(i) Local government.--In the case of
metropolitan cities or urban counties receiving
grants under section 7(b) and units of general
local government receiving grants under section
7(i)(3), the statement of projected use of
funds shall consist of proposed homeland
security activities.
(ii) States.--In the case of States
receiving grants under section 7(d), the
statement of projected use of funds shall
consist of the method by which the States will
distribute funds to units of general local
government.
(B) Consultation.--In preparing the statement, the
grantee shall consult with appropriate law enforcement
agencies and emergency response authorities.
(C) Final statement.--A copy of the final statement
and the certifications required under paragraph (3)
and, where appropriate, subsection (b) shall be
furnished to the Secretary and the Attorney General.
(D) Modifications.--Any final statement of
activities may be modified or amended from time to time
by the grantee in accordance with the same procedures
required in this paragraph for the preparation and
submission of such statement.
(3) Certification of enumerated criteria by grantee to
secretary.--Any grant under section 7 shall be made only if the
grantee certifies to the satisfaction of the Secretary that--
(A) it has developed a homeland security plan
pursuant to section 6(a)(8) that identifies both short-
and long-term homeland security needs that have been
developed in accordance with the primary objective and
requirements of this Act; and
(B) the grantee will comply with the other
provisions of this Act and with other applicable laws.
(b) Submission of Annual Performance Reports, Audits and
Adjustments.--
(1) In general.--Each grantee shall submit to the
Secretary, at a time determined by the Secretary, a performance
and evaluation report concerning the use of funds made
available under section 7, together with an assessment by the
grantee of the relationship of such use to the objectives
identified in the grantee's statement under subsection (a)(2).
(2) Uniform reporting requirements.--
(A) Recommendations by national associations.--The
Secretary shall encourage and assist national
associations of grantees eligible under section 7,
national associations of States, and national
associations of units of general local government in
nonqualifying areas to develop and recommend to the
Secretary, within 1 year after the effective date of
this Act, uniform recordkeeping, performance reporting,
evaluation reporting, and auditing requirements for
such grantees, States, and units of general local
government, respectively.
(B) Establishment of uniform reporting
requirements.--Based on the Secretary's approval of the
recommendations submitted pursuant to subparagraph (A),
the Secretary shall establish uniform reporting
requirements for grantees, States, and units of general
local government.
(3) Reviews and audits.--The Secretary shall, at least on
an annual basis, make such reviews and audits as may be
necessary or appropriate to determine--
(A) in the case of grants made under section 7(b),
whether the grantee has carried out its activities and,
where applicable, whether the grantee has carried out
those activities and its certifications in accordance
with the requirements and the primary objectives of
this Act and with other applicable laws, and whether
the grantee has a continuing capacity to carry out
those activities in a timely manner; and
(B) in the case of grants to States made under
section 7(i), whether the State has distributed funds
to units of general local government in a timely manner
and in conformance to the method of distribution
described in its statement, whether the State has
carried out its certifications in compliance with the
requirements of this Act and other applicable laws, and
whether the State has made such reviews and audits of
the units of general local government as may be
necessary or appropriate to determine whether they have
satisfied the applicable performance criteria described
in subparagraph (A).
(4) Adjustments.--The Secretary may make appropriate
adjustments in the amount of the annual grants in accordance
with the Secretary's findings under this subsection. With
respect to assistance made available to units of general local
government under section 7(i)(3), the Secretary may adjust,
reduce, or withdraw such assistance, or take other action as
appropriate in accordance with the Secretary's reviews and
audits under this subsection, except that funds already
expended on eligible activities under this Act shall not be
recaptured or deducted from future assistance to such units of
general local government.
(c) Audits.--Insofar as they relate to funds provided under this
Act, the financial transactions of recipients of such funds may be
audited by the General Accounting Office under such rules and
regulations as may be prescribed by the Comptroller General of the
United States. The representatives of the General Accounting Office
shall have access to all books, accounts, records, reports, files, and
other papers, things, or property belonging to or in use by such
recipients pertaining to such financial transactions and necessary to
facilitate the audit.
(d) Metropolitan City as Part of Urban County.--In any case in
which a metropolitan city is located, in whole or in part, within an
urban county, the Secretary may, upon the joint request of such city
and county, approve the inclusion of the metropolitan city as part of
the urban county for purposes of submitting a statement under section 5
and carrying out activities under this Act.
SEC. 6. ACTIVITIES ELIGIBLE FOR ASSISTANCE.
(a) In General.--Activities assisted under this Act may include--
(1) funding additional law enforcement, fire, and emergency
resources, including covering overtime expenses;
(2) purchasing and refurbishing personal protective
equipment for fire, police, and emergency personnel and acquire
state-of-the-art technology to improve communication and
streamline efforts;
(3) improving cyber and infrastructure security by
improving--
(A) security for water treatment plants,
distribution systems, other water infrastructure,
nuclear power plants, and other power infrastructure;
(B) security for tunnels and bridges;
(C) security for oil and gas pipelines and storage
facilities; and
(D) security for chemical plants and transportation
of hazardous substances;
(4) assisting Local Emergency Planning Committees so that
local public agencies can design, review, and improve disaster
response systems;
(5) assisting communities in coordinating their efforts and
sharing information with all relevant agencies involved in
responding to terrorist attacks;
(6) establishing timely notification systems that enable
communities to communicate with each other when a threat
emerges;
(7) improving communication systems to provide information
to the public in a timely manner about the facts of any threat
and the precautions the public should take; and
(8) devising a homeland security plan, including
determining long-term goals and short-term objectives,
evaluating the progress of the plan, and carrying out the
management, coordination, and monitoring of activities
necessary for effective planning implementation.
(b) Costs Covered.--Grants received under section 7 may be used to
cover any costs related to the eligible activities listed in this
section that were incurred on or after September 11, 2001.
SEC. 7. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) Set-Aside for Indian Tribes.--
(1) In general.--For each fiscal year, of the amount
appropriated for grants pursuant to section 4(b)(1), the
Secretary shall reserve 1 percent of the amount so appropriated
for grants to Indian tribes.
(2) Selection of indian tribes.--
(A) In general.--The Secretary shall provide for
distribution of amounts under this paragraph to Indian
tribes on the basis of a competition conducted pursuant
to specific criteria for the selection of Indian tribes
to receive such amounts.
(B) Rulemaking.--The criteria shall be contained in
a regulation promulgated by the Secretary after notice
and public comment.
(b) Allocation to Metropolitan Cities and Urban Counties.--
(1) Allocation percentage.--Of the amount remaining after
allocations have been made to Indian tribes pursuant to
subsection (a), 70 percent shall be allocated by the Secretary
to metropolitan cities and urban counties.
(2) Entitlement.--Except as otherwise specifically
authorized, each metropolitan city and urban county shall be
entitled to an annual grant, to the extent authorized, from
such allocation in an amount not exceeding its basic amount
computed pursuant to subsections (c) and (d).
(c) Computation of Amount Allocated to Metropolitan Cities.--
(1) Computation ratios.--The Secretary shall determine the
amount to be allocated to each metropolitan city, which shall
bear the same ratio to the allocation for all metropolitan
cities as the weighted average of--
(A) the population of the metropolitan city divided
by the population of all metropolitan cities;
(B) the potential risk, as it pertains to chemical
security, of the metropolitan city divided by the
potential risk, as it pertains to chemical security, of
all metropolitan cities;
(C) the proximity of the metropolitan city to the
nearest operating nuclear power plant and the proximity
of all metropolitan cities to the nearest operating
nuclear power plant to each such city;
(D) the proximity of the metropolitan city to the
nearest United States land or water port and the
proximity of all metropolitan cities to the nearest
United States land or water port to each such city;
(E) the proximity of the metropolitan city to the
nearest international border and the proximity of all
metropolitan cities to the nearest international border
to each such city;
(F) the proximity of the metropolitan city to the
nearest Disaster Medical Assistance Team (referred to
in this subsection as ``DMAT'') and the proximity of
all metropolitan cities to the nearest DMAT to each
such city; and
(G) the proximity of the metropolitan city to
tourist attractions, Federal buildings, convention
centers, and other areas and facilities that attract
large numbers of people at specific times.
(2) Clarification of computation ratios.--
(A) Relative weight of factors.--In determining the
average of the ratios under paragraph (1), the ratio
involving population shall constitute 50 percent of the
formula in calculating the allocation and the remaining
factors shall be equally weighted.
(B) Potential risk as it pertains to chemical
security.--If a metropolitan city is within the
vulnerable zone of a worst-case chemical release, as
specified in the most recent risk management plans
filed with the Environmental Protection Agency or
another instrument developed by the Environmental
Protection Agency or the Homeland Security Department
that captures the same information for the same
facilities, the ratio under paragraph (1)(B) shall be 1
divided by the total number of metropolitan cities that
are within such a zone.
(C) Proximity as it pertains to nuclear security.--
If a metropolitan city is located within 50 miles of an
operating nuclear power plant, as identified by the
Nuclear Regulatory Commission, the ratio under
paragraph (1)(C) shall be 1 divided by the total number
of metropolitan cities, not to exceed 100, which are
located within 50 miles of an operating nuclear power
plant.
(D) Proximity as it pertains to port security.--If
a metropolitan city is located within 50 miles of 1 of
the 100 largest United States ports, as stated by the
Department of Transportation, Bureau of Transportation Statistics,
United States Port Report by All Land Modes, or within 50 miles of one
of the 30 largest United States water ports by metric tons and value,
as stated by the Department of Transportation, Maritime Administration,
United States Foreign Waterborne Transportation Statistics, the ratio
under paragraph (1)(D) shall be 1 divided by the total number of
metropolitan cities that are located within 50 miles of a United States
land or water port.
(E) Proximity to international borders.--If a
metropolitan city is located within 50 miles of an
international border, the ratio under paragraph (1)(E)
shall be 1 divided by the total number of metropolitan
cities that are located within 50 miles of an
international border.
(F) Proximity to disaster medical assistance
teams.--If a metropolitan city is located within 50
miles of a DMAT, as organized by the National Disaster
Medical System through the Department of Public Health,
the ratio under paragraph (1)(F) shall be 1 divided by
the total number of metropolitan cities that are
located within 50 miles of a DMAT.
(d) Computation of Amount Allocated to Urban Counties.--
(1) Computation ratios.--The Secretary shall determine the
amount to be allocated to each urban county, which shall bear
the same ratio to the allocation for all urban counties as the
weighted average of--
(A) the population of the urban county divided by
the population of all urban counties;
(B) the potential risk, as it pertains to chemical
security, of the urban county divided by the potential
risk, as it pertains to chemical security, of all urban
counties;
(C) the proximity of the urban county to the
nearest operating nuclear power plant and the proximity
of all urban counties to the nearest operating nuclear
power plant to each such city;
(D) the proximity of the urban county to the
nearest United States land or water port and the
proximity of all urban counties to the nearest United
States land or water port to each such city;
(E) the proximity of the urban county to the
nearest international border and the proximity of all
urban counties to the nearest international border to
each such city; and
(F) the proximity of the urban county to the
nearest Disaster Medical Assistance Team (referred to
in this subsection as ``DMAT'') and the proximity of
all urban counties to the nearest DMAT to each such
city.
(3) Clarification of computation ratios.--
(A) Relative weight of factors.--In determining the
average of the ratios under paragraph (1), the ratio
involving population shall constitute 50 percent of the
formula in calculating the allocation and the remaining
factors shall be equally weighted.
(B) Potential risk as it pertains to chemical
security.--If a urban county is within the vulnerable
zone of a worst-case chemical release, as specified in
the most recent risk management plans filed with the
Environmental Protection Agency or another instrument
developed by the Environmental Protection Agency or the
Homeland Security Department that captures the same
information for the same facilities, the ratio under
paragraph (1)(B) shall be 1 divided by the total number
of urban counties that are within such a zone.
(C) Proximity as it pertains to nuclear security.--
If a urban county is located within 50 miles of an
operating nuclear power plant, as identified by the
Nuclear Regulatory Commission, the ratio under
paragraph (1)(C) shall be 1 divided by the total number
of urban counties, not to exceed 100, which are located
within 50 miles of an operating nuclear power plant.
(D) Proximity as it pertains to port security.--If
a urban county is located within 50 miles of 1 of the
100 largest United States ports, as stated by the
Department of Transportation, Bureau of Transportation
Statistics, United States Port Report by All Land
Modes, or within 50 miles of one of the 30 largest
United States water ports by metric tons and value, as
stated by the Department of Transportation, Maritime
Administration, United States Foreign Waterborne
Transportation Statistics, the ratio under paragraph
(1)(D) shall be 1 divided by the total number of urban
counties that are located within 50 miles of a United
States land or water port.
(E) Proximity to International Borders.--If a urban
county is located within 50 miles of an international
border, the ratio under paragraph (1)(E) shall be 1
divided by the total number of urban counties that are
located within 50 miles of an international border.
(F) Proximity to disaster medical assistance
teams.--If a urban county is located within 50 miles of
a DMAT, as organized by the National Disaster Medical
System through the Department of Public Health, the
ratio under paragraph (1)(F) shall be 1 divided by the
total number of urban counties that are located within
50 miles of a DMAT.
(e) Exclusions.--
(1) In general.--In computing amounts or exclusions under
subsection (d) with respect to any urban county, there shall be
excluded units of general local government located in the
county the populations that are not counted in determining the
eligibility of the urban county to receive a grant under this
subsection, except that there shall be included any independent
city (as defined by the Bureau of the Census) which--
(A) is not part of any county;
(B) is not eligible for a grant;
(C) is contiguous to the urban county;
(D) has entered into cooperation agreements with
the urban county which provide that the urban county is
to undertake or to assist in the undertaking of
essential community development and housing assistance
activities with respect to such independent city; and
(E) is not included as a part of any other unit of
general local government for purposes of this section.
(2) Independent cities.--Any independent city that is
included in any fiscal year for purposes of computing amounts
pursuant to the preceding sentence shall not be eligible to
receive assistance under subsection (i) with respect to such
fiscal year.
(f) Inclusions.--
(1) Local government straddling county line.--In computing
amounts under subsection (d) with respect to any urban county,
there shall be included all of the area of any unit of local
government which is part of, but is not located entirely within
the boundaries of, such urban county if--
(A) the part of such unit of local government that
is within the boundaries of such urban county would
otherwise be included in computing the amount for such
urban county under this section; and
(B) the part of such unit of local government that
is not within the boundaries of such urban county is
not included as a part of any other unit of local
government for the purpose of this section.
(2) Use of grant funds outside urban county.--Any amount
received under this section by an urban county described under
paragraph (1) may be used with respect to the part of such unit
of local government that is outside the boundaries of such
urban county.
(g) Population.--
(1) Effect of consolidation.--Where data are available, the
amount to be allocated to a metropolitan city that has been
formed by the consolidation of 1 or more metropolitan cities
within an urban county shall be equal to the sum of the amounts
that would have been allocated to the urban county or cities
and the balance of the consolidated government, if such
consolidation had not occurred.
(2) Limitation.--Paragraph (1) shall apply only to a
consolidation that--
(A) included all metropolitan cities that received
grants under this section for the fiscal year preceding
such consolidation and that were located within the
urban county;
(B) included the entire urban county that received
a grant under this section for the fiscal year
preceding such consolidation; and
(C) took place on or after January 1, 2003.
(3) Growth rate.--The population growth rate of all
metropolitan cities defined in section 3(a)(6) shall be based
on the population of--
(A) metropolitan cities other than consolidated
governments the grant for which is determined under
this paragraph; and
(B) cities that were metropolitan cities before
their incorporation into consolidated governments.
(4) Entitlement share.--For purposes of calculating the
entitlement share for the balance of the consolidated
government under this subsection, the entire balance shall be
considered to have been an urban county.
(h) Reallocation.--
(1) In general.--Except as provided in paragraph (2), any
amounts allocated to a metropolitan city or an urban county
pursuant to this section that are not received by the city or
county for a fiscal year because of failure to meet the
requirements of subsections (a) and (b) of section 5, or that
otherwise became available, shall be reallocated in the
succeeding fiscal year to the other metropolitan cities and
urban counties in the same metropolitan area that certify to
the satisfaction of the Secretary that they would be adversely
affected by the loss of such amounts from the metropolitan
area.
(2) Ratio.--The amount of the share of funds reallocated
under this paragraph for any metropolitan city or urban county
shall bear the same ratio to the total of such reallocated
funds in the metropolitan area as the amount of funds awarded
to the city or county for the fiscal year in which the
reallocated funds become available bears to the total amount of
funds awarded to all metropolitan cities and urban counties in
the same metropolitan area for that fiscal year.
(3) Transfer.--Notwithstanding paragraphs (1) and (2), the
Secretary may upon request transfer responsibility to any
metropolitan city for the administration of any amounts
received, but not obligated, by the urban county in which such
city is located if--
(A) such city was an included unit of general local
government in such county prior to the qualification of
such city as a metropolitan city;
(B) such amounts were designated and received by
such county for use in such city prior to the
qualification of such city as a metropolitan city; and
(C) such city and county agree to such transfer of
responsibility for the administration of such amounts.
(i) Allocation to States on Behalf of Non-qualifying Communities.--
(1) In general.--Of the amount appropriated pursuant to
section 4 that remains after allocations pursuant to
subsections (a) and (b), 30 percent shall be allocated among
the States for use in nonqualifying communities.
(2) Allocation ratio.--
(A) Population-based.--The allocation for each
State shall be based on the population of that State,
relative to the populations of all States, excluding
the population of qualifying communities.
(B) Pro-rata reduction.--The Secretary shall make a
pro rata reduction of each amount allocated to the
nonqualifying communities in each State under
subparagraph (A) so that the nonqualifying communities
in each State will receive the same percentage of the
total amount available under this subsection as the
percentage that such communities would have received if
the total amount available had equaled the total amount
allocated under subparagraph (A).
(3) Distribution.--
(A) In general.--Amounts allocated under this
subsection shall be distributed to units of general
local government located in nonqualifying areas of the
State to carry out activities in accordance with the
provisions of this Act--
(i) by a State that has elected, in such
manner and at such time as the Secretary shall
prescribe, to distribute such amounts
consistent with the statement submitted under
section 5(a); or
(ii) by the Secretary, if the State has not
elected to distribute such amounts.
(B) Certification.--Before a State may receive or
distribute amounts allocated under this subsection, the
State must certify that--
(i) with respect to units of general local
government in nonqualifying areas, the State--
(I) provides, or will provide,
technical assistance to units of
general local government in connection
with homeland security initiatives;
(II) will not refuse to distribute
such amounts to any unit of general
local government on the basis of the
particular eligible activity selected
by such unit of general local
government to meet its homeland
security objectives, except that this
clause may not be considered to prevent
a State from establishing priorities in
distributing such amounts on the basis
of the activities selected; and
(III) has consulted with local
elected officials from among units of
general local government located in
nonqualifying areas of that State in
determining the method of distribution
of funds required by subparagraph (A);
and
(ii) each unit of general local government
to be distributed funds will be required to
identify its homeland security objectives, and
the activities to be undertaken to meet such
objectives.
(4) Minimum amount.--Each State shall be allocated in each
fiscal year authorized under this Act and under this section
not less than 0.75 percent of the total amount appropriated in
one fiscal year for grants made available to States under this
section, except that the American Samoa, Guam, and the Northern
Mariana Islands shall each be allocated 0.25 percent.
(5) Administration.--
(A) In general.--If a State receives and
distributes amounts under paragraph (1), the State
shall be responsible for the administration of funds so
distributed. The State shall pay for all administrative
expenses incurred by the State in carrying out its
responsibilities under this Act, except that from the
amounts received for distribution in nonqualifying
areas, the State may deduct an amount to cover such
expenses and its administrative expenses not to exceed
the sum of $150,000 plus 50 percent of any such
expenses under this Act in excess of $150,000. Amounts
deducted in excess of $150,000 shall not exceed 2
percent of the amount received under paragraph (1).
(B) Distribution.--If the Secretary distributes
amounts under paragraph (1), the distribution shall be
made in accordance with determinations of the Secretary
pursuant to statements submitted and the other
requirements of section 5 (other than subsection (c))
and in accordance with regulations and procedures
prescribed by the Secretary.
(C) Reallocation.--
(i) Failure to comply.--Any amounts
allocated for use in a State under paragraph
(1) that are not received by the State for any
fiscal year because of failure to meet the
requirements of subsection (a) or (b) of
section 5 shall be added to amounts allocated
to all States under paragraph (1) for the
succeeding fiscal year.
(ii) Closeout.--Any amounts allocated for
use in a State under paragraph (1) that become
available as a result of the closeout of a
grant made by the Secretary under this section
in nonqualifying areas of the State shall be
added to amounts allocated to the State under
paragraph (1) for the fiscal year in which such
amounts become available.
(6) Single unit.--Any combination of units of general local
governments may not be required to obtain recognition by the
Secretary pursuant to section 3(2) to be treated as a single
unit of general local government for purposes of this
subsection.
(7) Deduction.--From the amounts received under paragraph
(1) for distribution in nonqualifying areas, the State may
deduct an amount, not to exceed 1 percent of the amount so
received, to provide technical assistance to local governments.
(8) Applicability.--Any activities conducted with amounts
received by a unit of general local government under this
subsection shall be subject to the applicable provisions of
this Act and other Federal law in the same manner and to the
same extent as activities conducted with amounts received by a
unit of general local government under subsection (a).
(j) Qualifications and Determinations.--The Secretary may fix such
qualification or submission dates as he determines are necessary to
permit the computations and determinations required by this section to
be made in a timely manner, and all such computations and
determinations shall be final and conclusive.
(k) Pro Rata Reduction and Increase.--
(1) Reduction.--If the total amount available for
distribution in any fiscal year to metropolitan cities and
urban counties under this section is insufficient to provide
the amounts to which metropolitan cities and urban counties
would be entitled under this section, and funds are not
otherwise appropriated to meet the deficiency, the Secretary
shall meet the deficiency through a pro rata reduction of all
amounts determined under this section.
(2) Increase.--If the total amount available for
distribution in any fiscal year to metropolitan cities and
urban counties under this section exceeds the amounts to which
metropolitan cities and urban counties would be entitled under this
section, the Secretary shall distribute the excess through a pro rata
increase of all amounts determined under this section.
SEC. 8. STATE AND REGIONAL PLANNING; COMMUNICATIONS SYSTEMS.
(a) Allocations.--Subject to appropriations authorized under
section 4(b)(2), $500,000,000 shall be allocated to States, regional
cooperations, and local communities, in accordance with subsection (b)
for--
(1) homeland defense planning within the States;
(2) homeland defense planning within the regions;
(3) the development and maintenance of Statewide training
facilities and homeland security best-practices clearinghouses;
and
(4) the development and maintenance of communications
systems that can be used between and among first responders,
including law enforcement, fire, and emergency medical
personnel.
(b) Use of funds.--Of the amount allocated under subsection (a)--
(1) $325,000,000 shall be used by the States for homeland
defense planning and coordination within each State;
(2) $50,000,000 shall be used by regional cooperations and
regional, multistate, or intrastate authorities for homeland
defense planning and coordination within each region;
(3) $50,000,000 shall be used by the States to develop and
maintain Statewide training facilities and best-practices
clearinghouses; and
(4) $75,000,000 shall be used by the States and local
communities to develop and maintain communications systems that
can be used between and among first responders at the State and
local level, including law enforcement, fire, and emergency
personnel.
(c) Allocations to States.--
(1) In general.--Funds under this section to be awarded to
States shall be allocated among the States based upon the
population for each State relative to the populations of all
States.
(2) Minimum amount provision.--The provision in section
7(i)(4) relating to a minimum amount shall apply to funds
awarded under this section to States.
(3) Local communications systems.--Not less than 30 percent
of the funds awarded under subsection (b)(4) shall be used for
the development and maintenance of local communications
systems.
(d) Allocations to Regional Cooperations.--Funds under this section
to be awarded to regional cooperations and regional, multistate, or
intrastate authorities, shall be allocated among the regional
cooperations based upon the population of the areas covered by the
cooperations.
SEC. 9. NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES.
No person in the United States shall on the ground of race, color,
national origin, religion, or sex be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made
available under this Act. Any prohibition against discrimination on the
basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101
et seq.) or with respect to an otherwise qualified handicapped
individual as provided in section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794) shall also apply to any such program or activity.
SEC. 10. REMEDIES FOR NONCOMPLIANCE WITH REQUIREMENTS.
If the Secretary finds after reasonable notice and opportunity for
hearing that a recipient of assistance under this Act has failed to
comply substantially with any provision of this Act, the Secretary
shall--
(1) terminate payments to the recipient under this Act;
(2) reduce payments to the recipient under this Act by an
amount equal to the amount of such payments which were not
expended in accordance with this Act; or
(3) limit the availability of payments under this Act to
programs, projects, or activities not affected by such failure
to comply.
SEC. 11. REPORTING REQUIREMENTS.
(a) In General.--Not later than 180 days after the end of each
fiscal year in which assistance is awarded under this Act, the
Secretary shall submit to Congress a report which shall contain--
(1) a description of the progress made in accomplishing the
objectives of this Act;
(2) a summary of the use of such funds during the preceding
fiscal year; and
(3) a description of the activities carried out under
section 7.
(b) Reports to Secretary.--The Secretary is authorized to require
recipients of assistance under this Act to submit to such reports and
other information as may be necessary in order for the Secretary to
comply with subsection (a).
SEC. 12. CONSULTATION BY ATTORNEY GENERAL.
In carrying out the provisions of this Act including the issuance
of regulations, the Secretary shall consult with the Attorney General
and other Federal departments and agencies administering Federal grant-
in-aid programs.
SEC. 13. INTERSTATE AGREEMENTS OR COMPACTS; PURPOSES.
The consent of the Congress is hereby given to any 2 or more States
to enter into agreements or compacts, not in conflict with any law of
the United States, for cooperative effort and mutual assistance in
support of homeland security planning and programs carried out under
this Act as they pertain to interstate areas and to localities within
such States, and to establish such agencies, joint or otherwise, as
they may deem desirable for making such agreements and compacts
effective.
SEC. 14. MATCHING REQUIREMENTS; SUSPENSION OF REQUIREMENTS FOR
ECONOMICALLY DISTRESSED AREAS.
(a) Requirement.--Grant recipients shall contribute from funds,
other than those received under this Act, 10 percent of the total funds
received under this Act. Such funds shall be used in accordance with
the grantee's statement of homeland security objectives.
(b) Economic Distress.--Grant recipients that are deemed
economically distressed shall be waived from the matching requirement
set forth in this section.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Judiciary, Energy and Commerce, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Judiciary, Energy and Commerce, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Judiciary, Energy and Commerce, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Judiciary, Energy and Commerce, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Judiciary, Energy and Commerce, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Highways, Transit and Pipelines.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Emergency Preparedness and Response, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.