Specifies optional uses of such funds.
Requires the Secretary of the Treasury to make budget crisis relief grants to States and local governments, with allocations based on population and on unemployment.
Provides for specified adjustments of Medicaid Federal Medical Assistance Percentage (FMAP) under title XIX (Medicaid) of the Social Security Act, and increases the cap on Medicaid payments to territories for further fiscal relief.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1593 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1593
To improve homeland security, prevent tax increases, support education
and health care, and strengthen the economy.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 3, 2003
Mr. Boswell (for himself, Mr. Crowley, Mr. Hastings of Florida, Mr.
Reyes, Mr. Etheridge, and Mr. Tierney) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committees on Energy and
Commerce, the Judiciary, and Government Reform, 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 improve homeland security, prevent tax increases, support education
and health care, and strengthen the economy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Protection and Tax Hike
Prevention Act of 2003''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to ameliorate the hardships faced by millions of
Americans as a result of State and local budget crises,
including tax increases and cuts to education, health care, and
other vital State and local programs;
(2) to avoid the economic damage that would be caused by
tens of billions of dollars in State and local tax increases
and spending cuts that would further weaken the Nation's
economic growth and job creation; and
(3) to improve the Nation's readiness for a terrorist
attack by providing financial assistance to assist States and
cities to--
(A) prepare first responders and emergency
personnel;
(B) implement anti-counterfeiting protections;
(C) strengthen security at vulnerable targets, such
as nuclear power plants and public transportation
systems; and
(D) address other homeland security priorities.
SEC. 3. DEFINITIONS.
As used in this Act, the following definitions shall apply:
(1) State.--Except as used in section 6, the term ``State''
means each of the several States of the United States, the
District of Columbia, and the Commonwealth of Puerto Rico.
(2) Metropolitan statistical area.--The term ``metropolitan
statistical area'' means a statistical geographic entity
associated with at least 1 urbanized area that has a population
of not less than 50,000, as identified by the Office of
Management and Budget.
(3) Metropolitan city.--The term ``metropolitan city''
means--
(A) a central city within a metropolitan
statistical area; and
(B) any other city within a metropolitan
statistical area that has a population of not less than
50,000.
(4) Unit of general local government.--
(A) In general.--The term ``unit of general local
government'' means--
(i) a county, parish, township, city, or
political subdivision of a county, parish,
township, or city, that is a unit of general
local government as determined by the Secretary
of Commerce for general statistical purposes;
and
(ii) the District of Columbia, the
Commonwealth of Puerto Rico, and the recognized
governing body of an Indian tribe or Alaskan
native village that carries out substantial
governmental duties and powers.
(B) Treatment of subsumed areas.--For purposes of
determining a unit of general local government under
this section, the rules under section 6720(c) of title
31, United States Code, shall apply.
SEC. 4. HOMELAND SECURITY GRANTS.
(a) Grants Authorized.--
(1) In general.--From the amount appropriated under
subsection (d), the Secretary of Homeland Security (referred to
in this section as the ``Secretary'') shall, as soon as
practicable after the date of enactment of this Act, award
grants to States and metropolitan cities, which have submitted
an application in accordance with subsection (c) to accomplish
the objectives described under subsection (b).
(2) Allocations to states.--
(A) Population-based allocations.--The Secretary
shall allocate $2,500,000,000 for grants to the States
based on the relative population of each State.
(B) Risk-based allocations.--Subject to paragraph
(4), the Secretary shall allocate $2,500,000,000 for
grants to the States based on--
(i) the potential risk, as it pertains to
chemical security, of each State;
(ii) the proximity of each State to the
nearest operating nuclear power plant;
(iii) the proximity of each State to the
nearest United States land or water port;
(iv) the proximity of each State to the
nearest international border; and
(v) the proximity of each State to the
nearest Disaster Medical Assistance Team.
(3) Allocations to metropolitan cities.--
(A) Population-based allocations.--The Secretary
shall allocate $2,500,000,000 for grants to units of
general local government within metropolitan cities
based on the relative population of each metropolitan
statistical area.
(B) Risk-based allocations.--The Secretary shall
allocate $2,500,000,000 for grants to metropolitan
cities within metropolitan statistical areas based on--
(i) the potential risk, as it pertains to
chemical security, of each metropolitan
statistical area;
(ii) the proximity of each metropolitan
statistical area to the nearest operating
nuclear power plant;
(iii) the proximity of each metropolitan
statistical area to the nearest United States
land or water port;
(iv) the proximity of each metropolitan
statistical area to the nearest international
border; and
(v) the proximity of each metropolitan
statistical area to the nearest Disaster
Medical Assistance Team.
(C) Metropolitan cities.--The Secretary shall
distribute the allocations under subparagraphs (A) and
(B) to metropolitan cities based on the relative
population of each such city.
(4) Clarification of risk factors.--In allocating funds to
States and metropolitan statistical areas under paragraphs
(2)(B) and (3)(B), the Secretary shall equally weigh each of
the following risk factors:
(A) Potential risk as it pertains to chemical
security.--If a State or metropolitan statistical area
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 paragraphs
(2)(B)(i) and (3)(B)(i) shall be 1 divided by the total
number of States or metropolitan statistical areas that
are within such a zone.
(B) Proximity as it pertains to nuclear security.--
If a State or metropolitan statistical area is located
within 50 miles of an operating nuclear power plant, as
identified by the Nuclear Regulatory Commission, the
ratio under paragraphs (2)(B)(ii) and (3)(B)(ii) shall
be 1 divided by the total number of States or
metropolitan statistical areas that are located within
50 miles of an operating nuclear power plant.
(C) Proximity as it pertains to port security.--If
a State or metropolitan statistical area 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 paragraphs (2)(B)(iii) and (3)(B)(iii) shall be 1
divided by the total number of States or metropolitan
statistical areas that are located within 50 miles of a
United States land or water port.
(D) Proximity to International Borders.--If a State
or metropolitan statistical area is located within 50
miles of an international border, the ratio under
paragraph (2)(B)(iv) and (3)(B)(iv) shall be 1 divided
by the total number of States or metropolitan
statistical areas that are located within 50 miles of
an international border.
(E) Proximity to disaster medical assistance
teams.--If a State or metropolitan statistical area is
located within 50 miles of a Disaster Medical
Assistance Team, as organized by the National Disaster
Medical System through the Department of Public Health,
the ratio under paragraphs (2)(B)(v) and (3)(B)(v)
shall be 1 divided by the total number of States or
metropolitan statistical areas that are located within
50 miles of a Disaster Medical Assistance Team.
(b) Use of Funds.--Grants awarded pursuant to subsection (a) may be
used to--
(1) support police, fire, health, and other emergency
personnel by--
(A) purchasing or upgrading communications systems,
protective gear, or hazardous materials detection
equipment;
(B) providing training for emergency responses; and
(C) providing for expenses related to retention of
personnel and overtime;
(2) improve safeguards against the counterfeiting of
official State documents, including--
(A) the improvement of procedures to obtain proof
of identity before issuance of official identification
cards; and
(B) the implementation of biometric identifiers and
holograms;
(3) improve security at chemical plants by--
(A) strengthening requirements for perimeter
security and assisting in meeting such requirements;
and
(B) strengthening requirements for the use and
handling of hazardous materials and assisting in
meeting such requirements;
(4) improve security in train and subway cars and stations,
on bridges, in tunnels, and in arenas by installing and
improving--
(A) fire and blast protections;
(B) ventilation systems;
(C) entrance security;
(D) sensors to detect chemical and biological
weapons; and
(E) emergency evacuation systems;
(5) improve security at and around skyscrapers, public
monuments, and other major buildings;
(6) secure food and water supplies, reservoirs, water
treatment plants, and distribution systems;
(7) strengthen protections of other critical networks,
including--
(A) telecommunications;
(B) electrical power plants and grids; and
(C) computer networks and databases;
(8) plan and prepare for a response for chemical or
biological attacks, including--
(A) purchasing, distributing, and storing
treatments and preventive measures;
(B) providing emergency training for health
officials; and
(C) developing public health surveillance systems
to identify the disease outbreaks by monitoring
ambulance calls, hospital admittance, and other
measures;
(9) establish systems to notify members of the public and
appropriate agencies when a threat has emerged and any
precautions the public should take;
(10) establish programs that offer opportunities for
members of the community to participate in terrorism
preparation and prevention, including neighborhood watch
groups; and
(11) design, review, and improve disaster response systems,
enhancing communities' ability to coordinate efforts and share
information, and devise and implement a homeland security plan.
(c) Application.--
(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought; and
(B) provide such additional assurances as the
Secretary determines to be necessary to ensure that the
grantee will use the proceeds of the grant in
compliance with subsection (b).
(d) Authorization and Appropriation.--There are authorized to be
appropriated, and are appropriated, $10,000,000,000 for fiscal year
2003 to carry out this section, which shall remain available through
September 30, 2004.
SEC. 5. BUDGET CRISIS RELIEF GRANTS.
(a) Grants Authorized.--From the amount appropriated under
subsection (c) for fiscal year 2003, the Secretary of the Treasury
(referred to in this section as the ``Secretary'') shall, as soon as
practicable after the date of enactment of this Act, allocate financial
assistance to each of the States as follows:
(1) Grants to States.--
(A) Allocations based on population.--The Secretary
shall allocate $7,500,000,000 among the States on the
basis of the relative population of each State, as
determined by the Secretary on the basis of the most
recent satisfactory data.
(B) Allocations based on unemployment.--The
Secretary shall allocate $7,500,000,000 among the
States on the basis of the relative number of
unemployed individuals for calendar year 2002 in each
State, as determined by the Secretary on the basis of
the most recent satisfactory data.
(2) Grants to local government.--
(A) Allocations based on population.--The Secretary
shall allocate an additional $7,500,000,000 among units
of general local government within each State on the
basis of the relative population of each State and of
each such unit within each State, as determined by the
Secretary on the basis of the most recent satisfactory
data.
(B) Allocations based on unemployment.--The
Secretary shall allocate an additional $7,500,000,000
among units of general local government within each
State on the basis of the relative number of unemployed
individuals for calendar year 2002 in each State and in
each such unit within each State, as determined by the
Secretary on the basis of the most recent satisfactory
data.
(b) Maintenance of Effort.--A State or unit of general local
government, before receiving the proceeds of a grant under this
section, shall certify that such State or unit of general local
government--
(1) will maintain its expenditures for elementary,
secondary, and higher education at a level equal to not less
than the level of such expenditures maintained by the State or
unit of general local government for the fiscal year
immediately preceding the fiscal year for which the grant is
received; and
(2) will not raise the net tuition, after scholarships and
tuition waivers, at public colleges and universities by more
than the inflation rate.
(c) Authorization and Appropriation.--There are authorized to be
appropriated, and are appropriated, $30,000,000,000 for fiscal year
2003 to carry out this section.
SEC 6. TEMPORARY STATE FISCAL RELIEF THROUGH INCREASE IN MEDICAID FMAP.
(a) Definitions.--In this section, the following definitions shall
apply:
(1) FMAP.--The term ``FMAP'' means the Federal medical
assistance percentage, as defined in section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)).
(2) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(b) Permitting Maintenance of Fiscal Year 2002 FMAP for Last 2
Calendar Quarters of Fiscal Year 2003.--Notwithstanding any other
provision of law, but subject to subsection (f), if the FMAP determined
without regard to this section for a State for fiscal year 2003 is less
than the FMAP as so determined for fiscal year 2002, the FMAP for the
State for fiscal year 2002 shall be substituted for the State's FMAP
for the third and fourth calendar quarters of fiscal year 2003, before
the application of this section.
(c) Permitting Maintenance of Fiscal Year 2003 FMAP for Fiscal Year
2004.--Notwithstanding any other provision of law, but subject to
subsection (f), if the FMAP determined without regard to this section
for a State for fiscal year 2004 is less than the FMAP as so determined
for fiscal year 2003, the FMAP for the State for fiscal year 2003 shall
be substituted for the State's FMAP for each calendar quarter of fiscal
year 2004, before the application of this section.
(d) General 2.45 Percentage Points Increase for Last 2 Calendar
Quarters of Fiscal Year 2003 and Fiscal Year 2004.--Notwithstanding any
other provision of law, but subject to subsections (f) and (g), for
each State for the third and fourth calendar quarters of fiscal year
2003 and each calendar quarter of fiscal year 2004, the FMAP (taking
into account the application of subsections (b) and (c)) shall be
increased by 2.45 percentage points.
(e) Increase in Cap on Medicaid Payments To Territories.--
Notwithstanding any other provision of law, but subject to subsection
(g), with respect to the third and fourth calendar quarters of fiscal
year 2003 and each calendar quarter of fiscal year 2004, the amounts
otherwise determined for Puerto Rico, the Virgin Islands, Guam, the
Northern Mariana Islands, and American Samoa under subsections (f) and
(g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall
each be increased by an amount equal to 4.90 percent of such amounts.
(f) Scope of Application.--The increases in the FMAP for a State
under this section shall apply only for purposes of title XIX of the
Social Security Act and shall not apply with respect to--
(1) disproportionate share hospital payments described in
section 1923 of such Act (42 U.S.C. 1396r-4); or
(2) payments under title IV or XXI of such Act (42 U.S.C.
601 et seq. and 1397aa et seq.).
(g) State Eligibility.--
(1) In general.--Subject to paragraph (2), a State is
eligible for an increase in its FMAP under subsection (d) or an
increase in a cap amount under subsection (e) only if the
eligibility under its State plan under title XIX of the Social
Security Act (including any waiver under such title or under
section 1115 of such Act (42 U.S.C. 1315)) is no more
restrictive than the eligibility under such plan (or waiver) as
in effect on September 2, 2003.
(2) State reinstatement of eligibility permitted.--A State
that has restricted eligibility under its State plan under
title XIX of the Social Security Act (including any waiver
under such title or under section 1115 of such Act (42 U.S.C.
1315)) after September 2, 2003, but prior to the date of
enactment of this Act is eligible for an increase in its FMAP
under subsection (d) or an increase in a cap amount under
subsection (e) in the first calendar quarter (and subsequent
calendar quarters) in which the State has reinstated
eligibility that is no more restrictive than the eligibility
under such plan (or waiver) as in effect on September 2, 2003.
(3) Rule of construction.--Nothing in paragraph (1) or (2)
shall be construed as affecting a State's flexibility with
respect to benefits offered under the State medicaid program
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) (including any waiver under such title or under section
1115 of such Act (42 U.S.C. 1315)).
(h) Sunset Date.--This section is repealed, effective October 1,
2004.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, the Judiciary, and Government Reform, 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 Energy and Commerce, the Judiciary, and Government Reform, 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 Energy and Commerce, the Judiciary, and Government Reform, 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 Energy and Commerce, the Judiciary, and Government Reform, 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 Energy and Commerce, the Judiciary, and Government Reform, 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 Highways, Transit and Pipelines.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Railroads.
Referred to the Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census.
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.