[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 466 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 466

   To provide financial assistance to State and local governments to 
assist them in preventing and responding to acts of terrorism in order 
                  to better protect homeland security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2003

Mr. Daschle (for himself and Mr. Leahy) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide financial assistance to State and local governments to 
assist them in preventing and responding to acts of terrorism in order 
                  to better protect homeland security.

    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 ``First Responders Partnership Grant 
Act of 2003''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Indian tribe.--The term ``Indian tribe'' has the same 
        meaning as in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e)).
            (2) Law enforcement officer.--The term ``law enforcement 
        officer'' means any officer, agent, or employee of a State, 
        unit of local government, public or private college or 
        university, or Indian tribe authorized by law or by a 
        government agency to engage in or supervise the prevention, 
        detection, or investigation of any violation of criminal law, 
        or authorized by law to supervise sentenced criminal offenders.
            (3) Public safety officer.--The term ``public safety 
        officer'' means any person serving a public or private agency 
        with or without compensation as a law enforcement officer, as a 
        firefighter, or as a member of a rescue squad or ambulance 
        crew.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (5) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            (6) Unit of local government.--The term ``unit of local 
        government'' means a county, municipality, town, township, 
        village, parish, borough, or other unit of general government 
        below the State level.

SEC. 3. FIRST RESPONDERS PARTNERSHIP GRANT PROGRAM FOR PUBLIC SAFETY 
              OFFICERS.

    (a) In General.--The Secretary is authorized to make grants to 
States, units of local government, and Indian tribes to support public 
safety officers in their efforts to protect homeland security and 
prevent and respond to acts of terrorism.
    (b) Use of Funds.--Grants awarded under this section shall be--
            (1) distributed directly to the State, unit of local 
        government, or Indian tribe; and
            (2) used to fund overtime expenses, equipment, training, 
        and facilities to support public safety officers in their 
        efforts to protect homeland security and prevent and respond to 
        acts of terrorism.
    (c) Allocation and Distribution of Funds.--
            (1) Set-aside for indian tribes.--
                    (A) In general.--The Secretary shall reserve 1 
                percent of the amount appropriated for grants pursuant 
                to this Act to be used for grants to Indian tribes.
                    (B) Selection of indian tribes.--
                            (i) In general.--The Secretary shall award 
                        grants under this subparagraph to Indian tribes 
                        on the basis of a competition conducted 
                        pursuant to specific criteria.
                            (ii) Rulemaking.--The criteria under clause 
                        (i) shall be contained in a regulation 
                        promulgated by the Secretary after notice and 
                        public comment.
            (2) Set-aside for rural states.--
                    (A) In general.--The Secretary shall reserve 5 
                percent of the amount appropriated for grants pursuant 
                to this Act to be used for grants to rural States.
                    (B) Selection of rural states.--The Secretary shall 
                award grants under this paragraph to rural States (as 
                defined in section 1501(b) of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (42 U.S.C. 3796bb(b))).
            (3) Minimum amount.--The Secretary shall allocate, from the 
        total amount appropriated for grants to States under this 
        section--
                    (A) not less than 0.75 percent for each State; and
                    (B) not less than 0.25 percent for American Samoa, 
                Guam, the Northern Mariana Islands, and the United 
                States Virgin Islands, respectively.
            (4) Allocation to metropolitan cities and urban counties.--
        The balance of the total amount appropriated for grants to 
        States under this section after allocations have been made to 
        Indian tribes, rural States, and the minimum amount to each 
        State pursuant to paragraphs (1) through (3), shall be 
        allocated by the Secretary to metropolitan cities and urban 
        counties pursuant to paragraphs (5) and (6).
            (5) Computation of amount allocated to metropolitan 
        cities.--
                    (A) 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--
                            (i) the population of the metropolitan city 
                        divided by the population of all metropolitan 
                        cities;
                            (ii) the potential chemical security risk 
                        of the metropolitan city divided by the 
                        potential chemical security risk of all 
                        metropolitan cities;
                            (iii) the proximity of the metropolitan 
                        city to the nearest operating nuclear power 
                        plant compared to the proximity of all 
                        metropolitan cities to the nearest operating 
                        nuclear power plant to each such city;
                            (iv) the proximity of the metropolitan 
                        cities to the nearest United States land or 
                        water port compared with the proximity of all 
                        metropolitan cities to the nearest United 
                        States land or water port to each such city;
                            (v) the proximity of the metropolitan city 
                        to the nearest international border compared 
                        with the proximity of all metropolitan cities 
                        to the nearest international border to each 
                        such city; and
                            (vi) the proximity of the metropolitan city 
                        to the nearest Disaster Medical Assistance Team 
                        (referred to in this subsection as ``DMAT'') 
                        compared with the proximity of all metropolitan 
                        cities to the nearest DMAT to each such city.
                    (B) Clarification of computation ratios.--
                            (i) Relative weight of factor.--In 
                        determining the average of the ratios under 
                        subparagraph (A)--
                                    (I) the ratio involving population 
                                shall constitute 50 percent of the 
                                formula in calculating the allocation; 
                                and
                                    (II) the remaining factors shall be 
                                equally weighted.
                            (ii) Potential chemical security risk.--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 subparagraph (A)(ii) shall be 1 divided 
                        by the total number of metropolitan cities that 
                        are within such a zone.
                            (iii) 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 subparagraph 
                        (A)(iii) 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.
                            (iv) 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 1 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 subparagraph 
                        (A)(iv) 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.
                            (v) Proximity to international border.--If 
                        a metropolitan city is located within 50 miles 
                        of an international border, the ratio under 
                        subparagraph (A)(v) shall be 1 divided by the 
                        total number of metropolitan cities that are 
                        located within 50 miles of an international 
                        border.
                            (vi) Proximity to disaster medical 
                        assistance team.--If a metropolitan city is 
                        located within 50 miles of a DMAT, as organized 
                        by the National Disaster Medical System, the 
                        ratio under subparagraph (A)(vi) shall be 1 
                        divided by the total number of metropolitan 
                        cities that are located within 50 miles of a 
                        DMAT.
            (6) Computation of amount allocated to urban counties.--
                    (A) 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--
                            (i) the population of the urban county 
                        divided by the population of all urban 
                        counties;
                            (ii) the potential chemical security risk 
                        of the urban county divided by the potential 
                        chemical security risk of all urban counties;
                            (iii) the proximity of the urban county to 
                        the nearest operating nuclear power plant 
                        compared to the proximity of all urban counties 
                        to the nearest operating nuclear power plant to 
                        each such county;
                            (iv) the proximity of the urban counties to 
                        the nearest United States land or water port 
                        compared with the proximity of all urban 
                        counties to the nearest United States land or 
                        water port to each such county;
                            (v) the proximity of the urban county to 
                        the nearest international border compared with 
                        the proximity of all urban counties to the 
                        nearest international border to each such 
                        county; and
                            (vi) the proximity of the urban county to 
                        the nearest Disaster Medical Assistance Team 
                        (referred to in this subsection as ``DMAT'') 
                        compared with the proximity of all urban 
                        counties to the nearest DMAT to each such 
                        county.
                    (B) Clarification of computation ratios.--
                            (i) Relative weight of factor.--In 
                        determining the average of the ratios under 
                        subparagraph (A)--
                                    (I) the ratio involving population 
                                shall constitute 50 percent of the 
                                formula in calculating the allocation; 
                                and
                                    (II) the remaining factors shall be 
                                equally weighted.
                            (ii) Potential chemical security risk.--If 
                        an 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 subparagraph (A)(ii) shall be 1 divided 
                        by the total number of urban counties that are 
                        within such a zone.
                            (iii) Proximity as it pertains to nuclear 
                        security.--If an urban county is located within 
                        50 miles of an operating nuclear power plant 
                        (as identified by the Nuclear Regulatory 
                        Commission), the ratio under subparagraph 
                        (A)(iii) 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.
                            (iv) Proximity as it pertains to port 
                        security.--If an 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 1 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 subparagraph 
                        (A)(iv) 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.
                            (v) Proximity to international border.--If 
                        an urban county is located within 50 miles of 
                        an international border, the ratio under 
                        subparagraph (A)(v) shall be 1 divided by the 
                        total number of urban counties that are located 
                        within 50 miles of an international border.
                            (vi) Proximity to disaster medical 
                        assistance team.--If an urban county is located 
                        within 50 miles of a DMAT, as organized by the 
                        National Disaster Medical System, the ratio 
                        under subparagraph (A)(vi) shall be 1 divided 
                        by the total number of urban counties that are 
                        located within 50 miles of a DMAT.
            (7) Exclusions.--
                    (A) In general.--In computing amounts or exclusions 
                under paragraph (6) with respect to any urban county, 
                units of general local government located in the county 
                shall be excluded if the populations of such units are 
                not counted to determine the eligibility of the urban 
                county to receive a grant under this subsection.
                    (B) Independent cities.--
                            (i) In general.--In computing amounts under 
                        subparagraph (A), there shall be included any 
                        independent city (as defined by the Bureau of 
                        the Census) which--
                                    (I) is not part of any county;
                                    (II) is not eligible for a grant;
                                    (III) is contiguous to the urban 
                                county;
                                    (IV) 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
                                    (V) is not included as a part of 
                                any other unit of general local 
                                government for purposes of this 
                                section.
                            (ii) Limitation.--Any independent city that 
                        is included in the computation under this 
                        clause (i) shall not be eligible to receive 
                        assistance under this subsection for the fiscal 
year for which such computation is used to allocate such assistance.
            (8) Inclusion.--
                    (A) Local government straddling county line.--In 
                computing amounts or exclusions under paragraph (6) 
                with respect to any urban county, all of the area of 
                any unit of local government shall be included, which 
                is part of, but is not located entirely within the 
                boundaries of, such urban county if--
                            (i) 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 subsection; and
                            (ii) 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 subsection.
                    (B) Use of grant funds outside urban county.--Any 
                amount received under this section by an urban county 
                described under subparagraph (A) may be used with 
                respect to the part of such unit of local government 
                that is outside the boundaries of such urban county.
            (9) Population.--
                    (A) 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.
                    (B) Limitation.--Subparagraph (A) shall apply only 
                to a consolidation that--
                            (i) 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;
                            (ii) included the entire urban county that 
                        received a grant under this section for the 
                        fiscal year preceding such consolidation; and
                            (iii) took place on or after January 1, 
                        2003.
                    (C) Growth rate.--The population growth rate of all 
                metropolitan cities defined in this section shall be 
                based on the population of--
                            (i) metropolitan cities other than 
                        consolidated governments the grant for which is 
                        determined under this paragraph; and
                            (ii) cities that were metropolitan cities 
                        before their incorporation into consolidated 
                        governments.
    (d) Maximum Amount per Grantee.--
            (1) In general.--A qualifying State, unit of local 
        government, or Indian tribe may not receive more than 5 percent 
        of the total amount appropriated for grants under this Act.
            (2) Aggregate amount per state.--A State, together with the 
        grantees within the State, may not receive more than 20 percent 
        of the total amount appropriated for grants under this Act.
    (e) Matching Funds.--
            (1) In general.--The portion of the costs of a program 
        provided by a grant under subsection (a) may not exceed 90 
        percent.
            (2) Waiver.--If the Secretary determines that a grantee is 
        experiencing fiscal hardship, the Secretary may waive, in whole 
        or in part, the matching requirement under paragraph (1).
            (3) Exception.--Any funds appropriated by Congress for the 
        activities of any agency of an Indian tribal government or the 
        Bureau of Indian Affairs performing law enforcement functions 
        on any Indian lands may be used to provide the non-Federal 
        share of a matching requirement under paragraph (1).

SEC. 4. APPLICATIONS.

    (a) In General.--To request a grant under this Act, the chief 
executive of a State, unit of local government, or Indian tribe shall 
submit an application to the Secretary in such form and containing such 
information as the Secretary may reasonably require.
    (b) Regulations.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall promulgate regulations to 
implement this section (including the information that must be included 
and the requirements that the States, units of local government, and 
Indian tribes must meet) in submitting the applications required under 
this section.

SEC. 5. AUTHORIZATION AND APPROPRIATION.

    There are authorized to be appropriated, and are appropriated, 
$5,000,000,000 for fiscal year 2003 to carry out this Act.
                                 <all>