[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 565 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 565

To improve homeland security, prevent tax increases, support education 
              and health care, and strengthen the economy.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2003

  Mr. Edwards introduced the following bill; which was read twice and 
              referred to the Committee on Appropriations

_______________________________________________________________________

                                 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.
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