[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3524 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3524

   To authorize the Secretary of Homeland Security to make grants to 
  encourage community safety by incorporating disaster mitigation and 
 emergency preparedness into comprehensive land use planning and urban 
                  development, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

Mr. Blumenauer (for himself and Mr. Weldon of Pennsylvania) introduced 
  the following bill; which was referred to the Committee on Homeland 
   Security, and in addition to the Committee on Transportation and 
   Infrastructure, 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 authorize the Secretary of Homeland Security to make grants to 
  encourage community safety by incorporating disaster mitigation and 
 emergency preparedness into comprehensive land use planning and urban 
                  development, and for other purposes.

    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 ``Safe Communities Act of 2005''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Land use and public facility planning at both the State 
        and local levels have not had adequate financial resources to 
        fully incorporate the threats posed both by natural and human-
        caused disasters, including acts of terrorism. Too frequently 
        this has resulted in costly disaster relief programs and 
        piecemeal, ad hoc security responses, such as unattractive 
        physical barriers that disrupt and adversely impact the 
        physical, social, economic, and civic lives in United States 
        communities.
            (2) Although land use planning is rightfully within the 
        jurisdiction of State and local governments, encouraging 
        community safety by incorporating disaster mitigation and 
        emergency preparedness into comprehensive land use planning and 
        urban development should be supported by the Federal Government 
        and State governments.
            (3) Disaster response and relief efforts impose significant 
        costs to United States taxpayers. Federal expenditure is 
        heavily weighted to post-disaster recovery, rather than 
        mitigation. Planning should be undertaken to prevent property 
        damage and human casualties, proactively incorporating 
        mitigation strategies and methods from the professional fields 
        of urban, community, and regional planning (including 
        transportation and land use), architecture, landscape 
        architecture, and urban design.
            (4) Disaster planning has traditionally been biased toward 
        facilitating efficient responses and recovery, potentially to 
        the detriment of other planning goals. Comprehensive planning 
        can incorporate a range of effective practices for reducing 
        risks posed by natural disasters and terrorist acts. The 
        Federal Government and States should provide a supportive 
        climate and statutory context for comprehensive planning.
            (5) Many States have land use statutes that do not 
        currently support comprehensive planning for safe communities, 
        and many States are undertaking efforts to update and reform 
        statutes to better enable planning efforts that incorporate 
        long-term hazard mitigation and emergency preparedness.
            (6) Efforts to coordinate State and regional investments, 
        including at-risk public infrastructure, with local plans 
        require additional State level planning.
            (7) Comprehensive urban planning takes into account the 
        relationship between land use, transportation systems, water 
        and wastewater facilities, open space, and other critical 
        infrastructure in promoting safe and economically viable 
        communities.
            (8) Local governments should integrate safety 
        considerations into comprehensive planning efforts.
            (9) Safe housing is an essential component of safe 
        community development, and comprehensive planning should 
        incorporate modern, scientific planning techniques to ensure 
        that a broad range of safe housing options are available to all 
        members of the Nation's communities.
            (10) Prevailing land use patterns often place people, 
        structures, and environmental systems at great risk. Poorly-
        regulated rural communities and small towns located on the 
        metropolitan fringe often face significant growth pressures, 
        resulting in haphazard development patterns that do not 
        incorporate regional impacts on critical disaster-reduction 
        systems, such as open space and wetlands.
            (11) The Federal Government and State governments should 
        support the efforts of tribal governments and Native Hawaiian 
        organizations to implement land use planning and community 
        development to improve the safety of housing and socioeconomic 
        conditions for Indian tribes and Native Hawaiians.

SEC. 3. SAFE COMMUNITIES PLANNING GRANTS.

    (a) Grant Program Authorized.--The Secretary of Homeland Security 
shall establish a program to provide grants to States and local 
governments for the purpose of assisting in--
            (1) the development or revision of land use planning 
        statutes, and State or local comprehensive planning documents, 
        in those States or local governments that either do not have 
        land use planning statutes, or have inadequate or outmoded land 
        use planning statutes and regulations, such that planning 
        efforts have not adequately incorporated strategies to mitigate 
        natural and human-caused hazards, including acts of terror, or 
        otherwise hinder coordination of comprehensive planning and 
        emergency preparedness efforts;
            (2) the creation or revision of State land use planning 
        statutes and local comprehensive land use plans or plan 
        elements in those States or local governments that have land 
        use planning statutes that incorporate risk-reduction and 
        natural and human-caused hazard mitigation; and
            (3) the development or revision of comprehensive land use 
        plans or plan elements for multi-State regions.
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a State or local planning director shall submit to the 
Secretary an application, in such form as the Secretary may require, 
that demonstrates to the Secretary that the basic goals of the State or 
local government regarding land use planning legislation or regulation 
are consistent with all of the following guidelines:
            (1) Citizen engagement.--Public notification, citizen 
        representation, and stakeholder involvement in a consensus-
        based, multi-disciplinary planning process are required in 
        developing, adopting, and updating land use plans.
            (2) Multijurisdictional cooperation.--In order to 
        effectively assess the risks posed to communities by natural 
        hazards and terrorist acts, planning legislation, comprehensive 
        plans, and regulations are created based on multijurisdictional 
        governmental cooperation.
            (3) Multi-agency coordination.--In order to effectively 
        assess the risks posed to communities by natural hazards and 
        terrorist acts, planning legislation, comprehensive plans, and 
        regulations are created based on cooperation between Federal, 
        State, and local government agencies.
            (4) Implementation elements.--Land use plans contain an 
        implementation element that--
                    (A) includes a timetable for action and a 
                definition of the respective roles and responsibilities 
                of agencies, local governments, and citizens of the 
                State;
                    (B) is consistent with State and local capital 
                budget objectives; and
                    (C) provides the framework for decisions relating 
                to the siting of future infrastructure development, 
                including development of utilities and utility 
                distribution systems.
            (5) Comprehensive planning.--There is comprehensive 
        planning to encourage land use plans that incorporate risk 
        assessment and mitigation into any of State or locally-
        adopted--
                    (A) comprehensive plans;
                    (B) urban design guidelines;
                    (C) building codes; and
                    (D) transportation plans, addressing both facility 
                investment and operations.
            (6) Updating.--The State or local government addresses how 
        comprehensive plans, including land use plans, urban design 
        guidelines, building codes and transportation plans, will be 
        updated over time.
            (7) Standards.--Comprehensive plans reflect an approach 
        that is consistent with established professional planning 
        standards.
    (c) Use of Grant Funds.--Grant funds received by a State or local 
government under subsection (a) shall be used for one or more of the 
following purposes:
            (1) Developing a comprehensive land use plan and 
        integrating natural hazard mitigation and security plan 
        elements into locally adopted and statewide comprehensive 
        plans.
            (2) Assessing, inventorying, or mapping critical public 
        infrastructure for use in developing land use and community 
        development policies.
            (3) Developing geographical information systems, including 
        technology acquisition, data development, modernization, 
        coordination, and technical assistance.
            (4) Acquiring and developing scenario planning, risk 
        assessment, or vulnerability analysis technology.
            (5) Reviewing and updating building codes, zoning, land use 
        regulations, and State-level enabling legislation.
            (6) Implementing CPTED (Crime Prevention Through 
        Environmental Design) initiatives.
            (7) Assessing risk and vulnerability, particularly related 
        to land use.
            (8) Incorporating mitigation and security elements in 
        transportation plans, facilities, and operations.
            (9) Incorporating regional security plans with regional 
        transportation or land use plans.
            (10) Encouraging interagency cooperation, particularly 
        between first-responders and State and local planning agencies.
            (11) Identifying natural hazard areas and integrating them 
        into updates of comprehensive plans, land use regulations, 
        zoning, and building codes.
    (d) Amount of Grant.--The amount of a grant under subsection (a) 
shall not exceed $1,125,000.
    (e) Cost-Sharing.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of a project funded with a grant under subsection 
        (a) shall not exceed 90 percent.
            (2) Increased federal share.--The Secretary may increase 
        the Federal share in the case of a grant to a tribal government 
        or Native Hawaiian organization if the Secretary finds that the 
        tribal government or Native Hawaiian organization does not have 
        sufficient funds to contribute to the project.
    (f) Coordination.--The Secretary shall encourage Federal land 
management agencies to coordinate land use planning for Federal land 
with the State or local planning director responsible for the drafting 
and updating of State guide plans or guidance documents regulating land 
use and infrastructure development on a statewide basis.
    (g) Audits.--
            (1) In general.--The Inspector General of the Department of 
        Homeland Security shall conduct an audit of a portion of the 
        grants provided under this section to ensure that all funds 
        provided under the grants are used for the purposes specified 
        in this section.
            (2) Use of audit results.--The results of audits conducted 
        under paragraph (1) and any recommendations made in connection 
        with the audits shall be taken into consideration in awarding 
        any future grant under this section to a State.
    (h) Definitions.--In this section, the following definitions apply:
            (1) Land use planning legislation.--The term ``land use 
        planning legislation'' means a statute, regulation, executive 
        order or other action taken by a State or local government to 
        guide, regulate, and assist in the planning, regulation, and 
        management of land, natural resources, development practices, 
        and other activities related to the pattern and scope of future 
        land use.
            (2) Comprehensive plan.--The term ``comprehensive plan'' 
        means a binding or non-binding planning document adopted for 
        the purpose of regulation and management of land, natural 
        resources, development practices, infrastructure investments, 
        and other activities related to the pattern and scope of future 
        land use and urban development.
            (3) State.--The term ``State'' means any of the following:
                    (A) One of the 50 States, the District of Columbia, 
                the Commonwealth of Puerto Rico, the Virgin Islands, 
                Guam, American Samoa, or the Commonwealth of the 
                Northern Mariana Islands.
                    (B) A tribal government.
                    (C) A Native Hawaiian organization, as defined in 
                section 8(a)(15) of the Small Business Act (15 U.S.C. 
                637(a)(15)).
            (4) State planning director.--The term ``State planning 
        director'' means a State official designated by statute or by 
        the chief executive officer of the State whose principal 
        responsibility is the drafting and updating of State guide 
        plans or guidance documents that regulate land use and 
        development on a statewide basis.
            (5) Local planning director.--The term ``local planning 
        director'' means a local official designated by statute, by the 
        mayor, or by the city council whose principal responsibility is 
        the drafting and updating of local comprehensive plans or 
        guidance documents that regulate land use and development 
        within the local government's jurisdiction.
            (6) Tribal government.--The term ``tribal government'' 
        means the tribal government of an Indian tribe, as defined in 
        section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b).

SEC. 4 SAFE COMMUNITIES PLANNING RESEARCH.

    (a) Research Program Authorized.--The Secretary of Homeland 
Security, in coordination with governmental, nongovernmental, 
university, and commercial partners, shall conduct research and 
analysis of the best practices in comprehensive land use and community 
planning that aims to reduce threats posed by natural hazards and acts 
of terrorism, focusing on--
            (1) the integration of Federal facility security with local 
        and regional plans, codes, and regulations;
            (2) examination of the impacts of security strategies, 
        facilities, and design on the overall physical and social 
        environment of a community, including the functionality and 
        accessibility of its streets, neighborhoods, civic and 
        commercial building, and public spaces; and
            (3) integration of comprehensive mapping and risk-
        assessment tools and strategies.
    (b) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall report to Congress on best 
practices in community security and safety planning, including--
            (1) an evaluation of land use and development codes and 
        ordinances that aim to reduce the risks posed by natural 
        hazards and acts of terrorism;
            (2) an evaluation of software and other tools that have 
        been developed to aide communities in planning for safe 
        development;
            (3) an evaluation of codes, ordinances, security design 
        standards, and design tools that aim to encourage safe planning 
        in the siting and design of residential development; and
            (4) evaluation of best practices in incorporating safety 
        and security into infrastructure planning, including water, 
        wastewater, and storm water facilities, transportation systems, 
        and electricity generation and distribution facilities.
In determining best practices, the Secretary shall take into 
consideration regional, State, and local differences, and shall 
evaluate practices in terms of risk-reduction and cost.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this section 
$57,250,000 for each of the fiscal years 2007 through 2011, of which --
            (1) $56,250,000 shall be used for making grants under 
        section 3; and
            (2) $300,000 shall be used to carry out section 4.
                                 <all>