[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 140 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 140

To provide for a domestic defense fund to improve the Nation's homeland 
                    defense, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES



  Mrs. Clinton (for herself and Mr. Schumer) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for a domestic defense fund to improve the Nation's homeland 
                    defense, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Domestic Defense 
Fund Act of 2005''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
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 and communication systems.
Sec. 9. Urban Area Security Initiative.
Sec. 10. Flexible emergency assistance fund.
Sec. 11. Federal preparedness, equipment, and training standards.
Sec. 12. Nondiscrimination in programs and activities.
Sec. 13. Remedies for noncompliance with requirements.
Sec. 14. Reporting requirements.
Sec. 15. Consultation by Attorney General.
Sec. 16. Interstate agreements or compacts; purposes.
Sec. 17. Matching requirements; suspension of requirements for 
                            economically distressed areas.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Since the September 11, 2001, terrorist attacks on our 
        country, communities all across America have been on the front 
        lines in the war against terrorism on United States soil.
            (2) Since September 11, 2001, communities have been forced 
        to bear a significant portion of the burden that goes along 
        with the war against terrorism, a burden that local governments 
        should not have to bear 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.
            (4) Homeland security experts have repeatedly called upon 
        Congress to allocate homeland security resources based on 
        threat- and risk-based factors. The National Commission on 
        Terrorist Attacks Upon the United States (referred to in this 
        Act as the ``9/11 Commission'') stated in its report: ``We 
        understand the contention that every State and city needs to 
        have some minimum infrastructure for emergency response. But 
        Federal homeland security assistance should not remain a 
        program for general revenue sharing. It should supplement State 
        and local resources based on the risks or vulnerability that 
        merit additional support. Congress should not use this money as 
        a pork barrel.'' The Commission made unequivocally clear that 
        the current method of allocating the majority of Federal 
        homeland security resources to states and local communities, on 
        a per capita basis alone, must be changed.
            (5) Not only did the 9/11 Commission recommend that such 
        changes be made in how Federal homeland security funds are 
        allocated, but commissions before it, such as the Homeland 
        Security Independent Task Force of the Council on Foreign 
        Relations, chaired by former Senators Gary Hart and Warren 
        Rudman, have strongly recommended it as well.
            (6) The Hart-Rudman Commission stated almost 2 years ago 
        that ``Congress should establish a system for allocating scarce 
        resources based less on dividing the spoils and more on 
        addressing identified threats and vulnerabilities. To do this, 
        the Federal Government should consider such factors as 
        population, population density, vulnerability assessment, and 
        presence of critical infrastructure within each State.''
            (7) In addition to the need for threat and risk-based 
        funding, direct funding to our major cities and counties across 
        the country is necessary if we are to ensure that these 
        communities, who are on the front lines of our nation's 
        homeland defense, receive critical Federal homeland security 
        resources quickly and efficiently. Numerous reports by 
        organizations such as the United States Conference of Mayors, 
        have clearly demonstrated that the current method of 
        distributing Federal homeland security resources intended for 
        local communities has not worked. Too often, too many 
        communities receive resources, if at all, years after Congress 
        appropriated the subject funds.

SEC. 3. DEFINITIONS.

    (a) Definitions.--As used in this Act, the following definitions 
shall apply:
            (1) 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) does not contain within its 
                        boundaries any incorporated place, as defined 
                        by the United States Bureau of the Census, that 
                        has not entered into cooperation agreements 
                        with such town or township to undertake or to 
                        assist in the performance of homeland security 
                        objectives.
            (2) 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.
            (3) 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.
            (4) Metropolitan area.--The term ``metropolitan area'' 
        means a standard metropolitan statistical area as established 
        by the Office of Management and Budget.
            (5) 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.
            (6) 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.
            (7) 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.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department of Homeland Security.
            (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.--
            (1) Basis.--Where appropriate, the definitions listed 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 90 days before the beginning of 
        such fiscal year.
            (2) Modification.--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.--The chief executive officer of 
a State or a unit of general local government may designate 1 or more 
public agencies, including existing local public agencies, to undertake 
activities assisted under this Act.
    (d) Inclusion of Local Governments 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 
2005 under section 4, the population of any unit of general local 
government which is included in that of an urban county shall be 
included in the population of such urban county for 3 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 3-year period.
    (e) Exclusion of Local Governments From Urban County Population.--
            (1) Notification by urban county.--Any county seeking 
        qualification as an urban county, including any urban county 
        seeking to continue such qualification, shall notify each unit 
        of general local government, located within its geographical 
        boundaries and eligible to elect to have its population 
        excluded from that of the 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.
            (2) Failure of local government to elect to be excluded.--
        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 under 
        subsection (d).

SEC. 4. GRANTS TO STATES, UNITS OF GENERAL LOCAL GOVERNMENT AND INDIAN 
              TRIBES; AUTHORIZATIONS.

    (a) Authorization.--The Secretary may award grants to States, units 
of general local government, and Indian tribes to carry out activities 
in accordance with this Act.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out section 7--
                    (A) $3,500,000 for each of the fiscal years 2006 
                through 2009; and
                    (B) such sums as may be necessary for fiscal year 
                2010 and each fiscal year thereafter.
            (2) State, regional, and local planning, training, and 
        communication systems.--There are authorized to be appropriated 
        to carry out section 8--
                    (A) $1,000,000,000 for each of the fiscal years 
                2006 through 2009; and
                    (B) such sums as may be necessary for fiscal year 
                2010 and each fiscal year thereafter.
            (3) Urban area security initiative (uasi).--There are 
        authorized to be appropriated to carry out section 9--
                    (A) $2,000,000,000 for each of the fiscal years 
                2006 through 2009; and
                    (B) such sums as may be necessary for fiscal year 
                2010 and each fiscal year thereafter.
            (4) Homeland security flexible emergency assistance.--There 
        are authorized to be appropriated to carry out section 10--
                    (A) $500,000,000 for each of the fiscal years 2006 
                through 2009; and
                    (B) such sums as may be necessary for fiscal year 
                2010 and each fiscal year thereafter.
    (c) Supplement Not Supplant.--Funds appropriated pursuant to the 
authority of this section shall be used to supplement and not supplant 
full Federal funding for other first responder programs, including--
            (1) the Community Oriented Policing Services Program, as 
        authorized under part Q of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.);
            (2) the Local Law Enforcement Block Grant Program, as 
        authorized under the Violent Crime Control and Law Enforcement 
        Act of 1994 (Public Law 103-322) and described in H.R. 728, as 
        passed by the House of Representatives on February 14, 1995;
            (3) the Edward Byrne Memorial State and Local Law 
        Enforcement Assistance Programs, as authorized under part E of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3750 et seq.);
            (4) the Assistance to Firefighters Grant Program, as 
        authorized under section 33 of the Federal Fire Prevention and 
        Control Act of 1974 (15 U.S.C. 2229); and
            (5) section 34 of the Federal Fire Prevention and Control 
        Act of 1974 (15 U.S.C. 2229a).

SEC. 5. STATEMENT OF ACTIVITIES AND REVIEW.

    (a) Application.--
            (1) In general.--A State, metropolitan city, urban county, 
        or unit of general local government desiring a grant under 
        subsection (b) or (i) of section 7 shall submit an application 
        to the Secretary that contains--
                    (A) a statement of homeland security objectives and 
                projected use of grant funds; and
                    (B) the certifications required under paragraph (2) 
                and, if 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, 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 
                required under this subsection, 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 under this paragraph for the preparation and 
                submission of such statement.
            (3) Certification of enumerated criteria by grantee to 
        secretary.--A grant under section 7 shall not be awarded unless 
        the grantee certifies to the satisfaction of the Secretary that 
        the grantee--
                    (A) has developed a homeland security plan 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) 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, not later than 1 year after the date of 
                enactment 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.--Not less than annually, the 
        Secretary shall make such reviews and audits as may be 
        necessary or appropriate to determine--
                    (A) in the case of grants awarded under section 
                7(b), whether the grantee--
                            (i) has carried out its activities;
                            (ii) where applicable, has carried out its 
                        activities and its certifications in accordance 
                        with the requirements and the primary 
                        objectives of this Act and with other 
                        applicable laws; and
                            (iii) 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--
                            (i) 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;
                            (ii) has carried out its certifications in 
                        compliance with the requirements of this Act 
                        and other applicable laws; and
                            (iii) 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 Government Accountability Office under such rules and 
regulations as may be prescribed by the Comptroller General of the 
United States. The representatives of the Government Accountability 
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 
subsection (a) and carrying out activities under this Act.

SEC. 6. ACTIVITIES ELIGIBLE FOR ASSISTANCE.

    Activities assisted under this Act may include--
            (1) funding additional law enforcement, fire, and emergency 
        resources, including covering construction, straight time, and 
        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, electrical grids, and other 
                energy infrastructure;
                    (B) security for tunnels, bridges, locks, canals, 
                railway systems, airports, land and water ports, and 
                other transportation infrastructure;
                    (C) security for oil and gas pipelines and storage 
                facilities;
                    (D) security for chemical plants and transportation 
                of hazardous substances;
                    (E) security for agriculture infrastructure; and
                    (F) security for national icons and Federal 
                facilities that may be terrorist targets;
            (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.

SEC. 7. ALLOCATION AND DISTRIBUTION OF FUNDS.

    (a) Set-Aside for Indian Tribes.--
            (1) In general.--The Secretary shall reserve 1 percent of 
        the amount appropriated for each fiscal year for grants 
        pursuant to section 4(b)(1) (excluding the amounts for 
        activities described in section 6) for grants to Indian tribes.
            (2) Selection of indian tribes.--
                    (A) In general.--The Secretary shall distribute 
                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 Secretary, after notice and 
                public comment, shall promulgate regulations, which 
                establish the criteria described in subparagraph (A).
    (b) Allocation to Metropolitan Cities and Urban Counties.--
            (1) Allocation percentage.--Of the amount remaining after 
        allocations have been made to Indian tribes under subsection 
        (a), the Secretary shall, not later than 60 days after the date 
        on which such funds are appropriated, allocate and directly 
        transfer 70 percent 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 beyond 
        fiscal year 2008, from such allocation in an amount not to 
        exceed its basic amount computed pursuant to subsections (c) 
        and (d).
    (c) Computation of Amount Allocated to Metropolitan Cities.--
            (1) Vulnerability and threat factors.--The Secretary shall 
        calculate 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 (including tourist, military, 
                and commuting populations) of the metropolitan city 
                divided by the population of all metropolitan cities;
                    (B) the population density of the metropolitan 
                city;
                    (C) the proximity of the metropolitan city to 
                international borders;
                    (D) the vulnerability of the metropolitan city as 
                it pertains to chemical security;
                    (E) the vulnerability of the metropolitan city as 
                it pertains to nuclear security;
                    (F) the vulnerability of the metropolitan city as 
                it pertains to land and water port security;
                    (G) the vulnerability of the metropolitan city as 
                it pertains to the security of energy infrastructure;
                    (H) the vulnerability of the metropolitan city as 
                it pertains to the security of inland waterway 
                infrastructure;
                    (I) the vulnerability of the metropolitan city as 
                it pertains to the security of freight and passenger 
                rail transportation infrastructure;
                    (J) the vulnerability of the metropolitan city as 
                it pertains to the security of aviation infrastructure;
                    (K) the vulnerability of the metropolitan city as 
                it pertains to the security of agriculture 
                infrastructure;
                    (L) the proximity of the metropolitan city to the 
                nearest national icons and Federal facilities that may 
                be a terrorist target, as determined by the Department 
                of Homeland Security, and the proximity of all 
                metropolitan cities to the nearest national icons and 
                Federal buildings that may be a terrorist target, as 
                determined by the Department of Homeland Security; and
                    (M) the threat to the metropolitan city based upon 
                intelligence information from the Department of 
                Homeland Security;
            (2) Clarification of computation ratios.--
                    (A) Relative weight of factors.--In determining the 
                weighted average of the ratios under paragraph (1)--
                            (i) threat, as defined by paragraph (1)(M), 
                        shall constitute 25 percent;
                            (ii) population, as defined by paragraph 
                        (1)(A), shall constitute 20 percent;
                            (iii) population density, as defined by 
                        paragraph (1)(B), shall constitute 15 percent; 
                        and
                            (iv) the remaining factors shall be equally 
                        weighted.
                    (B) Population density.--The metropolitan cities 
                shall be ranked according to the density of their 
                populations in calculating the weighted average of this 
                factor. The population density ratio shall be 1 divided 
                by the total number of metropolitan cities, not to 
                exceed 100.
                    (C) Proximity to international borders.--If a 
                metropolitan city is located within 50 miles of an 
                international border, 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 international border.
                    (D) Vulnerability 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 development by the Environmental 
                Protection Agency or the Department of Homeland 
                Security that captures the same information for the 
                same facilities), the ratio under paragraph (1)(D) 
                shall be 1 divided by the total number of metropolitan 
                cities that are within such a zone, not to exceed 100.
                    (E) Vulnerability 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)(E) 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.
                    (F) Vulnerability as it pertains to port 
                security.--If a metropolitan city is located within 50 
                miles of--
                            (i) one of the 75 largest United States 
                        ports, as stated by the Department of 
                        Transportation, Bureau of Transportation 
                        Statistics, United States Ports Report by All 
                        Land Modes; or
                            (ii) one of the 25 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)(F) 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, not to exceed 100.
                    (G) Vulnerability as it pertains to energy 
                infrastructure security.--If a metropolitan city is 
                among the 100 metropolitan cities that are closest to, 
                or within 50 miles of, non-nuclear power generating 
                plants, compressors, and other significant components 
                of critical energy infrastructure as identified by the 
                Department of Energy or the Department of Homeland 
                Security, the ratio under paragraph (1)(G) shall be 1 
                divided by the total number of metropolitan cities that 
                are located within 50 miles of critical energy 
                infrastructure, not to exceed 100.
                    (H) Vulnerability as it pertains to inland waterway 
                infrastructure security.--If a metropolitan city is 
                among the 100 metropolitan cities that are closest to, 
                or within 50 miles of, the most significant locks, 
                canals, and other components of critical inland 
                waterway system infrastructure as identified by the 
                Department of Transportation, the ratio under paragraph 
                (1)(H) shall be 1 divided by the total number of 
                metropolitan cities that are located within 50 miles of 
                critical inland water infrastructure, not to exceed 
                100.
                    (I) Vulnerability as it pertains to rail 
                transportation infrastructure security.--If a 
                metropolitan city is among the 100 metropolitan cities 
                that are closest to, or within 50 miles of, the largest 
                railroad hubs and other significant components of 
                critical freight and passenger rail infrastructure, as 
                identified by the Department of Transportation, the 
                ratio under paragraph (1)(I) shall be 1 divided by the 
                total number of metropolitan cities that are located 
                within 50 miles of critical inland water 
                infrastructure, not to exceed 100.
                    (J) Vulnerability as it pertains to aviation 
                infrastructure security.--If a metropolitan city is 
                among the 100 metropolitan cities that are closest to, 
                or within 50 miles of, major passenger or cargo 
                airports that are significant components of the 
                Nation's air transportation infrastructure as 
                identified by the Department of Transportation, the 
                ratio under paragraph (1)(J) shall be 1 divided by the 
                total number of metropolitan cities that are located 
                within 50 miles of critical aviation transportation 
                infrastructure, not to exceed 100.
                    (K) Vulnerability as it pertains to agriculture 
                infrastructure security.--If a metropolitan city is 
                among the 100 metropolitan cities that are closest to, 
                or within 50 miles of, major feed yards, food 
                processing facilities, and other significant components 
                of the nation's agriculture infrastructure, as defined 
                and determined by the Department of Agriculture and the 
                Department of Homeland Security, the ratio under 
                paragraph (1)(K) shall be 1 divided by the total number 
                of metropolitan cities that are located within 50 miles 
                of critical agriculture infrastructure, not to exceed 
                100.
                    (L) Proximity to national icons and federal 
                buildings.--If a metropolitan city is among the 100 
                metropolitan cities that are closest to, or within 50 
                miles of, national icons and Federal buildings that the 
                Department of Homeland Security determines are most 
                vulnerable with respect to a terrorist attack, the 
                ratio under paragraph (1)(L) shall be 1 divided by the 
                total number of metropolitan cities that are located 
                within 50 miles of such icons or Federal buildings, not 
                to exceed 100.
                    (M) Intelligence.--If a metropolitan city is among 
                the 100 metropolitan cities that have been identified 
                by the Department of Homeland Security as being special 
                alert or heightened alert status for the longest 
                periods of time, the ratio under paragraph (1)(M) shall 
                be 1 divided by the total number of metropolitan cities 
                that have been identified by the Department of Homeland 
                Security, not to exceed 100.
    (d) Computation of Amount Allocated to Urban Counties.--
            (1) Vulnerability and threat factors.--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 (including tourist, military, 
                and commuting populations) of the urban county divided 
                by the population of all urban counties;
                    (B) the population density of the urban county;
                    (C) the proximity of the urban county to 
                international borders;
                    (D) the vulnerability of the urban county as it 
                pertains to chemical security;
                    (E) the vulnerability of the urban county as it 
                pertains to nuclear security;
                    (F) the vulnerability of the urban county as it 
                pertains land and water port security;
                    (G) the vulnerability of the urban county as it 
                pertains to the security of energy infrastructure;
                    (H) the vulnerability of the urban county as it 
                pertains to the security of inland waterway 
                infrastructure;
                    (I) the vulnerability of the urban county as it 
                pertains to the security of freight and passenger rail 
                transportation infrastructure;
                    (J) the vulnerability of the urban county as it 
                pertains to the security of aviation infrastructure;
                    (K) the vulnerability of the urban county as it 
                pertains to the security of agriculture infrastructure;
                    (L) the proximity of the urban county to the 
                nearest national icons and Federal facilities that may 
                be a terrorist target, as determined by the Department 
                of Homeland Security, and the proximity of all urban 
                counties to the nearest national icons and Federal 
                buildings that may be a terrorist target, as determined 
                by the Department of Homeland Security; and
                    (M) the threat to the urban county based upon 
                intelligence information from the Department of 
                Homeland Security;
            (2) Clarification of computation ratios.--
                    (A) Relative weight of factors.--In determining the 
                weighted average of the ratios under paragraph (1)--
                            (i) threat, as defined in paragraph (1)(M), 
                        shall constitute 25 percent;
                            (ii) population, as defined in paragraph 
                        (1)(A), shall constitute 20 percent;
                            (iii) population density, as defined in 
                        paragraph (1)(B), shall constitute 15 percent; 
                        and
                            (iv) the remaining factors shall be equally 
                        weighted.
                    (B) Population density.--The population density 
                ratio shall be 1 divided by the total number of urban 
                counties, not to exceed 100. The urban counties shall 
                be ranked according to the density of their populations 
                in calculating the weighted average of this factor.
                    (C) Proximity to international borders.--If an 
                urban county is located within 50 miles of an 
                international border, 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 international border.
                    (D) Vulnerability as it pertains to chemical 
                security.--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 
                development by the Environmental Protection Agency or 
                the Department of Homeland Security that captures the 
                same information for the same facilities), the ratio 
                under paragraph (1)(D) shall be 1 divided by the total 
                number of urban counties that are within such a zone, 
                not to exceed 100.
                    (E) Vulnerability 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 paragraph (1)(E) 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.
                    (F) Vulnerability as it pertains to port 
                security.--If an urban county is located within 50 
                miles of--
                            (i) one of the 75 largest United States 
                        ports, as stated by the Department of 
                        Transportation, Bureau of Transportation 
                        Statistics, United States Ports Report by All 
                        Land Modes; or
                            (ii) one of the 25 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)(F) 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, not to exceed 100.
                    (G) Vulnerability as it pertains to energy 
                infrastructure security.--If an urban county is among 
                the 100 urban counties that are closest to, or within 
                50 miles of, non-nuclear power generating plants, 
                compressors, and other significant components of 
                critical energy infrastructure as identified by the 
                Department of Energy or the Department of Homeland 
                Security, the ratio under paragraph (1)(G) shall be 1 
                divided by the total number of urban counties that are 
                located within 50 miles of critical energy 
                infrastructure, not to exceed 100.
                    (H) Vulnerability as it pertains to inland waterway 
                infrastructure security.--If an urban county is among 
                the 100 urban counties that are closest to, or within 
                50 miles of, the most significant locks, canals, and 
                other components of critical inland waterway system 
                infrastructure as identified by the Department of 
                Transportation, the ratio under paragraph (1)(H) shall 
                be 1 divided by the total number of urban counties that 
                are located within 50 miles of critical inland water 
                infrastructure, not to exceed 100.
                    (I) Vulnerability as it pertains to rail 
                transportation infrastructure security.--If an urban 
                county is among the 100 urban counties that are closest 
                to, or within 50 miles of, the largest railroad hubs 
                and other significant components of critical freight 
                and passenger rail infrastructure, as identified by the 
                Department of Transportation, the ratio under paragraph 
                (1)(I) shall be 1 divided by the total number of urban 
                counties that are located within 50 miles of critical 
                inland water infrastructure, not to exceed 100.
                    (J) Vulnerability as it pertains to aviation 
                infrastructure security.--If an urban county is among 
                the 100 urban counties that are closest to, or within 
                50 miles of, major passenger or cargo airports that are 
                significant components of the Nation's air 
                transportation infrastructure as identified by the 
                Department of Transportation, the ratio under paragraph 
                (1)(J) shall be 1 divided by the total number of urban 
                counties that are located within 50 miles of critical 
                aviation transportation infrastructure, not to exceed 
                100.
                    (K) Vulnerability as it pertains to agriculture 
                infrastructure security.--If urban county is among the 
                100 urban counties that are closest to, or within 50 
                miles of, major feed yards, food processing facilities, 
                and other significant components of the Nation's 
                agriculture infrastructure, as defined and determined 
                by the Department of Agriculture and the Department of 
                Homeland Security, the ratio under paragraph (1)(K) 
                shall be 1 divided by the total number of urban 
                counties that are located within 50 miles of critical 
                agriculture infrastructure, not to exceed 100.
                    (L) Proximity to national icons and federal 
                buildings.--If an urban county is among the 100 urban 
                counties that are closest to, or within 50 miles of, 
                national icons and Federal buildings that the 
                Department of Homeland Security determines are most 
                vulnerable with respect to a terrorist attack, the 
                ratio under paragraph (1)(L) shall be 1 divided by the 
                total number of urban counties that are located within 
                50 miles of such icons or Federal buildings, not to 
                exceed 100.
                    (M) Intelligence.--If an urban county is among the 
                100 urban counties that have been identified by the 
                Department of Homeland Security as being special alert 
                or heightened alert status for the longest periods of 
                time, the ratio under paragraph (1)(M) shall be 1 
                divided by the total number of urban counties that have 
                been identified by the Department of Homeland Security, 
                not to exceed 100.
    (e) Exclusions.--
            (1) In general.--In computing amounts or exclusions under 
        subsection (d) with respect to any urban county, units of 
        general local government located in the county that are not 
        included in the population of the county in determining the 
        eligibility of the county to receive a grant under this 
        subsection shall be excluded, except that any independent city 
        (as defined by the Bureau of the Census) shall be included if 
        it--
                    (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) for that 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, 2005.
            (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 under paragraph (2), 
        any amounts allocated to a metropolitan city or an urban county 
        under this section that are not received by the city or county 
        for a fiscal year because of failure to meet the requirements 
        of subsection (a) or (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 subsection 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 to any metropolitan city 
        the responsibility 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 under subsections (a) 
        and (b), the Secretary shall allocate 30 percent among the 
        States for use in nonqualifying communities.
            (2) Allocation formula.--
                    (A) Factors.--The Secretary shall make the 
                allocation for each State based on factors such as 
                threat, vulnerability, population, population density, 
                the presence of critical infrastructure, and other 
                factors considered appropriate by the Secretary.
                    (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) States.--A State shall distribute amounts it 
                receives under this subsection to units of general 
                local government located in nonqualifying areas of the 
                State in such manner and at such time as the Secretary 
                shall prescribe, consistent with the statement 
                submitted under section 5(a), and not later than 45 
                days after the date on which the State receives such 
                amounts from the Federal Government.
                    (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.--
                    (A) In general.--Except as provided under 
                subparagraph (B), each State shall be allocated, for 
                each fiscal year authorized under this Act and under 
                this section, the greater of--
                            (i) 0.25 percent of the total amount 
                        appropriated in the fiscal year for grants to 
                        States that are not located on an international 
                        border under this section;
                            (ii) 0.45 percent of the fatal amount 
                        appropriated in the fiscal year for grants to 
                        States that are located on an international 
                        border; or
                            (iii) the amount the State would otherwise 
                        be allocated under the formula set forth in 
                        this section.
                    (B) Exception.--Notwithstanding subparagraph (A), 
                the United States Virgin Islands, American Samoa, Guam, 
                and the Northern Mariana Islands shall each be 
                allocated 0.25 percent of the total amount appropriated 
                in each fiscal year for grants to States under this 
                section.
            (5) Administration.--
                    (A) In general.--Each State shall be responsible 
                for the administration of all funds received and 
                distributed under paragraph (1). Except as provided 
                under subparagraph (B), the State shall pay for all 
                administrative expenses incurred by the State in 
                carrying out its responsibilities under this Act.
                    (B) Federal share.--From the amounts received by 
                each State for distribution in nonqualifying areas, the 
                State may deduct an amount to pay--
                            (i) the first $150,000 of its 
                        administrative expenses under this subsection; 
                        and
                            (ii) 50 percent of any State administrative 
                        expenses under this subsection in excess of 
                        $150,000, which amount shall not exceed 2 
                        percent of the amount received by the State 
                        under paragraph (1).
                    (C) Distribution.--Any distribution by the 
                Secretary under paragraph (1) shall be made in 
                accordance with--
                            (i) determinations of the Secretary;
                            (ii) statements submitted and the other 
                        requirements under section 5 (except for 
                        subsection (c));
                            (iii) regulations and procedures prescribed 
                        by the Secretary.
                    (D) 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 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 use 
        not more than 1 percent 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 prescribe 
such qualification or submission dates as the Secretary determines to 
be 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 AND COMMUNICATION SYSTEMS.

    (a) Allocations.--From the amounts appropriated pursuant to section 
4(b)(2), the Secretary shall allocate $1,000,000,000 to States, 
regional cooperations, and units of general local government for--
            (1) homeland defense planning within the States;
            (2) providing increased security through additional first 
        responder personnel;
            (3) purchasing and refurbishing personal protective 
        equipment for first responder personnel;
            (4) homeland defense planning within the regions;
            (5) the development and maintenance of Statewide training 
        facilities and homeland security best-practices clearinghouses; 
        and
            (6) 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) $500,000,000 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) $400,000,000 shall be used by the States and units of 
        general local government 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.--Amounts allocated to States under this 
        section shall be allocated among the States based on factors 
        such as threat, vulnerability, population, population density, 
        the presence of critical infrastructure, and other factors 
        considered appropriate by the Secretary.
            (2) Minimum amount provision.--The provision under section 
        7(i)(4) relating to a minimum amount shall apply to amounts 
        allocated to States under this section.
            (3) Local communications systems.--
                    (A) In general.--Not less than 50 percent of the 
                amounts allocated under subsection (b)(4) shall be used 
                for the development and maintenance of local 
                communications systems.
                    (B) Distribution of funds.--Each State shall 
                distribute amounts reserved for local communications 
                systems in that State under subparagraph (A) to units 
                of general local government not later than 45 days 
                after the State receives such amounts from the Federal 
                Government.
    (d) Allocations to Regional Cooperations.--Funds allocated under 
subsection (b)(2) shall be allocated to regional cooperations and 
regional, multistate, or intrastate authorities, based upon the 
population of the areas covered by each regional cooperative.

SEC. 9. URBAN AREA SECURITY INITIATIVE.

    (a) Allocations.--
            (1) In general.--From the amounts appropriated pursuant to 
        section 4(b)(3), the Secretary shall allocate $2,000,000 for 
        discretionary grants made under the Urban Area Security 
        Initiative to high-threat, high-risk urban areas, as determined 
        by the Secretary, for their homeland security needs, and for 
        rail security, port security, inter-city bus security, trucking 
        industry security, and high-threat non-profit organizations.
            (2) Distribution.--Grant funds awarded under this section 
        shall be transferred directly to Urban Areas Security 
        Initiative recipients not later than 60 days after the date on 
        which funds are appropriated pursuant to section 4(b)(3).
    (b) Selection Criteria.--In selecting high-threat, high-risk urban 
area grantees under this section, the Secretary shall consider--
            (1) credible threat;
            (2) vulnerability;
            (3) the presence of critical infrastructure, including 
        infrastructure described in section 7;
            (4) population;
            (5) population density;
            (6) identified needs of public agencies; and
            (7) other factors considered appropriate by the Secretary.
    (c) Homeland Security Plan.--Each grantee awarded a grant under 
this section shall submit a homeland security plan to the State in 
which it is located and to the Secretary that describes the intended 
use of grant funds received under this section.
    (d) Minimum Amount.--Section 1014(c)(3) of the USA PATRIOT ACT (42 
U.S.C. 3711(c)(3)) and section 7(i)(4) of this Act shall not apply to 
funds awarded under this section.

SEC. 10. FLEXIBLE EMERGENCY ASSISTANCE FUND.

    (a) In General.--From the amounts appropriated pursuant to section 
4(b)(4), $500,000,000 shall be used to create a flexible emergency 
assistance fund, from which the Secretary shall provide funds directly 
to State and units of local government that incur extraordinary 
homeland security costs.
    (b) Release of Funds.--The Secretary may release emergency 
assistance funds to a State or local community as the Secretary 
determines to be appropriate, including--
            (1) when the Secretary determines that a State or local 
        community may be the specific target of a terrorist threat;
            (2) when a local community is the venue of a high profile 
        trial related to homeland security or terrorism;
            (3) when the State or local community has been asked to 
        assist in a Federal investigation concerning homeland security 
        or terrorism; and
            (4) when an agency of the Federal Government has requested 
        the State or local community to assist that agency in 
        performing homeland security functions.
    (c) Reimbursements.--The Secretary may disburse flexible emergency 
assistance funds to reimburse States and units of general local 
government for increased personnel costs associated with the activation 
of first responders who serve in the Reserves or National Guard.
    (d) Minimum Amount.--Section 1014(c)(3) of the USA PATRIOT ACT (42 
U.S.C. 3711(c)(3)) and section 7(i)(4) of this Act shall not apply to 
funds awarded under this section.

SEC. 11. FEDERAL PREPAREDNESS, EQUIPMENT, AND TRAINING STANDARDS.

    (a) In General.--The Department of Homeland Security shall develop 
national homeland security preparedness, first responder training, and 
equipment standards, and best practices to facilitate the most 
effective and efficient use of funds authorized under this Act.
    (b) Consultation.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall develop the standards 
described in subsection (a) in consultation with first responders, 
States, local communities, nongovernmental homeland security experts, 
and such other persons and organizations as the Secretary determines to 
be appropriate.
    (c) Reports.--
            (1) Development of standards and best practices.--The 
        Secretary shall submit a report to Congress on the progress 
        made in developing the standards and best practices described 
        in subsection (a)--
                    (A) not later than 90 days after the date of 
                enactment of this Act; and
                    (B) not later than 180 days after the date of 
                enactment of this Act.
            (2) Allocation methods.--The Secretary shall submit a 
        report to Congress detailing the specific methods used to make 
        the allocations under section 9. The report shall be submitted 
        in unclassified form to the greatest extent consistent with the 
        protection of law enforcement-sensitive information and 
        classified information and the administration of applicable 
        law. The report may contain a classified annex, if necessary.

SEC. 12. NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES.

    (a) In General.--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.
    (b) Age or Handicap.--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. 13. REMEDIES FOR NONCOMPLIANCE WITH REQUIREMENTS.

    If the Secretary finds, after reasonable notice and opportunity for 
a 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. 14. 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 containing--
            (1) a description of the progress made in accomplishing the 
        objectives under 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 may require recipients of 
assistance under this Act to submit such reports and other information 
as may be necessary in order for the Secretary to comply with 
subsection (a).

SEC. 15. 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. 16. INTERSTATE AGREEMENTS OR COMPACTS; PURPOSES.

    The consent of 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--
            (1) 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
            (2) to establish such agencies, joint or otherwise, that 
        the States consider desirable for making such agreements and 
        compacts effective.

SEC. 17. MATCHING REQUIREMENTS; SUSPENSION OF REQUIREMENTS FOR 
              ECONOMICALLY DISTRESSED AREAS.

    (a) Matching Requirement.--Grant recipients shall contribute, from 
funds other than those received under this Act, an amount equal to 10 
percent of the total funds received under this Act, which shall be used 
in accordance with the grantee's statement of homeland security 
objectives.
    (b) Waiver for Economic Distress.--The Secretary shall waive the 
matching requirement under subsection (a) for grant recipients that the 
Secretary determines to be economically distressed.
                                 <all>