[Congressional Record Volume 147, Number 162 (Wednesday, November 28, 2001)]
[Senate]
[Pages S12101-S12106]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mrs. CLINTON (for herself, Ms. Mikulski, Mrs. Feinstein, Mr.
Durbin, and Mr. Schumer):
S. 1737. A bill to provide for homeland security block grants; to the
Committee on the Judiciary.
Mrs. CLINTON. Madam President, I rise today to offer a helping hand
to communities in New York and around the country experiencing fiscal
distress as they struggle to respond to the heightened security needs
of our country.
Although the terrorists responsible for the September 11 attacks
targeted two of our cities, communities thousands of miles away from
Ground Zero now find themselves on the front lines in the war against
terrorism. Since the attacks, towns and cities, both large and small,
all across America have been overwhelmed by calls about potential
biological or chemical attacks or threats to infrastructure. Along with
this new responsibility comes a heavy burden that these communities
should not be forced to shoulder alone.
That is why today I am introducing legislation to provide relief to
State and local governments in their efforts to improve emergency
response and public safety locally. This Federal aid will ensure that
local communities will not have to bear the burden of a strong homeland
defense alone. Tomorrow, mayors from all around New York State will
meet in New York City to address these very concerns. The legislation
I'm introducing today, along with my colleagues Senators Feinstein,
Mikulski, Durbin, and Schumer, will go a long way in helping them and
communities across the country meet these needs.
Since the unimaginable acts of terrorism against American civilians
on U.S. soil that took place a few months ago, we have been forced to
reevaluate virtually every aspect of our homeland security. One
immediate change to emerge in post-September 11 America has been that
local communities are now charged with an enormous responsibility:
plugging in the gaps in our public safety system and securing our
homeland defense.
Our entire country witnessed it on September 11 when hundreds of
brave men and women in uniform went rushing towards burning buildings
to save peoples' lives. These courageous individuals were public safety
officers and emergency response personnel, and, on that day, America
and its towns and cities were forever changed.
Mayor Joseph Griffo of Rome, New York described this new phenomenon,
saying,
The mayors have become the leaders, the first responders in
this new war on terrorism. The police, the firefighters and
the emergency personnel are the first responders. We have a
role and a responsibility in being more keenly aware of what
potentially could happen to our communities.
Already, towns and cities in New York, and municipalities across the
country, have seen a glimpse of what homeland security's price tag
looks like and they are deeply concerned about how they will pay for
it. Rome Mayor Griffo has said,
The finances, of providing security, are going to be very
difficult. I think it may be tough to recoup all the costs
that we've incurred to date. . . . Beyond that, we have to
see where we can work in partnership with the feds and the
state.
Bills from skyrocketing police and fire fighter overtime costs are
saddling many local governments with unanticipated costs. Local law
enforcement agencies are struggling with expenses from a wide range of
security needs, including: properly securing major transportation
infrastructure, like tunnels and bridges; stepping up security at
facilities that store hazardous materials or drinking water; and
providing local health personnel with the resources
[[Page S12102]]
and training they need to respond to biological and chemical attacks.
Mayor Jerry Jennings of Albany, NY, estimates that increased patrols
at Alcove Reservoir in Coeymans to ensure that the city's water supply
is adequately protected will probably cost taxpayers $1 million. The
city of Buffalo, New York, has received 139 terrorist threats since
September 11. Buffalo Mayor Tony Masiello estimates these additional
threats will cost the city approximately $700 an hour.
Although the terrorist attacks of September 11 targeted New York and
Washington, DC, every single community in our country has been affected
by the attacks, Baltimore, for example, has incurred nearly $4 million
in security costs since the September 11 attacks, and city budget
officials predict that those costs could grow to $15.8 million for the
fiscal year.
New Orleans is contending with a $10 million budget gap due to
security costs for the city and the New Orleans airport. Dallas,
according to some estimates, has already spent $2 million on security
and could end up spending $6 million by the end of the year. In
Massachusetts, Acting Governor Jane Swift has approved $26 million for
homeland defense related spending, which includes state police
overtime.
According to the National Governors' Association, over the next six
months expenses resulting from the September 11 attacks could end up as
high as $10 billion in the 50 States, while the National League of
Cities projects a 4 percent decline in revenues for cities--a projected
$11.4 billion--from the disastrous effects the attacks have had on
local employment and tourism.
These figures point to what mayors have been saying for some time now
and what I repeated on this floor a few weeks ago after meeting with
mayors from all over the country: the cost of homeland security is
causing our cities to bleed dollars.
Of the 214 cities polled in late October, more than half said that
they increased spending on security after September 11 and that they
would have to dip into surpluses and cut programs as a result. It has
even been reported that some states are considering using their state
lottery funds to pay for the cost of bolstering local homeland defense
efforts.
Our homeland security cannot be left to chance and no city or town in
America should have to choose between adequately protecting its
citizens and funding important programs that benefit our children, the
most vulnerable among us. It's the responsibility of the Federal
Government to ensure our security and we must not let our cities and
towns bear the brunt of homeland defense alone.
These additional fiscal demands come at a time when we are already
facing a nationwide economic downturn and people are already
experiencing the pain of this economic uncertainty. Over the next 18
months, New York State will face an estimated $10 billion shortfall in
state revenues. To counter some of these pressures and help communities
recover more quickly from this economic slump, we must provide local
communities with the resources they need to meet these increased
demands.
Under the legislation I am introducing, cities, counties, and towns
across America will be able to access Federal funds to help make up
these anticipated revenue shortfalls. The Homeland Security Block Grant
Act provides $3 billion in funding to communities, with 70 percent
going directly to more than 1,000 cities and counties across the United
States. The remaining 30 percent will be funneled to States to direct
to smaller communities to help them improve security and public safety
locally.
Cities with a population of more than 50,000 and that are within
metropolitan areas and counties within metropolitan areas, regardless
of the size of the county, will receive funds directly. For example,
both Syracuse and Onondaga County will be eligible to receive grant
funds.
Some of my colleagues have asked whether a small state provision can
be included in the bill, one that would guarantee that less-populated
states would receive a minimum level funding. I am very much looking
forward to working with my colleagues on such a provision to include in
this bill.
This legislation gives local communities a lot of flexibility to
determine how grant funds will be used because local communities are
most knowledgeable about their security needs. For example, funds can
be used for overtime expenses for law enforcement, fire, and emergency
personnel incurred as a result of terrorist threats or to purchase
personal protective equipment for fire, police, and emergency
personnel.
Communities could also use these federal funds to acquire state-of-
the-art technology to improve communication between the first
responders, based at myriad local agencies, so that they can work
together closely and efficiently while responding to attacks. In
addition, funds could also be used to improve security or water
treatment plants, nuclear power plants, tunnels and bridges, and
chemical plants.
Towns and cities may also decide to use the funds to improve the
communication system used to provide information to the public in a
timely manner about the facts of any threat and the precautions the
public should take.
Finally, to encourage communities to use the homeland security block
grants effectively, communities will be required to match by 10 percent
the funds received from the Federal Government. Financially distressed
communities, however, will receive a waiver from the matching
requirement.
I'm proud that this legislation has the support of the International
Association of Firefighters, the International Association of Fire
Chiefs, the National Association of Police Organizations, the National
League of Cities, and U.S. Conference of Mayors.
Just as our Federal Government pays for defense overseas, it is our
duty to fund our defense at home. Our homeland defense can 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 homeland security
initiatives, we will have a better-prepared home front and a stronger
America.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1737
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 ``Homeland
Security Block Grant Act''.
(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. Nondiscrimination in programs and activities.
Sec. 9. Remedies for noncompliance with requirements.
Sec. 10. Reporting requirements.
Sec. 11. Consultation by Attorney General.
Sec. 12. Interstate agreements or compacts; purposes.
Sec. 13. Matching requirements; suspension of requirements for
economically distressed areas.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In the wake of the September 11, 2001, terrorist
attacks on our country, communities all across American now
find themselves on the front lines in the war against
terrorism on United States soil.
(2) We recognize that these communities will be forced to
shoulder a significant portion of the burden that goes along
with that responsibility. We believe that local governments
should not have to bear that responsibility 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.
SEC. 3. DEFINITIONS.
In this Act:
(1) Attorney general.--The term ``Attorney General'' means
the United States Attorney General.
(2) 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
Attorney General--
(i) possesses powers and performs functions comparable to
those associated with municipalities;
[[Page S12103]]
(ii) is closely settled; and
(iii) contains within its boundaries no incorporated places
as defined by the United States Bureau of the Census that
have not entered into cooperation agreements with such town
or township to undertake or to assist in the performance of
homeland security objectives.
(3) Extent of poverty.--The term ``extent of poverty''
means the number of persons whose incomes are below the
poverty level. Poverty levels shall be determined by the
Attorney General pursuant to criteria provided by the Office
of Management and Budget taking into account and making
adjustments, if feasible and appropriate and in the sole
discretion of the Attorney General, for regional or area
variations in income and cost of living, and shall be based
on data referable to the same point or period in time.
(4) 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.
(5) 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.
(6) Metropolitan area.--The term ``metropolitan area''
means a standard metropolitan statistical area as established
by the Office of Management and Budget.
(7) Metropolitan city.--The term ``metropolitan city''
means--
(A) 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
(B) any other city, within a metropolitan area, which has a
population of fifty thousand or more.
Any city that was classified as a metropolitan city for at
least 2 years pursuant to the first sentence of this
paragraph 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 Attorney
General, 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).
Notwithstanding the second sentence of this paragraph, 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 Attorney General,
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.
(8) Non-qualifying 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.
(9) 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.
(10) 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.
(11) 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.
(12) Urban county.--The term ``urban county'' means any
county within a metropolitan area.
(b) Basis and Modification of Definitions.--Where
appropriate, the definitions in subsection (a) shall be
based, with respect to any fiscal year, 0on 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 ninety days prior to the beginning of such
fiscal year. The Attorney General 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.--One or more public
agencies, including existing local public agencies, may be
designated by the chief executive officer of a State or a
unit of general local government to undertake activities
assisted under this Act.
(d) Local Governments, Inclusion 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 2002 under section 4, the
population of any unit of general local government which is
included in that of an urban county as provided in subsection
(a)(6) shall be included in the population of such urban
county for three 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 three-year period.
(e) Urban County.--Any county seeking qualification as an
urban county, including any urban county seeking to continue
such qualification, shall notify, as provided in this
subsection, each unit of general local government, which is
included therein and is eligible to elect to have its
population excluded from that of an urban county, of its
opportunity to make such an election. Such notification
shall, at a time and in a manner prescribed by the Attorney
General, be provided so as to provide a reasonable period for
response prior to the period for which such qualification is
sought. 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
Attorney General, 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 in subsection (d).
SEC. 4. GRANTS TO STATES, UNITS OF GENERAL LOCAL GOVERNMENT
AND INDIAN TRIBES; AUTHORIZATIONS.
The Attorney General is authorized to make grants to
States, units of general local government, and Indian tribes
to carry out activities in accordance with the provisions of
this Act. For purposes of assistance under section 7, there
is authorized to be appropriated $3,000,000,000 in fiscal
year 2002, and such additional sums as are authorized
thereafter.
SEC. 5. STATEMENT OF ACTIVITIES AND REVIEW.
(a) Application.--Prior to the receipt in any fiscal year
of a grant under section 7(b) by any metropolitan city or
urban county, under section 7(d) by any State, or under
section 7(d)(2) by any unit of general local government, the
grantee shall have indicated its interest in receiving funds
by preparing a statement of homeland security objectives and
projected use of funds and shall have provided the Attorney
General with the certifications required in subsection (b)
and, where appropriate, subsection (c). In the case of
metropolitan cities and urban counties receiving grants
pursuant to section 7(b) and in the case of units of general
local government receiving grants pursuant to section
7(d)(2), the statement of projected use of funds shall
consist of proposed homeland security activities. In the case
of States receiving grants pursuant to section 7(d), 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. In preparing the statement, the
grantee shall consider any view of appropriate law
enforcement, and emergency response authorities and may, if
deemed appropriate by the grantee, modify the proposed
statement. A copy of the final statement shall be furnished
to the Attorney General and the Office of Homeland Security
together with the certifications required under subsection
(b) and, where appropriate, subsection (c). Any final
statement of activities may be modified or amended from time
to time by the grantee in accordance with the same procedures
required in this paragraph for the preparation and submission
of such statement.
(b) Certification of Enumerated Criteria by Grantee to
Secretary.--Any grant under section 7 shall be made only if
the grantee certifies to the satisfaction of the Attorney
General that--
(1) it has developed a homeland security plan pursuant to
section 5 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
(2) the grantee will comply with the other provisions of
this Act and with other applicable laws.
(c) Submission of Annual Performance Reports, Audits and
Adjustments.--
(1) In general.--Each grantee shall submit to the Attorney
General, at a time determined by the Attorney General, 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). The Attorney General 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 Attorney
General, within 1 year after the effective date of this
sentence, uniform recordkeeping, performance reporting,
evaluation reporting, and auditing requirements for such
grantees, States, and units of general local government,
respectively. Based on the Attorney General's approval of
these recommendations, the Attorney General shall establish
such requirements for use by such grantees, States, and units
of general local government.
(2) Reviews and audits.--The Attorney General shall, at
least on an annual basis, make such reviews and audits as may
be necessary or appropriate to determine--
(A) in the case of grants made under section 7(b), whether
the grantee has carried out its activities and, where
applicable, whether the grantee has carried out those
activities and its certifications in accordance with the
requirements and the primary
[[Page S12104]]
objectives of this Act and with other applicable laws, and
whether the grantee 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(d), whether the State 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, whether the State has carried out its
certifications in compliance with the requirements of this
Act and other applicable laws, and whether the State 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).
(3) Adjustments.--The Attorney General may make appropriate
adjustments in the amount of the annual grants in accordance
with the Attorney General's findings under this subsection.
With respect to assistance made available to units of general
local government under section 7(d), the Attorney General may
adjust, reduce, or withdraw such assistance, or take other
action as appropriate in accordance with the Attorney
General'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.
(d) Audits.--Insofar as they relate to funds provided under
this Act, the financial transactions of recipients of such
funds may be audited by the General Accounting Office under
such rules and regulations as may be prescribed by the
Comptroller General of the United States. The representatives
of the General Accounting 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.
(e) 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 Attorney General 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 section 5 and
carrying out activities under this Act.
SEC. 6. ACTIVITIES ELIGIBLE FOR ASSISTANCE.
Activities assisted under this Act may include only--
(1) funding additional law enforcement, fire, and emergency
resources, including covering 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, and other water infrastructure; nuclear power plants
and other power infrastructure;
(B) tunnels and bridges;
(C) oil and gas pipelines and storage facilities; and
(D) chemical plants and transportation of hazardous
substances;
(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) Allocation and Distribution of Funds; Set-Aside for
Indian Tribes.--
(1) Allocation.--For each fiscal year, of the amount
approved in an appropriation Act under section 4 for grants
in a year (excluding the amounts provided for use in
accordance with section 6), the Attorney General shall
reserve for grants to Indian tribes 1 percent of the amount
appropriated under such section. The Attorney General shall
provide for distribution of 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. The criteria shall be
contained in a regulation promulgated by the Attorney General
after notice and public comment.
(2) Remaining allocation.--Of the amount remaining after
allocations pursuant to paragraph (1), 70 percent shall be
allocated by the Attorney General to metropolitan cities and
urban counties. 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
2002, from such allocation in an amount not exceeding its
basic amount computed pursuant to paragraph (1) or (2) of
subsection (b).
(b) Computation of Amount Allocated to Metropolitan Cities
and Urban Counties.--
(1) In general.--The Attorney General shall determine the
amount to be allocated to each metropolitan city based on the
population of that metropolitan city.
(2) Urban counties.--The Attorney General shall determine
the amount to be allocated to each urban county based on the
population of that urban county.
(3) Exclusions.--In computing amounts or exclusions under
this section with respect to any urban county, there shall be
excluded units of general local government located in the
county the populations that are not counted in determining
the eligibility of the urban county to receive a grant under
this subsection, except that there shall be included any
independent city (as defined by the Bureau of the Census)
which--
(A) is not part of any county;
(B) is not eligible for a grant pursuant to subsection
(b)(1);
(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.
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 (d) with respect to such fiscal year.
(4) Inclusions.--In computing amounts under this section
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 the part of such unit of local government
which is within the boundaries of such urban county would
otherwise be included in computing the amount for such urban
county under this section, and if 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. Any amount
received by such urban county under this section may be used
with respect to the part of such unit of local government
that is outside the boundaries of such urban county.
(5)Population.--(A) Where data are available, the amount
determined under paragraph (1) for a metropolitan city that
has been formed by the consolidation of one or more
metropolitan cities with an urban county shall be equal to
the sum of the amounts that would have been determined under
paragraph (1) for the metropolitan city or cities and the
balance of the consolidated government, if such consolidation
had not occurred. This paragraph shall apply only to any
consolidation that--
(i) included all metropolitan cities that received grants
under this section for the fiscal year preceding such
consolidation and that were located within the urban county;
(ii) included the entire urban county that received a grant
under this section for the fiscal year preceding such
consolidation; and
(iii) took place on or after January 1, 2002.
(B) The population growth rate of all metropolitan cities
referred to in section 3 shall be based on the population
of--
(i) metropolitan cities other than consolidated governments
the grant for which is determined under this paragraph; and
(ii) cities that were metropolitan cities before their
incorporation into consolidated governments. For purposes of
calculating the entitlement share for the balance of the
consolidated government under this paragraph, the entire
balance shall be considered to have been an urban county.
(c) Reallocation.--
(1) In general.--Except as provided in paragraph (2), any
amounts allocated to a metropolitan city or an urban county
pursuant to the preceding provisions of this section that are
not received by the city or county for a fiscal year because
of failure to meet the requirements of subsections (a) and
(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
Attorney General that they would be adversely affected by the
loss of such amounts from the metropolitan area. The amount
of the share of funds reallocated under this paragraph 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.
(2) Transfer.--Notwithstanding the provisions of paragraph
(1), the Attorney General may upon request transfer
responsibility to any metropolitan city 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
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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.
(d) Allocation to States on Behalf of Non-qualifying
Communities.--
(1) In general.--Of the amount approved in an appropriation
Act under section 4 that remains after allocations pursuant
to paragraphs (1) and (2) of subsection (a), 30 percent shall
be allocated among the States for use in nonqualifying areas.
The allocation for each State shall be based on the
population of that State, factoring in the population of
qualifying communities in that State, and the population of
qualifying communities of all States. The Attorney General
shall, in order to compensate for the discrepancy between the
total of the amounts to be allocated under this paragraph and
the total of the amounts available under such paragraph, make
a pro rata reduction of each amount allocated to the
nonqualifying communities in each State under such paragraph
so that the nonqualifying communities in each State will
receive an amount that represents the same percentage of the
total amount available under such paragraph as the percentage
which the nonqualifying areas of the same State would have
received under such paragraph if the total amount available
under such paragraph had equaled the total amount which was
allocated under such paragraph.
(2) Distribution.--(A) Amounts allocated under paragraph
(1) shall be distributed to units of general local government
located in nonqualifying areas of the State to carry out
activities in accordance with the provisions of this Act--
(i) by a State that has elected, in such manner and at such
time as the Attorney General shall prescribe, to distribute
such amounts consistent with the statement submitted under
section 5(a); or
(ii) by the Attorney General, in any case described in
subparagraph (B), for use by units of general local
government in accordance with paragraph (3)(B).
(B) The Attorney General shall distribute amounts allocated
under paragraph (1) if the State has not elected to
distribute such amounts.
(C) To receive and distribute amounts allocated under
paragraph (1), the State must certify that it, with respect
to units of general local government in nonqualifying areas--
(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).
(D) To receive and distribute amounts allocated under
paragraph (1), the State shall certify that 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.
(3) Administration.-- (A) If the State receives and
distributes such amounts, it shall be responsible for the
administration of funds so distributed. The State shall pay
from its own resources all administrative expenses incurred
by the State in carrying out its responsibilities under this
Act, except that from the amounts received for distribution
in nonqualifying areas, the State may deduct an amount to
cover such expenses and its administrative expenses not to
exceed the sum of $150,000 plus 50 percent of any such
expenses under this Act in excess of $150,000. Amounts
deducted in excess of $150,000 shall not exceed 2 percent of
the amount so received.
(B) If the Attorney General distributes such amounts, the
distribution shall be made in accordance with determinations
of the Attorney General pursuant to statements submitted and
the other requirements of section 5 (other than subsection
(c)) and in accordance with regulations and procedures
prescribed by the Attorney General.
(C) 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.
(D) 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 Attorney General 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 the amounts become so available.
(4) Single unit.--Any combination of units of general local
governments may not be required to obtain recognition by the
Attorney General pursuant to section 3(2) to be treated as a
single unit of general local government for purposes of this
subsection.
(5) Deduction.--From the amounts received under paragraph
(1) for distribution in nonqualifying areas, the State may
deduct an amount, not to exceed 1 percent of the amount so
received, to provide technical assistance to local
governments.
(6) 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).
(e) Qualifications and Determinations.--The Attorney
General may fix such qualification or submission dates as he
determines are 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.
(f) Pro Rata Reduction and Increase.--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 subsection (b), and funds
are not otherwise appropriated to meet the deficiency, the
Attorney General shall meet the deficiency through a pro rata
reduction of all amounts determined under subsection (b). 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 subsection (b), the
Attorney General shall distribute the excess through a pro
rata increase of all amounts determined under subsection (b).
SEC. 8. NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES.
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.
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. 9. REMEDIES FOR NONCOMPLIANCE WITH REQUIREMENTS.
If the Attorney General finds after reasonable notice and
opportunity for hearing that a recipient of assistance under
this Act has failed to comply substantially with any
provision of this Act, the Attorney General, until he is
satisfied that there is no longer any such failure to comply,
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. 10. REPORTING REQUIREMENTS.
(a) In General.--Not later than 180 days after the close of
each fiscal year in which assistance under this Act is
furnished, the Attorney General shall submit to Congress a
report which shall contain--
(1) a description of the progress made in accomplishing the
objectives of 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 the Attorney General.--The Attorney General
is authorized to require recipients of assistance under this
Act to submit to him such reports and other information as
may be necessary in order for the Attorney General to make
the report required by subsection (a).
SEC. 11. CONSULTATION BY ATTORNEY GENERAL.
In carrying out the provisions of this Act including the
issuance of regulations, the Attorney General shall consult
with the Office of Homeland Security and other Federal
departments and agencies administering Federal grant-in-aid
programs.
SEC. 12. INTERSTATE AGREEMENTS OR COMPACTS; PURPOSES.
The consent of the Congress is hereby given to any two or
more States to enter into agreements or compacts, not in
conflict with any law of the United States, 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 to establish such agencies, joint or otherwise,
as they may deem desirable for making such agreements and
compacts effective.
SEC. 13. MATCHING REQUIREMENTS; SUSPENSION OF REQUIREMENTS
FOR ECONOMICALLY DISTRESSED AREAS.
(a) Requirement.--Grant recipients shall contribute from
funds, other than those received under this Act, 10 percent
of the total funds received under this Act. Such funds shall
be used in accordance with the grantee's statement of
homeland security objectives.
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(b) Economic Distress.--Grant recipients that are deemed
economically distressed shall be waived from the matching
requirement set forth in this section.
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