Congressional Record, Volume 150 Issue 3 (Thursday, January 22, 2004)

[Congressional Record Volume 150, Number 3 (Thursday, January 22, 2004)]
[Senate]
[Pages S186-S193]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mrs. FEINSTEIN (for herself and Mr. Fitzgerald):
S. 2016. A bill to provide for infant crib safety, and for other
purposes; to the Committee on Commerce, Science, and Transportation.
Mrs. FEINSTEIN. Mr. President. I rise along with Senator Fitzgerald
to reintroduce the Infant Crib Safety Act. This legislation is designed
to reduce injuries and deaths that come from infant crib accidents.
Earch year, about 11,500 children ages 2 and under are injured in
cribs seriously enough to require hospital treatment. Approximately, 26
children die a year from such injuries, the highest number of deaths
caused by nursery-related products.
In fact, according to the Consumer Product Safety Commission, cribs
cause more deaths than all other nursery items combined.
While strict guidelines exist on the manufacture of and sale of new
cribs, there are millions of cribs sold throughout the U.S. in
``secondary markets'' such as thrift stores and resale furniture
stores.
As many as half of the 4 million infants born in this country each
year are placed in second hand cribs. Many of these used cribs are
unsafe and should be taken off the market and either repaired or
destroyed.
These used cribs can have dangerous features such as protruding
corner post extensions, missing or broken parts, excessive slat width,
poor fitting crib sheets, inadequate mattress supports, latches that do
not prevent unintentional collapse of the crib. Cribs built before 1978
have a higher lead content than current regulations allow.
Let me give you some of the real life examples of the tragedies
caused by unsafe cribs.
At the age of 23 months, Danny Lineweaver was injured during an
attempt to climb out of his crib. Danny caught his shirt on a
decorative knob on the cornerpost of his crib and hanged himself.
Though his mother was able to perform CPR the moment she found him,
Danny lived in a semi-comatose state for 9 years and died in 1993.
In another case, Luke Torgerson, a 13-month-old infant, died due to
an unsafe crib at this daycare facility in Minnesota.
Parents should have confidence that a crib is a safe place to leave
an infant. The design and construction of a baby crib must ensure that
it is safe to leave an infant while sleeping.
Since cribs are the only juvenile product manufactured expressly for
leaving a child unattended, every necessary measure should be taken to
ensure that the crib is the safest possible environment.
The Infant Crib Safety Act keeps unsafe secondhand or hand-me-down
cribs out of the stream of commerce by prohibiting their sale, resale,
lease, and use in lodging facilities or day care centers.
This bill does not apply to individuals who provide cribs to their
friends, or to any type of individual sale of a crib such as at a
garage sale. The bill focuses on commercial users. And currently,
controls over cribs provided by transient public lodging establishments
or sold at thrift stores are non-existent.
Studies have shown that hotels and motels continue to use unsafe
cribs and thrift stores continue to sell them. In the year 2000, the
National Safe Kids Campaign did an investigation of cribs used by
hotels and motels. Spot checks by the Campaign identified unsafe cribs
in 80 percent of the cribs visited.
A year earlier, the Consumer Product Safety Commission found that 12
percent of the cribs sold in a survey of thrift stores did not meet
existing voluntary industry or Federal safety standards for new cribs.
Comparable legislation has already been adopted by a number of
States. Eleven States including Arizona, Arkansas, California,
Colorado, Illinois, Louisiana, Michigan, Oregon, Pennsylvania, Vermont,
and Washington have already passed legislation prohibiting the sale of
cribs that do not meet current safety standards.
There is no good reason why cribs in all 50 States should not meet
these reasonable safety standards.
The legislation is supported by the Consumer Federation of America
and the Danny Foundation.
I look forward to working with my Senate colleagues to turn this
common-sense legislation into law.
______

By Mr. SANTORUM:
S. 2017. A bill to designate the United States courthouse and post
office building located at 93 Atocha Street in Ponce, Puerto Rico, and
the ``Luis A. Ferre United States Courthouse and Post Office
Building''; to the Committee on Governmental Affairs.
Mr. SANTORUM. Mr. President, I rise today to introduce a bill to
designate the United States courthouse and post office building at 93
Atocha Street in Ponce, Puerto Rico as the ``Luis A. Ferre Courthouse
and Post Office Building.'' This legislation is meant to honor the
distinguished life and career of Mr. Luis A. Ferre, a dedicated
statesman and humanitarian of Puerto Rico.
Luis A. Ferre was born in 1904 in Ponce, Puerto Rico. During his
remarkable career, Mr. Ferre was a member of the Constitutional
Convention of Puerto Rico in 1951, a member of the House of
Representatives of Puerto Rico from 1953-1956, Governor of Puerto Rico
from 1969-1972, as well as the President of the Senate of Puerto Rico
from 1977-1980. Perhaps most remarkable, however, was his commitment to
humanitarian and philanthropic activities, which included the founding
of the Ponce Public Library and the Ponce Museum of Art.
In addition to serving the people of Puerto Rico, this building will
stand as a reminder of the dedicated service Luis A. Ferre provided to
all Puerto Ricans.
I am hopeful that my colleagues will join me in supporting this bill
and that it will be enacted in the near future.
______

By Mr. BUNNING:
S. 2018. A bill to amend the National Trails System Act to extend the
Lewis and Clark National Historic Trail to include additional sites
associated with the preparation or return phase of the expedition, and
for other purposes; to the Committee on Energy and Natural Resources.
Mr. BUNNING. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 2018

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Lewis and Clark National
Historic Trail Extension Act of 2004''.

SEC. 2. EXTENSION OF LEWIS AND CLARK NATIONAL HISTORIC TRAIL.

Section 5(a)(6) of the National Trails System Act (16
U.S.C. 1244(a)(6)) is amended--
(1) in the first sentence, by striking ``The'' and
inserting ``(A) The''; and
(2) by adding the following new subparagraph:
``(B) In addition to the route designated in subparagraph
(A), the trail shall be extended to include the route
followed by Meriwether Lewis and William Clark, whether
independently or together, in the preparation phase of the
expedition starting at Monticello, located near
Charlottesville, Virginia, and traveling to Wood River,
Illinois, and in the return phase of the expedition from
Saint Louis, Missouri, to Washington, DC. The extended route
shall include designated Lewis and Clark sites in Virginia,
the District of Columbia, Maryland, Delaware, Pennsylvania,
West Virginia, Ohio, Kentucky, Tennessee, Indiana, and
Illinois. The Secretary shall complete a suitability and
feasibility study to include the extended route within three
years from the date funds are first made available for that
purpose.''.
______

By Mrs. BOXER (for herself, Mr. Corzine, Mrs. Murray, Mr.
Lautenberg, Mrs. Clinton, Ms. Cantwell, Mr. Jeffords, Mr.
Lieberman, Mrs. Feinstein, Mr. Sarbanes, and Ms. Mikulski):
S. 2020. A bill to prohibit, consistent with Roe v. Wade, the
interference by the government with a woman's right to choose to bear a
child or terminate a pregnancy, and for other purposes; to the
Committee on the Judiciary.
Mrs. BOXER. Mr. President, today, I am proud to introduce the Freedom
of Choice Act.

[[Page S187]]

Thirty-one years ago, the Supreme Court handed down its decision in
Roe v. Wade. It was a monumental day for women because for the first
time, a woman's right to choose whether or not to continue a pregnancy
was protected under the constitutional right to privacy. Roe v. Wade
has kept women from being forced to continue pregnancies that could
endanger their health or render them infertile. And for the past 31
years, countless lives have been saved by getting women out of back
alleys and into safe, clean and legally protected facilities. That is
why I have been fighting throughout my adult life to protect the right
to choose.
However, women's reproductive rights are rapidly eroding. And anti-
choice advocates make no secret that their ultimate goal is to overturn
Roe v. Wade. With just a one-vote margin protecting Roe in the Supreme
Court, we cannot afford to take these fundamental rights for granted.
The threats we face to our right to choose are real and dangerous.
That is why I am introducing new Federal legislation that will
protect a woman's right to choose. The Freedom of Choice Act of 2004
would establish a statutory right to choose within the same parameters
articulated by the Supreme Court in Roe v. Wade. Under the bill, women
would have the absolute right to choose whether to continue or
terminate their pregnancies before fetal viability. The bill also
supersedes any law, regulation or local ordinance that impinges on a
woman's right to choose and prohibits federal and state governments
from discriminating against women, who exercise their right to choose.
That means a poor woman cannot be denied the use of Medicaid if she
chooses to have an abortion. That means that abortions cannot be
prohibited at public hospitals, thus giving women more options. That
means that we respect a woman's ability to make her own decision and
don't force women to attend anti-choice propaganda lectures, which
submit women to misleading information, the purpose of which is to
discourage abortion. That means that women serving our country in the
military overseas would be able to afford safe abortions that can be
performed in a military hospital.
We need to take steps to secure our right to choose. Anti-choice is
anti-woman and anti-equality, and it demonstrates a lack of respect for
the intelligence and compassion that women possess.
I thank the 10 cosponsors of this legislation--Senators Lautenberg,
Corzine, Murray, Clinton, Jeffords, Lieberman, Cantwell, Feinstein,
Sarbanes and Mikulski--and I encourage all my colleagues to join this
effort to write Roe v. Wade into Federal law.
______

By Mrs. CLINTON (for herself, Ms. Mikulski, Mrs. Boxer, Ms.
Stabenow, Mr. Schumer, Mr. Sarbanes, Mr. Lautenberg, and Mr.
Durbin):
S. 2021. A bill to provide for a domestic defense fund to improve the
Nation's homeland defense, and for other purposes; to the Committee on
Governmental Affairs.

S. 2021

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 2004''.
(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. High-threat, high-density urban areas.
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.

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

[[Page S188]]

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 2004 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) $4,000,000,000 for each of the fiscal years 2005
through 2008; and
(B) such sums as may be necessary for fiscal year 2009 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 2005
through 2008; and
(B) such sums as may be necessary for fiscal year 2009 and
each fiscal year thereafter.
(3) High-threat, high-density urban areas.--There are
authorized to be appropriated to carry out section 9--
(A) $1,500,000,000 for each of the fiscal years 2005
through 2008; and
(B) such sums as may be necessary for fiscal year 2009 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 2005 through
2008; and
(B) such sums as may be necessary for fiscal year 2009 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.); and
(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).

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 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.

[[Page S189]]

(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 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 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) the factor involving population shall constitute 38
percent;
(ii) the factor involving population density shall
constitute 12 percent; and
(iii) 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 powerplant, 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 powerplant.
(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

[[Page S190]]

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) the factor involving population shall constitute 38
percent;
(ii) the factor involving population density shall
constitute 12 percent; and
(iii) 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

[[Page S191]]

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, 2004.
(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 ratio.--
(A) Population-based.--The allocation for each State shall
be based on the population of that State, relative to the
populations of all States, excluding the population of
qualifying communities.
(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) 0.75 percent of the total amount appropriated in the
fiscal year for grants to States under this section; or
(ii) 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.

[[Page S192]]

(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 upon the
population for each State relative to the populations of all
States.
(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. HIGH-THREAT, HIGH-DENSITY URBAN AREAS.

(a) Allocations.--
(1) In general.--From the amounts appropriated pursuant to
section 4(b)(3), the Secretary shall allocate $1,500,000,000
for discretionary grants to high-threat, high-density urban
areas, as determined by the Secretary, and for the protection
of critical infrastructure.
(2) Distribution.--Grant funds awarded under this section
shall be transferred directly to high-threat, high-density
urban areas not later than 60 days after the date on which
funds are appropriated pursuant to section 4(b)(3).
(b) Selection Criteria.--In selecting 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; and
(6) identified needs of public agencies.
(c) Homeland Security Plan.--Each high-threat, high-density
urban area 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.--The Secretary shall submit a report to
Congress on the progress made in developing the standards and
best practices described in subsection (a)--
(1) not later than 90 days after the date of enactment of
this Act; and
(2) not later than 180 days after the date of enactment of
this Act.

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).

[[Page S193]]

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.
______

By Mr. DURBIN (for himself and Mr. Fitzgerald) (by request):
S. 2022. A bill to designate the Federal building located at 250 West
Cherry Street in Carbondale, IL the ``Senator Paul Simon Federal
Building''; to the Committee on Environment and Public Works.
Mr. DURBIN. Mr. President, recently we lost our colleague Paul Simon,
a great public servant and a great friend.
At the age of 19, Paul Simon became the Nation's youngest editor-
publisher when he accepted a Lion's Club challenge to save the Troy
Tribune in Troy, IL. From that start, he built a chain of 13 newspapers
in southern and central Illinois. He also used his post in the
newspaper world to expose criminal activities and in 1951, at age 22,
he was called as a key witness to testify before the U.S. Senate's
Crime Investigating Committee.
Paul Simon served the state of Illinois and the United States for
years. He is the only individual to have served in both the Illinois
House of Representatives and the Illinois Senate, and the U.S. House of
Representatives and U.S. Senate. He also served as Lieutenant Governor
for Illinois. In addition, he served in the U.S. Army.
Paul Simon highly valued education and the youth of our Nation. In
addition to his work in Congress to strengthen public education in
America, he started the public affairs reporting program at Sangamon
State University, now the University of Illinois at Springfield. He
later became the founder and director of the Public Policy Institute at
Southern Illinois University in Carbondale, IL, and taught there for
more than 6 years. In addition, Paul Simon wrote over 20 books and
earned over 50 honorary degrees.
From journalism to government to education, Paul Simon set the
standard for honesty and caring in public life. He was an unapologetic
champion of the less fortunate. He was genuine in his politics, life
and values.
Now those of us who loved and respected him will do our best to carry
on his tradition. We will find many ways, great and small, to honor
him.
Today, I am introducing companion legislation to a bill Congressman
Jerry Costello has introduced in the House. This bill would designate
the federal building at 250 West Cherry Street in Carbondale, IL, as
the ``Senator Paul Simon Federal Building.'' I am happy to have Senator
Fitzgerald as a cosponsor of this legislation.
Paul Simon moved to Carbondale in 1974, where he was elected to serve
in the U.S. House of Representatives. He continued to call the
Carbondale area his home until his death. Naming this building in
Carbondale after him will help present and future generations remember
and honor Paul Simon, a great man who lived in and worked for the
people of Carbondale and served our federal government with the
greatest integrity. I urge my colleagues to work with Congressman
Costello and me to quickly pass this legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 2022

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. DESIGNATION OF FEDERAL BUILDING.

The Federal building located at 250 West Cherry Street in
Carbondale, Illinois shall be known and designated as the
``Senator Paul Simon Federal Building''.

SEC. 2. REFERENCE.

Any reference in a law, map, regulation, document, paper or
other record of the United States to the Federal building
referred to in section 1 shall be deemed to be a reference to
the Senator Paul Simon Federal Building.
______

By Mrs. BOXER (for herself and Mr. Lautenberg):
S. 2023. A bill to limit Department of Defense contracting with firms
under investigation by the inspector General of the Department of
Defense; to the Committee on Armed Services.
Mrs. BOXER. Mr. President, I am introducing legislation, along with
my good friend from New Jersey, Senator Lautenberg, to ensure that
American taxpayers are given greater protection when the Defense
Department seeks to procure property or services. The United States is
spending billions of dollars in its military and reconstruction efforts
in Iraq and Afghanistan, and much of this money is going to private
companies.
The purpose of this legislation is simple. It would ban companies
under investigation for procurement abuse and possible criminal conduct
from receiving no-bid defense contracts. By closing a loophole in
current law, the Department of Defense would no longer be permitted to
enter into contracts, through a process that does not ensure full and
open competition, with contractors simultaneously being investigated by
the Pentagon's Office of Inspector General. The legislation also
provides that if the President chooses to waive the prohibition in the
interest of national security, he must notify Congress with a full and
public explanation.
While our men and women in the Armed Services are making
extraordinary sacrifices for this country, companies under
investigation by the Pentagon's Inspector General should be barred from
lining their pockets with money from no-bid contracts.

____________________