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H.R. 1008 (ih) To prohibit the Secretary of Transportation and the Administrator of the Federal Motor Carrier Administration from taking action to finalize, implement, or enforce a rule related to the hours of service of drivers for motor carriers, and fo...


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108th CONGRESS
  1st Session
                                H. R. 1007

             To provide for homeland security block grants.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2003

    Mr. McNulty (for himself and Ms. Loretta Sanchez of California) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
the Judiciary, Energy and Commerce, and Select Homeland Security, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
             To provide for homeland security block grants.

    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 of 2003''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
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 communication systems.
Sec. 9. Nondiscrimination in programs and activities.
Sec. 10. Remedies for noncompliance with requirements.
Sec. 11. Reporting requirements.
Sec. 12. Consultation by Secretary.
Sec. 13. Interstate agreements or compacts; purposes.
Sec. 14. Matching requirements; suspension of requirements for 
                            economically distressed areas.

SEC. 2. FINDINGS AND PURPOSE.

    (a) 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.
    (b) Purpose.--The purpose of this Act is to provide needed funds to 
first responders to be used for the purpose of bolstering emergency 
response efforts and other emergency response initiatives in case of 
terrorist or other attack on our home front.

SEC. 3. DEFINITIONS.

    (a) Definitions.--In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (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 Secretary--
                            (i) possesses powers and performs functions 
                        comparable to those associated with 
                        municipalities;
                            (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) 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.
            (4) 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.
            (5) Metropolitan area.--The term ``metropolitan area'' 
        means a standard metropolitan statistical area as established 
        by the Office of Management and Budget.
            (6) 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.
            (7) 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.
            (8) 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.
            (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.--Where appropriate, the 
definitions in subsection (a) shall be based, with respect to any 
fiscal year, on the most recent data compiled by the United States 
Bureau of the Census and the latest published reports of the Office of 
Management and Budget available ninety days prior to the beginning of 
such fiscal year. 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.--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 
2003 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)(11) 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 Secretary, 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 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 in subsection (d).

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

    (a) Authorization.--The Secretary 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.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $3,000,000,000 for each of fiscal years 2003 through 2006, and 
        such sums as may be necessary thereafter, for the purpose of 
        carrying out the provisions under section 7.
            (2) State, regional, and local planning, training, and 
        communication systems.--There are authorized to be appropriated 
        $500,000,000 for each of fiscal years 2003 through 2006, and 
        such sums as may be necessary thereafter, for the purpose of 
        carrying out the provisions under section 8.

SEC. 5. STATEMENT OF ACTIVITIES AND REVIEW.

    (a) Application.--
            (1) In general.--Prior to the receipt in any fiscal year of 
        a grant under section 7(b) by any metropolitan city or urban 
        county, section 7(i) by any State, or section 7(i)(3) by any 
        unit of general local government, the grantee shall--
                            (i) indicate its interest in receiving 
                        funds by preparing a statement of homeland 
                        security objectives and projected use of funds; 
                        and
                            (ii) provide the Secretary with the 
                        certifications required under paragraph (2) 
                        and, where 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(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.
                    (B) Consultation.--In preparing the statement, 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 in this paragraph for the preparation and 
                submission of such statement.
            (3) 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 Secretary that--
                    (A) it has developed a homeland security plan 
                pursuant to section 6(a)(8) 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) the grantee 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, within 1 year after the effective date of 
                this Act, uniform recordkeeping, performance reporting, 

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