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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...
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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