II 

109TH CONGRESS 

1ST SESSION S. 140 

To provide for a domestic defense fund to improve the Nation’s homeland 

defense, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

Mrs. CLINTON (for herself and Mr. SCHUMER) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To provide for a domestic defense fund to improve the 

Nation’s homeland defense, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Domestic Defense Fund Act of 2005’’. 

6 (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. 
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Sec. 8. State and regional planning and communication systems. 

Sec. 9. Urban Area Security Initiative. 

Sec. 10. Flexible emergency assistance fund. 

Sec. 11. Federal preparedness, equipment, and training standards. 

Sec. 12. Nondiscrimination in programs and activities. 

Sec. 13. Remedies for noncompliance with requirements. 

Sec. 14. Reporting requirements. 

Sec. 15. Consultation by Attorney General. 

Sec. 16. Interstate agreements or compacts; purposes. 

Sec. 17. Matching requirements; suspension of requirements for economically 

distressed areas. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Since the September 11, 2001, terrorist at4 tacks on our country, communities all across Amer5 ica have been on the front lines in the war against 

6 terrorism on United States soil. 

7 (2) Since September 11, 2001, communities 

8 have been forced to bear a significant portion of the 

9 burden that goes along with the war against ter10 rorism, a burden that local governments should not 

11 have to bear alone. 

12 (3) Our homeland defense will only be as strong 

13 as the weakest link at the State and local level. By 

14 providing our communities with the resources and 

15 tools they need to bolster emergency response efforts 

16 and provide for other emergency response initiatives, 

17 we will have a better-prepared home front and a 

18 stronger America. 

19 (4) Homeland security experts have repeatedly 

20 called upon Congress to allocate homeland security 
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1 resources based on threat- and risk-based factors. 

2 The National Commission on Terrorist Attacks 

3 Upon the United States (referred to in this Act as 

4 the ‘‘9/11 Commission’’) stated in its report: ‘‘We 

5 understand the contention that every State and city 

6 needs to have some minimum infrastructure for 

7 emergency response. But Federal homeland security 

8 assistance should not remain a program for general 

9 revenue sharing. It should supplement State and 

10 local resources based on the risks or vulnerability 

11 that merit additional support. Congress should not 

12 use this money as a pork barrel.’’ The Commission 

13 made unequivocally clear that the current method of 

14 allocating the majority of Federal homeland security 

15 resources to states and local communities, on a per 

16 capita basis alone, must be changed. 

17 (5) Not only did the 9/11 Commission rec18 ommend that such changes be made in how Federal 

19 homeland security funds are allocated, but commis20 sions before it, such as the Homeland Security Inde21 pendent Task Force of the Council on Foreign Rela22 tions, chaired by former Senators Gary Hart and 

23 Warren Rudman, have strongly recommended it as 

24 well. 
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1 (6) The Hart-Rudman Commission stated al2 most 2 years ago that ‘‘Congress should establish a 

3 system for allocating scarce resources based less on 

4 dividing the spoils and more on addressing identified 

5 threats and vulnerabilities. To do this, the Federal 

6 Government should consider such factors as popu7 lation, population density, vulnerability assessment, 

8 and presence of critical infrastructure within each 

9 State.’’ 

10 (7) In addition to the need for threat and risk11 based funding, direct funding to our major cities 

12 and counties across the country is necessary if we 

13 are to ensure that these communities, who are on 

14 the front lines of our nation’s homeland defense, re15 ceive critical Federal homeland security resources 

16 quickly and efficiently. Numerous reports by organi17 zations such as the United States Conference of 

18 Mayors, have clearly demonstrated that the current 

19 method of distributing Federal homeland security re20 sources intended for local communities has not 

21 worked. Too often, too many communities receive re22 sources, if at all, years after Congress appropriated 

23 the subject funds. 
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1 SEC. 3. DEFINITIONS. 

2 (a) DEFINITIONS.—As used in this Act, the following 

3 definitions shall apply: 

4 (1) CITY.—The term ‘‘city’’ means— 

5 (A) any unit of general local government 

6 that is classified as a municipality by the 

7 United States Bureau of the Census; or 

8 (B) any other unit of general local govern9 ment that is a town or township and which, in 

10 the determination of the Secretary— 

11 (i) possesses powers and performs 

12 functions comparable to those associated 

13 with municipalities; 

14 (ii) is closely settled; and 

15 (iii) does not contain within its bound16 aries any incorporated place, as defined by 

17 the United States Bureau of the Census, 

18 that has not entered into cooperation 

19 agreements with such town or township to 

20 undertake or to assist in the performance 

21 of homeland security objectives. 

22 (2) FEDERAL GRANT-IN-AID PROGRAM.—The 

23 term ‘‘Federal grant-in-aid program’’ means a pro24 gram of Federal financial assistance other than 

25 loans and other than the assistance provided by this 

26 Act. 
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1 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

2 means any Indian tribe, band, group, and nation, in3 cluding Alaska Indians, Aleuts, and Eskimos, and 

4 any Alaskan Native Village, of the United States, 

5 which is considered an eligible recipient under the 

6 Indian Self-Determination and Education Assistance 

7 Act (Public Law 93–638) or was considered an eligi8 ble recipient under chapter 67 of title 31, United 

9 States Code, prior to the repeal of such chapter. 

10 (4) METROPOLITAN AREA.—The term ‘‘metro11 politan area’’ means a standard metropolitan statis12 tical area as established by the Office of Manage13 ment and Budget. 

14 (5) METROPOLITAN CITY.— 

15 (A) IN GENERAL.—The term ‘‘metropoli16 tan city’’ means— 

17 (i) a city within a metropolitan area 

18 that is the central city of such area, as de19 fined and used by the Office of Manage20 ment and Budget; or 

21 (ii) any other city, within a metropoli22 tan area, which has a population of not 

23 less than 50,000. 

24 (B) PERIOD OF CLASSIFICATION.—Any 

25 city that was classified as a metropolitan city 
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1 for at least 2 years pursuant to subparagraph 

2 (A) shall remain classified as a metropolitan 

3 city. Any unit of general local government that 

4 becomes eligible to be classified as a metropoli5 tan city, and was not classified as a metropoli6 tan city in the immediately preceding fiscal 

7 year, may, upon submission of written notifica8 tion to the Secretary, defer its classification as 

9 a metropolitan city for all purposes under this 

10 Act, if it elects to have its population included 

11 in an urban county under subsection (d). 

12 (C) ELECTION BY A CITY.—Notwith13 standing subparagraph (B), a city may elect not 

14 to retain its classification as a metropolitan 

15 city. Any unit of general local government that 

16 was classified as a metropolitan city in any 

17 year, may, upon submission of written notifica18 tion to the Secretary, relinquish such classifica19 tion for all purposes under this Act if it elects 

20 to have its population included with the popu21 lation of a county for purposes of qualifying for 

22 assistance (for such following fiscal year) under 

23 section 5(e) as an urban county. 

24 (6) NONQUALIFYING COMMUNITY.—The term 

25 ‘‘nonqualifying community’’ means an area that is 
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1 not a metropolitan city or part of an urban county 

2 and does not include Indian tribes. 

3 (7) POPULATION.—The term ‘‘population’’ 

4 means total resident population based on data com5 piled by the United States Bureau of the Census 

6 and referable to the same point or period of time. 

7 (8) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Department of Homeland Secu9 rity. 

10 (9) STATE.—The term ‘‘State’’ means any 

11 State of the United States, or any instrumentality 

12 thereof approved by the Governor; and the Common13 wealth of Puerto Rico, the United States Virgin Is14 lands, American Samoa, Guam, and the Northern 

15 Mariana Islands. 

16 (10) UNIT OF GENERAL LOCAL GOVERN17 MENT.—The term ‘‘unit of general local govern18 ment’’ means any city, county, town, township, par19 ish, village, or other general purpose political sub20 division of a State; a combination of such political 

21 subdivisions is recognized by the Secretary; and the 

22 District of Columbia. 

23 (11) URBAN COUNTY.—The term ‘‘urban coun24 ty’’ means any county within a metropolitan area. 

25 (b) BASIS AND MODIFICATION OF DEFINITIONS.— 
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1 (1) BASIS.—Where appropriate, the definitions 

2 listed in subsection (a) shall be based, with respect 

3 to any fiscal year, on the most recent data compiled 

4 by the United States Bureau of the Census and the 

5 latest published reports of the Office of Management 

6 and Budget available 90 days before the beginning 

7 of such fiscal year. 

8 (2) MODIFICATION.—The Secretary may by 

9 regulation change or otherwise modify the meaning 

10 of the terms defined in subsection (a) in order to re11 flect any technical change or modification thereof 

12 made subsequent to such date by the United States 

13 Bureau of the Census or the Office of Management 

14 and Budget. 

15 (c) DESIGNATION OF PUBLIC AGENCIES.—The chief 

16 executive officer of a State or a unit of general local gov17 ernment may designate 1 or more public agencies, includ18 ing existing local public agencies, to undertake activities 

19 assisted under this Act. 

20 (d) INCLUSION OF LOCAL GOVERNMENTS IN URBAN

21 COUNTY POPULATION.—With respect to program years 

22 beginning with the program year for which grants are 

23 made available from amounts appropriated for fiscal year 

24 2005 under section 4, the population of any unit of gen25 eral local government which is included in that of an urban 
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1 county shall be included in the population of such urban 

2 county for 3 program years beginning with the program 

3 year in which its population was first so included and shall 

4 not otherwise be eligible for a grant as a separate entity, 

5 unless the urban county does not receive a grant for any 

6 year during such 3-year period. 

7 (e) EXCLUSION OF LOCAL GOVERNMENTS FROM

8 URBAN COUNTY POPULATION.— 

9 (1) NOTIFICATION BY URBAN COUNTY.—Any 

10 county seeking qualification as an urban county, in11 cluding any urban county seeking to continue such 

12 qualification, shall notify each unit of general local 

13 government, located within its geographical bound14 aries and eligible to elect to have its population ex15 cluded from that of the urban county, of its oppor16 tunity to make such an election. Such notification 

17 shall, at a time and in a manner prescribed by the 

18 Secretary, be provided so as to provide a reasonable 

19 period for response prior to the period for which 

20 such qualification is sought. 

21 (2) FAILURE OF LOCAL GOVERNMENT TO

22 ELECT TO BE EXCLUDED.—The population of any 

23 unit of general local government which is provided 

24 such notification and which does not inform, at a 

25 time and in a manner prescribed by the Secretary, 
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1 the county of its election to exclude its population 

2 from that of the county shall, if the county qualifies 

3 as an urban county, be included in the population of 

4 such urban county as provided under subsection (d). 

5 SEC. 4. GRANTS TO STATES, UNITS OF GENERAL LOCAL 

6 GOVERNMENT AND INDIAN TRIBES; AUTHOR7 IZATIONS. 

8 (a) AUTHORIZATION.—The Secretary may award 

9 grants to States, units of general local government, and 

10 Indian tribes to carry out activities in accordance with this 

11 Act. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) IN GENERAL.—There are authorized to be 

14 appropriated to carry out section 7— 

15 (A) $3,500,000 for each of the fiscal years 

16 2006 through 2009; and 

17 (B) such sums as may be necessary for fis18 cal year 2010 and each fiscal year thereafter. 

19 (2) STATE, REGIONAL, AND LOCAL PLANNING, 

20 TRAINING, AND COMMUNICATION SYSTEMS.—There 

21 are authorized to be appropriated to carry out sec22 tion 8— 

23 (A) $1,000,000,000 for each of the fiscal 

24 years 2006 through 2009; and 
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1 (B) such sums as may be necessary for fis2 cal year 2010 and each fiscal year thereafter. 

3 (3) URBAN AREA SECURITY INITIATIVE

4 (UASI).—There are authorized to be appropriated to 

5 carry out section 9— 

6 (A) $2,000,000,000 for each of the fiscal 

7 years 2006 through 2009; and 

8 (B) such sums as may be necessary for fis9 cal year 2010 and each fiscal year thereafter. 

10 (4) HOMELAND SECURITY FLEXIBLE EMER11 GENCY ASSISTANCE.—There are authorized to be ap12 propriated to carry out section 10— 

13 (A) $500,000,000 for each of the fiscal 

14 years 2006 through 2009; and 

15 (B) such sums as may be necessary for fis16 cal year 2010 and each fiscal year thereafter. 

17 (c) SUPPLEMENT NOT SUPPLANT.—Funds appro18 priated pursuant to the authority of this section shall be 

19 used to supplement and not supplant full Federal funding 

20 for other first responder programs, including— 

21 (1) the Community Oriented Policing Services 

22 Program, as authorized under part Q of title I of 

23 the Omnibus Crime Control and Safe Streets Act of 

24 1968 (42 U.S.C. 3796dd et seq.); 
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1 (2) the Local Law Enforcement Block Grant 

2 Program, as authorized under the Violent Crime 

3 Control and Law Enforcement Act of 1994 (Public 

4 Law 103–322) and described in H.R. 728, as passed 

5 by the House of Representatives on February 14, 

6 1995; 

7 (3) the Edward Byrne Memorial State and 

8 Local Law Enforcement Assistance Programs, as 

9 authorized under part E of title I of the Omnibus 

10 Crime Control and Safe Streets Act of 1968 (42 

11 U.S.C. 3750 et seq.); 

12 (4) the Assistance to Firefighters Grant Pro13 gram, as authorized under section 33 of the Federal 

14 Fire Prevention and Control Act of 1974 (15 U.S.C. 

15 2229); and 

16 (5) section 34 of the Federal Fire Prevention 

17 and Control Act of 1974 (15 U.S.C. 2229a). 

18 SEC. 5. STATEMENT OF ACTIVITIES AND REVIEW. 

19 (a) APPLICATION.— 

20 (1) IN GENERAL.—A State, metropolitan city, 

21 urban county, or unit of general local government 

22 desiring a grant under subsection (b) or (i) of sec23 tion 7 shall submit an application to the Secretary 

24 that contains— 
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1 (A) a statement of homeland security ob2 jectives and projected use of grant funds; and 

3 (B) the certifications required under para4 graph (2) and, if appropriate, subsection (b). 

5 (2) GRANTEE STATEMENT.— 

6 (A) CONTENTS.— 

7 (i) LOCAL GOVERNMENT.—In the case 

8 of metropolitan cities or urban counties re9 ceiving grants under section 7(b) and units 

10 of general local government receiving 

11 grants under section 7(i)(3), the statement 

12 of projected use of funds shall consist of 

13 proposed homeland security activities. 

14 (ii) STATES.—In the case of States 

15 receiving grants under section 7, the state16 ment of projected use of funds shall consist 

17 of the method by which the States will dis18 tribute funds to units of general local gov19 ernment. 

20 (B) CONSULTATION.—In preparing the 

21 statement required under this subsection, the 

22 grantee shall consult with appropriate law en23 forcement agencies and emergency response au24 thorities. 
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1 (C) FINAL STATEMENT.—A copy of the 

2 final statement and the certifications required 

3 under paragraph (3) and, where appropriate, 

4 subsection (b), shall be furnished to the Sec5 retary and the Attorney General. 

6 (D) MODIFICATIONS.—Any final statement 

7 of activities may be modified or amended from 

8 time to time by the grantee in accordance with 

9 the same procedures required under this para10 graph for the preparation and submission of 

11 such statement. 

12 (3) CERTIFICATION OF ENUMERATED CRITERIA

13 BY GRANTEE TO SECRETARY.—A grant under sec14 tion 7 shall not be awarded unless the grantee cer15 tifies to the satisfaction of the Secretary that the 

16 grantee— 

17 (A) has developed a homeland security 

18 plan that identifies both short- and long-term 

19 homeland security needs that have been devel20 oped in accordance with the primary objective 

21 and requirements of this Act; and 

22 (B) will comply with the other provisions 

23 of this Act and with other applicable laws. 

24 (b) SUBMISSION OF ANNUAL PERFORMANCE RE25 PORTS, AUDITS, AND ADJUSTMENTS.— 
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1 (1) IN GENERAL.—Each grantee shall submit to 

2 the Secretary, at a time determined by the Sec3 retary, a performance and evaluation report con4 cerning the use of funds made available under sec5 tion 7, together with an assessment by the grantee 

6 of the relationship of such use to the objectives iden7 tified in the grantee’s statement under subsection 

8 (a)(2). 

9 (2) UNIFORM REPORTING REQUIREMENTS.— 

10 (A) RECOMMENDATIONS BY NATIONAL AS11 SOCIATIONS.—The Secretary shall encourage 

12 and assist national associations of grantees eli13 gible under section 7, national associations of 

14 States, and national associations of units of 

15 general local government in nonqualifying areas 

16 to develop and recommend to the Secretary, not 

17 later than 1 year after the date of enactment of 

18 this Act, uniform recordkeeping, performance 

19 reporting, evaluation reporting, and auditing re20 quirements for such grantees, States, and units 

21 of general local government, respectively. 

22 (B) ESTABLISHMENT OF UNIFORM RE23 PORTING REQUIREMENTS.—Based on the Sec24 retary’s approval of the recommendations sub25 mitted pursuant to subparagraph (A), the Sec-
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1 retary shall establish uniform reporting require2 ments for grantees, States, and units of general 

3 local government. 

4 (3) REVIEWS AND AUDITS.—Not less than an5 nually, the Secretary shall make such reviews and 

6 audits as may be necessary or appropriate to deter7 mine— 

8 (A) in the case of grants awarded under 

9 section 7(b), whether the grantee— 

10 (i) has carried out its activities; 

11 (ii) where applicable, has carried out 

12 its activities and its certifications in ac13 cordance with the requirements and the 

14 primary objectives of this Act and with 

15 other applicable laws; and 

16 (iii) has a continuing capacity to carry 

17 out those activities in a timely manner; 

18 and 

19 (B) in the case of grants to States made 

20 under section 7(i), whether the State— 

21 (i) has distributed funds to units of 

22 general local government in a timely man23 ner and in conformance to the method of 

24 distribution described in its statement; 
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1 (ii) has carried out its certifications in 

2 compliance with the requirements of this 

3 Act and other applicable laws; and 

4 (iii) has made such reviews and audits 

5 of the units of general local government as 

6 may be necessary or appropriate to deter7 mine whether they have satisfied the appli8 cable performance criteria described in 

9 subparagraph (A). 

10 (4) ADJUSTMENTS.—The Secretary may make 

11 appropriate adjustments in the amount of the an12 nual grants in accordance with the Secretary’s find13 ings under this subsection. With respect to assist14 ance made available to units of general local govern15 ment under section 7(i)(3), the Secretary may ad16 just, reduce, or withdraw such assistance, or take 

17 other action as appropriate in accordance with the 

18 Secretary’s reviews and audits under this subsection, 

19 except that funds already expended on eligible activi20 ties under this Act shall not be recaptured or de21 ducted from future assistance to such units of gen22 eral local government. 

23 (c) AUDITS.—Insofar as they relate to funds provided 

24 under this Act, the financial transactions of recipients of 

25 such funds may be audited by the Government Account-
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1 ability Office under such rules and regulations as may be 

2 prescribed by the Comptroller General of the United 

3 States. The representatives of the Government Account4 ability Office shall have access to all books, accounts, 

5 records, reports, files, and other papers, things, or prop6 erty belonging to or in use by such recipients pertaining 

7 to such financial transactions and necessary to facilitate 

8 the audit. 

9 (d) METROPOLITAN CITY AS PART OF URBAN COUN10 TY.—In any case in which a metropolitan city is located, 

11 in whole or in part, within an urban county, the Secretary 

12 may, upon the joint request of such city and county, ap13 prove the inclusion of the metropolitan city as part of the 

14 urban county for purposes of submitting a statement 

15 under subsection (a) and carrying out activities under this 

16 Act. 

17 SEC. 6. ACTIVITIES ELIGIBLE FOR ASSISTANCE. 

18 Activities assisted under this Act may include— 

19 (1) funding additional law enforcement, fire, 

20 and emergency resources, including covering con21 struction, straight time, and overtime expenses; 

22 (2) purchasing and refurbishing personal pro23 tective equipment for fire, police, and emergency 

24 personnel and acquire state-of-the-art technology to 

25 improve communication and streamline efforts; 
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1 (3) improving cyber and infrastructure security 

2 by improving— 

3 (A) security for water treatment plants, 

4 distribution systems, other water infrastructure, 

5 nuclear power plants, electrical grids, and other 

6 energy infrastructure; 

7 (B) security for tunnels, bridges, locks, ca8 nals, railway systems, airports, land and water 

9 ports, and other transportation infrastructure; 

10 (C) security for oil and gas pipelines and 

11 storage facilities; 

12 (D) security for chemical plants and trans13 portation of hazardous substances; 

14 (E) security for agriculture infrastructure; 

15 and 

16 (F) security for national icons and Federal 

17 facilities that may be terrorist targets; 

18 (4) assisting local emergency planning commit19 tees so that local public agencies can design, review, 

20 and improve disaster response systems; 

21 (5) assisting communities in coordinating their 

22 efforts and sharing information with all relevant 

23 agencies involved in responding to terrorist attacks; 
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1 (6) establishing timely notification systems that 

2 enable communities to communicate with each other 

3 when a threat emerges; 

4 (7) improving communication systems to pro5 vide information to the public in a timely manner 

6 about the facts of any threat and the precautions 

7 the public should take; and 

8 (8) devising a homeland security plan, including 

9 determining long-term goals and short-term objec10 tives, evaluating the progress of the plan, and car11 rying out the management, coordination, and moni12 toring of activities necessary for effective planning 

13 implementation. 

14 SEC. 7. ALLOCATION AND DISTRIBUTION OF FUNDS. 

15 (a) SET-ASIDE FOR INDIAN TRIBES.— 

16 (1) IN GENERAL.—The Secretary shall reserve 

17 1 percent of the amount appropriated for each fiscal 

18 year for grants pursuant to section 4(b)(1) (exclud19 ing the amounts for activities described in section 6) 

20 for grants to Indian tribes. 

21 (2) SELECTION OF INDIAN TRIBES.— 

22 (A) IN GENERAL.—The Secretary shall 

23 distribute amounts under this paragraph to In24 dian tribes on the basis of a competition con-
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1 ducted pursuant to specific criteria for the se2 lection of Indian tribes to receive such amounts. 

3 (B) RULEMAKING.—The Secretary, after 

4 notice and public comment, shall promulgate 

5 regulations, which establish the criteria de6 scribed in subparagraph (A). 

7 (b) ALLOCATION TO METROPOLITAN CITIES AND

8 URBAN COUNTIES.— 

9 (1) ALLOCATION PERCENTAGE.—Of the amount 

10 remaining after allocations have been made to In11 dian tribes under subsection (a), the Secretary shall, 

12 not later than 60 days after the date on which such 

13 funds are appropriated, allocate and directly transfer 

14 70 percent to metropolitan cities and urban counties. 

15 (2) ENTITLEMENT.—Except as otherwise spe16 cifically authorized, each metropolitan city and 

17 urban county shall be entitled to an annual grant, 

18 to the extent authorized beyond fiscal year 2008, 

19 from such allocation in an amount not to exceed its 

20 basic amount computed pursuant to subsections (c) 

21 and (d). 

22 (c) COMPUTATION OF AMOUNT ALLOCATED TO MET23 ROPOLITAN CITIES.— 

24 (1) VULNERABILITY AND THREAT FACTORS.— 

25 The Secretary shall calculate the amount to be allo-
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1 cated to each metropolitan city, which shall bear the 

2 same ratio to the allocation for all metropolitan cit3 ies as the weighted average of— 

4 (A) the population (including tourist, mili5 tary, and commuting populations) of the metro6 politan city divided by the population of all met7 ropolitan cities; 

8 (B) the population density of the metro9 politan city; 

10 (C) the proximity of the metropolitan city 

11 to international borders; 

12 (D) the vulnerability of the metropolitan 

13 city as it pertains to chemical security; 

14 (E) the vulnerability of the metropolitan 

15 city as it pertains to nuclear security; 

16 (F) the vulnerability of the metropolitan 

17 city as it pertains to land and water port secu18 rity; 

19 (G) the vulnerability of the metropolitan 

20 city as it pertains to the security of energy in21 frastructure; 

22 (H) the vulnerability of the metropolitan 

23 city as it pertains to the security of inland wa24 terway infrastructure; 
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1 (I) the vulnerability of the metropolitan 

2 city as it pertains to the security of freight and 

3 passenger rail transportation infrastructure; 

4 (J) the vulnerability of the metropolitan 

5 city as it pertains to the security of aviation in6 frastructure; 

7 (K) the vulnerability of the metropolitan 

8 city as it pertains to the security of agriculture 

9 infrastructure; 

10 (L) the proximity of the metropolitan city 

11 to the nearest national icons and Federal facili12 ties that may be a terrorist target, as deter13 mined by the Department of Homeland Secu14 rity, and the proximity of all metropolitan cities 

15 to the nearest national icons and Federal build16 ings that may be a terrorist target, as deter17 mined by the Department of Homeland Secu18 rity; and 

19 (M) the threat to the metropolitan city 

20 based upon intelligence information from the 

21 Department of Homeland Security; 

22 (2) CLARIFICATION OF COMPUTATION RA23 TIOS.— 
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1 (A) RELATIVE WEIGHT OF FACTORS.—In 

2 determining the weighted average of the ratios 

3 under paragraph (1)— 

4 (i) threat, as defined by paragraph 

5 (1)(M), shall constitute 25 percent; 

6 (ii) population, as defined by para7 graph (1)(A), shall constitute 20 percent; 

8 (iii) population density, as defined by 

9 paragraph (1)(B), shall constitute 15 per10 cent; and 

11 (iv) the remaining factors shall be 

12 equally weighted. 

13 (B) POPULATION DENSITY.—The metro14 politan cities shall be ranked according to the 

15 density of their populations in calculating the 

16 weighted average of this factor. The population 

17 density ratio shall be 1 divided by the total 

18 number of metropolitan cities, not to exceed 

19 100. 

20 (C) PROXIMITY TO INTERNATIONAL BOR21 DERS.—If a metropolitan city is located within 

22 50 miles of an international border, the ratio 

23 under paragraph (1)(C) shall be 1 divided by 

24 the total number of metropolitan cities, not to 
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1 exceed 100, which are located within 50 miles 

2 of an international border. 

3 (D) VULNERABILITY AS IT PERTAINS TO

4 CHEMICAL SECURITY.—If a metropolitan city is 

5 within the vulnerable zone of a worst-case 

6 chemical release (as specified in the most recent 

7 risk management plans filed with the Environ8 mental Protection Agency or another instru9 ment development by the Environmental Pro10 tection Agency or the Department of Homeland 

11 Security that captures the same information for 

12 the same facilities), the ratio under paragraph 

13 (1)(D) shall be 1 divided by the total number 

14 of metropolitan cities that are within such a 

15 zone, not to exceed 100. 

16 (E) VULNERABILITY AS IT PERTAINS TO

17 NUCLEAR SECURITY.—If a metropolitan city is 

18 located within 50 miles of an operating nuclear 

19 power plant, as identified by the Nuclear Regu20 latory Commission, the ratio under paragraph 

21 (1)(E) shall be 1 divided by the total number 

22 of metropolitan cities, not to exceed 100, which 

23 are located within 50 miles of an operating nu24 clear power plant. 
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1 (F) VULNERABILITY AS IT PERTAINS TO

2 PORT SECURITY.—If a metropolitan city is lo3 cated within 50 miles of— 

4 (i) one of the 75 largest United States 

5 ports, as stated by the Department of 

6 Transportation, Bureau of Transportation 

7 Statistics, United States Ports Report by 

8 All Land Modes; or 

9 (ii) one of the 25 largest United 

10 States water ports by metric tons and 

11 value, as stated by the Department of 

12 Transportation, Maritime Administration, 

13 United States Foreign Waterborne Trans14 portation Statistics, 

15 the ratio under paragraph (1)(F) shall be 1 di16 vided by the total number of metropolitan cities 

17 that are located within 50 miles of a United 

18 States land or water port, not to exceed 100. 

19 (G) VULNERABILITY AS IT PERTAINS TO

20 ENERGY INFRASTRUCTURE SECURITY.—If a 

21 metropolitan city is among the 100 metropoli22 tan cities that are closest to, or within 50 miles 

23 of, non-nuclear power generating plants, com24 pressors, and other significant components of 

25 critical energy infrastructure as identified by 
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1 the Department of Energy or the Department 

2 of Homeland Security, the ratio under para3 graph (1)(G) shall be 1 divided by the total 

4 number of metropolitan cities that are located 

5 within 50 miles of critical energy infrastructure, 

6 not to exceed 100. 

7 (H) VULNERABILITY AS IT PERTAINS TO

8 INLAND WATERWAY INFRASTRUCTURE SECU9 RITY.—If a metropolitan city is among the 100 

10 metropolitan cities that are closest to, or within 

11 50 miles of, the most significant locks, canals, 

12 and other components of critical inland water13 way system infrastructure as identified by the 

14 Department of Transportation, the ratio under 

15 paragraph (1)(H) shall be 1 divided by the total 

16 number of metropolitan cities that are located 

17 within 50 miles of critical inland water infra18 structure, not to exceed 100. 

19 (I) VULNERABILITY AS IT PERTAINS TO

20 RAIL TRANSPORTATION INFRASTRUCTURE SE21 CURITY.—If a metropolitan city is among the 

22 100 metropolitan cities that are closest to, or 

23 within 50 miles of, the largest railroad hubs 

24 and other significant components of critical 

25 freight and passenger rail infrastructure, as 
29 

•S 140 IS

1 identified by the Department of Transportation, 

2 the ratio under paragraph (1)(I) shall be 1 di3 vided by the total number of metropolitan cities 

4 that are located within 50 miles of critical in5 land water infrastructure, not to exceed 100. 

6 (J) VULNERABILITY AS IT PERTAINS TO

7 AVIATION INFRASTRUCTURE SECURITY.—If a 

8 metropolitan city is among the 100 metropoli9 tan cities that are closest to, or within 50 miles 

10 of, major passenger or cargo airports that are 

11 significant components of the Nation’s air 

12 transportation infrastructure as identified by 

13 the Department of Transportation, the ratio 

14 under paragraph (1)(J) shall be 1 divided by 

15 the total number of metropolitan cities that are 

16 located within 50 miles of critical aviation 

17 transportation infrastructure, not to exceed 

18 100. 

19 (K) VULNERABILITY AS IT PERTAINS TO

20 AGRICULTURE INFRASTRUCTURE SECURITY.—If 

21 a metropolitan city is among the 100 metropoli22 tan cities that are closest to, or within 50 miles 

23 of, major feed yards, food processing facilities, 

24 and other significant components of the na25 tion’s agriculture infrastructure, as defined and 
30 

•S 140 IS

1 determined by the Department of Agriculture 

2 and the Department of Homeland Security, the 

3 ratio under paragraph (1)(K) shall be 1 divided 

4 by the total number of metropolitan cities that 

5 are located within 50 miles of critical agri6 culture infrastructure, not to exceed 100. 

7 (L) PROXIMITY TO NATIONAL ICONS AND

8 FEDERAL BUILDINGS.—If a metropolitan city is 

9 among the 100 metropolitan cities that are clos10 est to, or within 50 miles of, national icons and 

11 Federal buildings that the Department of 

12 Homeland Security determines are most vulner13 able with respect to a terrorist attack, the ratio 

14 under paragraph (1)(L) shall be 1 divided by 

15 the total number of metropolitan cities that are 

16 located within 50 miles of such icons or Federal 

17 buildings, not to exceed 100. 

18 (M) INTELLIGENCE.—If a metropolitan 

19 city is among the 100 metropolitan cities that 

20 have been identified by the Department of 

21 Homeland Security as being special alert or 

22 heightened alert status for the longest periods 

23 of time, the ratio under paragraph (1)(M) shall 

24 be 1 divided by the total number of metropoli25 tan cities that have been identified by the De-
31 

•S 140 IS

1 partment of Homeland Security, not to exceed 

2 100. 

3 (d) COMPUTATION OF AMOUNT ALLOCATED TO

4 URBAN COUNTIES.— 

5 (1) VULNERABILITY AND THREAT FACTORS.— 

6 The Secretary shall determine the amount to be allo7 cated to each urban county, which shall bear the 

8 same ratio to the allocation for all urban counties as 

9 the weighted average of— 

10 (A) the population (including tourist, mili11 tary, and commuting populations) of the urban 

12 county divided by the population of all urban 

13 counties; 

14 (B) the population density of the urban 

15 county; 

16 (C) the proximity of the urban county to 

17 international borders; 

18 (D) the vulnerability of the urban county 

19 as it pertains to chemical security; 

20 (E) the vulnerability of the urban county 

21 as it pertains to nuclear security; 

22 (F) the vulnerability of the urban county 

23 as it pertains land and water port security; 
32 

•S 140 IS

1 (G) the vulnerability of the urban county 

2 as it pertains to the security of energy infra3 structure; 

4 (H) the vulnerability of the urban county 

5 as it pertains to the security of inland waterway 

6 infrastructure; 

7 (I) the vulnerability of the urban county as 

8 it pertains to the security of freight and pas9 senger rail transportation infrastructure; 

10 (J) the vulnerability of the urban county 

11 as it pertains to the security of aviation infra12 structure; 

13 (K) the vulnerability of the urban county 

14 as it pertains to the security of agriculture in15 frastructure; 

16 (L) the proximity of the urban county to 

17 the nearest national icons and Federal facilities 

18 that may be a terrorist target, as determined by 

19 the Department of Homeland Security, and the 

20 proximity of all urban counties to the nearest 

21 national icons and Federal buildings that may 

22 be a terrorist target, as determined by the De23 partment of Homeland Security; and 
33 

•S 140 IS

1 (M) the threat to the urban county based 

2 upon intelligence information from the Depart3 ment of Homeland Security; 

4 (2) CLARIFICATION OF COMPUTATION RA5 TIOS.— 

6 (A) RELATIVE WEIGHT OF FACTORS.—In 

7 determining the weighted average of the ratios 

8 under paragraph (1)— 

9 (i) threat, as defined in paragraph 

10 (1)(M), shall constitute 25 percent; 

11 (ii) population, as defined in para12 graph (1)(A), shall constitute 20 percent; 

13 (iii) population density, as defined in 

14 paragraph (1)(B), shall constitute 15 per15 cent; and 

16 (iv) the remaining factors shall be 

17 equally weighted. 

18 (B) POPULATION DENSITY.—The popu19 lation density ratio shall be 1 divided by the 

20 total number of urban counties, not to exceed 

21 100. The urban counties shall be ranked ac22 cording to the density of their populations in 

23 calculating the weighted average of this factor. 

24 (C) PROXIMITY TO INTERNATIONAL BOR25 DERS.—If an urban county is located within 50 
34 

•S 140 IS

1 miles of an international border, the ratio under 

2 paragraph (1)(C) shall be 1 divided by the total 

3 number of urban counties, not to exceed 100, 

4 which are located within 50 miles of an inter5 national border. 

6 (D) VULNERABILITY AS IT PERTAINS TO

7 CHEMICAL SECURITY.—If an urban county is 

8 within the vulnerable zone of a worst-case 

9 chemical release (as specified in the most recent 

10 risk management plans filed with the Environ11 mental Protection Agency or another instru12 ment development by the Environmental Pro13 tection Agency or the Department of Homeland 

14 Security that captures the same information for 

15 the same facilities), the ratio under paragraph 

16 (1)(D) shall be 1 divided by the total number 

17 of urban counties that are within such a zone, 

18 not to exceed 100. 

19 (E) VULNERABILITY AS IT PERTAINS TO

20 NUCLEAR SECURITY.—If an urban county is lo21 cated within 50 miles of an operating nuclear 

22 power plant, as identified by the Nuclear Regu23 latory Commission, the ratio under paragraph 

24 (1)(E) shall be 1 divided by the total number 

25 of urban counties, not to exceed 100, which are 
35 

•S 140 IS

1 located within 50 miles of an operating nuclear 

2 power plant. 

3 (F) VULNERABILITY AS IT PERTAINS TO

4 PORT SECURITY.—If an urban county is located 

5 within 50 miles of— 

6 (i) one of the 75 largest United States 

7 ports, as stated by the Department of 

8 Transportation, Bureau of Transportation 

9 Statistics, United States Ports Report by 

10 All Land Modes; or 

11 (ii) one of the 25 largest United 

12 States water ports by metric tons and 

13 value, as stated by the Department of 

14 Transportation, Maritime Administration, 

15 United States Foreign Waterborne Trans16 portation Statistics, the ratio under para17 graph (1)(F) shall be 1 divided by the total 

18 number of urban counties that are located 

19 within 50 miles of a United States land or 

20 water port, not to exceed 100. 

21 (G) VULNERABILITY AS IT PERTAINS TO

22 ENERGY INFRASTRUCTURE SECURITY.—If an 

23 urban county is among the 100 urban counties 

24 that are closest to, or within 50 miles of, non25 nuclear power generating plants, compressors, 
36 

•S 140 IS

1 and other significant components of critical en2 ergy infrastructure as identified by the Depart3 ment of Energy or the Department of Home4 land Security, the ratio under paragraph (1)(G) 

5 shall be 1 divided by the total number of urban 

6 counties that are located within 50 miles of 

7 critical energy infrastructure, not to exceed 

8 100. 

9 (H) VULNERABILITY AS IT PERTAINS TO

10 INLAND WATERWAY INFRASTRUCTURE SECU11 RITY.—If an urban county is among the 100 

12 urban counties that are closest to, or within 50 

13 miles of, the most significant locks, canals, and 

14 other components of critical inland waterway 

15 system infrastructure as identified by the De16 partment of Transportation, the ratio under 

17 paragraph (1)(H) shall be 1 divided by the total 

18 number of urban counties that are located with19 in 50 miles of critical inland water infrastruc20 ture, not to exceed 100. 

21 (I) VULNERABILITY AS IT PERTAINS TO

22 RAIL TRANSPORTATION INFRASTRUCTURE SE23 CURITY.—If an urban county is among the 100 

24 urban counties that are closest to, or within 50 

25 miles of, the largest railroad hubs and other 
37 

•S 140 IS

1 significant components of critical freight and 

2 passenger rail infrastructure, as identified by 

3 the Department of Transportation, the ratio 

4 under paragraph (1)(I) shall be 1 divided by 

5 the total number of urban counties that are lo6 cated within 50 miles of critical inland water in7 frastructure, not to exceed 100. 

8 (J) VULNERABILITY AS IT PERTAINS TO

9 AVIATION INFRASTRUCTURE SECURITY.—If an 

10 urban county is among the 100 urban counties 

11 that are closest to, or within 50 miles of, major 

12 passenger or cargo airports that are significant 

13 components of the Nation’s air transportation 

14 infrastructure as identified by the Department 

15 of Transportation, the ratio under paragraph 

16 (1)(J) shall be 1 divided by the total number of 

17 urban counties that are located within 50 miles 

18 of critical aviation transportation infrastruc19 ture, not to exceed 100. 

20 (K) VULNERABILITY AS IT PERTAINS TO

21 AGRICULTURE INFRASTRUCTURE SECURITY.—If 

22 urban county is among the 100 urban counties 

23 that are closest to, or within 50 miles of, major 

24 feed yards, food processing facilities, and other 

25 significant components of the Nation’s agri-
38 

•S 140 IS

1 culture infrastructure, as defined and deter2 mined by the Department of Agriculture and 

3 the Department of Homeland Security, the 

4 ratio under paragraph (1)(K) shall be 1 divided 

5 by the total number of urban counties that are 

6 located within 50 miles of critical agriculture 

7 infrastructure, not to exceed 100. 

8 (L) PROXIMITY TO NATIONAL ICONS AND

9 FEDERAL BUILDINGS.—If an urban county is 

10 among the 100 urban counties that are closest 

11 to, or within 50 miles of, national icons and 

12 Federal buildings that the Department of 

13 Homeland Security determines are most vulner14 able with respect to a terrorist attack, the ratio 

15 under paragraph (1)(L) shall be 1 divided by 

16 the total number of urban counties that are lo17 cated within 50 miles of such icons or Federal 

18 buildings, not to exceed 100. 

19 (M) INTELLIGENCE.—If an urban county 

20 is among the 100 urban counties that have been 

21 identified by the Department of Homeland Se22 curity as being special alert or heightened alert 

23 status for the longest periods of time, the ratio 

24 under paragraph (1)(M) shall be 1 divided by 

25 the total number of urban counties that have 
39 

•S 140 IS

1 been identified by the Department of Homeland 

2 Security, not to exceed 100. 

3 (e) EXCLUSIONS.— 

4 (1) IN GENERAL.—In computing amounts or 

5 exclusions under subsection (d) with respect to any 

6 urban county, units of general local government lo7 cated in the county that are not included in the pop8 ulation of the county in determining the eligibility of 

9 the county to receive a grant under this subsection 

10 shall be excluded, except that any independent city 

11 (as defined by the Bureau of the Census) shall be 

12 included if it— 

13 (A) is not part of any county; 

14 (B) is not eligible for a grant; 

15 (C) is contiguous to the urban county; 

16 (D) has entered into cooperation agree17 ments with the urban county which provide that 

18 the urban county is to undertake or to assist in 

19 the undertaking of essential community devel20 opment and housing assistance activities with 

21 respect to such independent city; and 

22 (E) is not included as a part of any other 

23 unit of general local government for purposes of 

24 this section. 
40 

•S 140 IS

1 (2) INDEPENDENT CITIES.—Any independent 

2 city that is included in any fiscal year for purposes 

3 of computing amounts pursuant to the preceding 

4 sentence shall not be eligible to receive assistance 

5 under subsection (i) for that fiscal year. 

6 (f) INCLUSIONS.— 

7 (1) LOCAL GOVERNMENT STRADDLING COUNTY

8 LINE.—In computing amounts under subsection (d) 

9 with respect to any urban county, there shall be in10 cluded all of the area of any unit of local govern11 ment which is part of, but is not located entirely 

12 within the boundaries of, such urban county if— 

13 (A) the part of such unit of local govern14 ment that is within the boundaries of such 

15 urban county would otherwise be included in 

16 computing the amount for such urban county 

17 under this section; and 

18 (B) the part of such unit of local govern19 ment that is not within the boundaries of such 

20 urban county is not included as a part of any 

21 other unit of local government for the purpose 

22 of this section. 

23 (2) USE OF GRANT FUNDS OUTSIDE URBAN

24 COUNTY.—Any amount received under this section 

25 by an urban county described under paragraph (1) 
41 

•S 140 IS

1 may be used with respect to the part of such unit 

2 of local government that is outside the boundaries of 

3 such urban county. 

4 (g) POPULATION.— 

5 (1) EFFECT OF CONSOLIDATION.—Where data 

6 are available, the amount to be allocated to a metro7 politan city that has been formed by the consolida8 tion of 1 or more metropolitan cities within an 

9 urban county shall be equal to the sum of the 

10 amounts that would have been allocated to the urban 

11 county or cities and the balance of the consolidated 

12 government, if such consolidation had not occurred. 

13 (2) LIMITATION.—Paragraph (1) shall apply 

14 only to a consolidation that— 

15 (A) included all metropolitan cities that re16 ceived grants under this section for the fiscal 

17 year preceding such consolidation and that were 

18 located within the urban county; 

19 (B) included the entire urban county that 

20 received a grant under this section for the fiscal 

21 year preceding such consolidation; and 

22 (C) took place on or after January 1, 

23 2005. 
42 

•S 140 IS

1 (3) GROWTH RATE.—The population growth 

2 rate of all metropolitan cities defined in section 

3 3(a)(6) shall be based on the population of— 

4 (A) metropolitan cities other than consoli5 dated governments the grant for which is deter6 mined under this paragraph; and 

7 (B) cities that were metropolitan cities be8 fore their incorporation into consolidated gov9 ernments. 

10 (4) ENTITLEMENT SHARE.—For purposes of 

11 calculating the entitlement share for the balance of 

12 the consolidated government under this subsection, 

13 the entire balance shall be considered to have been 

14 an urban county. 

15 (h) REALLOCATION.— 

16 (1) IN GENERAL.—Except as provided under 

17 paragraph (2), any amounts allocated to a metro18 politan city or an urban county under this section 

19 that are not received by the city or county for a fis20 cal year because of failure to meet the requirements 

21 of subsection (a) or (b) of section 5, or that other22 wise became available, shall be reallocated in the 

23 succeeding fiscal year to the other metropolitan cit24 ies and urban counties in the same metropolitan 

25 area that certify to the satisfaction of the Secretary 
43 

•S 140 IS

1 that they would be adversely affected by the loss of 

2 such amounts from the metropolitan area. 

3 (2) RATIO.—The amount of the share of funds 

4 reallocated under this subsection for any metropoli5 tan city or urban county shall bear the same ratio 

6 to the total of such reallocated funds in the metro7 politan area as the amount of funds awarded to the 

8 city or county for the fiscal year in which the reallo9 cated funds become available bears to the total 

10 amount of funds awarded to all metropolitan cities 

11 and urban counties in the same metropolitan area 

12 for that fiscal year. 

13 (3) TRANSFER.—Notwithstanding paragraphs 

14 (1) and (2), the Secretary may, upon request, trans15 fer to any metropolitan city the responsibility for the 

16 administration of any amounts received, but not ob17 ligated, by the urban county in which such city is lo18 cated if— 

19 (A) such city was an included unit of gen20 eral local government in such county prior to 

21 the qualification of such city as a metropolitan 

22 city; 

23 (B) such amounts were designated and re24 ceived by such county for use in such city prior 
44 

•S 140 IS

1 to the qualification of such city as a metropoli2 tan city; and 

3 (C) such city and county agree to such 

4 transfer of responsibility for the administration 

5 of such amounts. 

6 (i) ALLOCATION TO STATES ON BEHALF OF NON7 QUALIFYING COMMUNITIES.— 

8 (1) IN GENERAL.—Of the amount appropriated 

9 pursuant to section 4 that remains after allocations 

10 under subsections (a) and (b), the Secretary shall al11 locate 30 percent among the States for use in non12 qualifying communities. 

13 (2) ALLOCATION FORMULA.— 

14 (A) FACTORS.—The Secretary shall make 

15 the allocation for each State based on factors 

16 such as threat, vulnerability, population, popu17 lation density, the presence of critical infra18 structure, and other factors considered appro19 priate by the Secretary. 

20 (B) PRO-RATA REDUCTION.—The Sec21 retary shall make a pro rata reduction of each 

22 amount allocated to the nonqualifying commu23 nities in each State under subparagraph (A) so 

24 that the nonqualifying communities in each 

25 State will receive the same percentage of the 
45 

•S 140 IS

1 total amount available under this subsection as 

2 the percentage that such communities would 

3 have received if the total amount available had 

4 equaled the total amount allocated under sub5 paragraph (A). 

6 (3) DISTRIBUTION.— 

7 (A) STATES.—A State shall distribute 

8 amounts it receives under this subsection to 

9 units of general local government located in 

10 nonqualifying areas of the State in such man11 ner and at such time as the Secretary shall pre12 scribe, consistent with the statement submitted 

13 under section 5(a), and not later than 45 days 

14 after the date on which the State receives such 

15 amounts from the Federal Government. 

16 (B) CERTIFICATION.—Before a State may 

17 receive or distribute amounts allocated under 

18 this subsection, the State must certify that— 

19 (i) with respect to units of general 

20 local government in nonqualifying areas, 

21 the State— 

22 (I) provides, or will provide, tech23 nical assistance to units of general 

24 local government in connection with 

25 homeland security initiatives; 
46 

•S 140 IS

1 (II) will not refuse to distribute 

2 such amounts to any unit of general 

3 local government on the basis of the 

4 particular eligible activity selected by 

5 such unit of general local government 

6 to meet its homeland security objec7 tives, except that this clause may not 

8 be considered to prevent a State from 

9 establishing priorities in distributing 

10 such amounts on the basis of the ac11 tivities selected; and 

12 (III) has consulted with local 

13 elected officials from among units of 

14 general local government located in 

15 nonqualifying areas of that State in 

16 determining the method of distribu17 tion of funds required by subpara18 graph (A); and 

19 (ii) each unit of general local govern20 ment to be distributed funds will be re21 quired to identify its homeland security ob22 jectives, and the activities to be undertaken 

23 to meet such objectives. 

24 (4) MINIMUM AMOUNT.— 
47 

•S 140 IS

1 (A) IN GENERAL.—Except as provided 

2 under subparagraph (B), each State shall be al3 located, for each fiscal year authorized under 

4 this Act and under this section, the greater 

5 of— 

6 (i) 0.25 percent of the total amount 

7 appropriated in the fiscal year for grants 

8 to States that are not located on an inter9 national border under this section; 

10 (ii) 0.45 percent of the fatal amount 

11 appropriated in the fiscal year for grants 

12 to States that are located on an inter13 national border; or 

14 (iii) the amount the State would oth15 erwise be allocated under the formula set 

16 forth in this section. 

17 (B) EXCEPTION.—Notwithstanding sub18 paragraph (A), the United States Virgin Is19 lands, American Samoa, Guam, and the North20 ern Mariana Islands shall each be allocated 

21 0.25 percent of the total amount appropriated 

22 in each fiscal year for grants to States under 

23 this section. 

24 (5) ADMINISTRATION.— 
48 

•S 140 IS

1 (A) IN GENERAL.—Each State shall be re2 sponsible for the administration of all funds re3 ceived and distributed under paragraph (1). Ex4 cept as provided under subparagraph (B), the 

5 State shall pay for all administrative expenses 

6 incurred by the State in carrying out its respon7 sibilities under this Act. 

8 (B) FEDERAL SHARE.—From the amounts 

9 received by each State for distribution in non10 qualifying areas, the State may deduct an 

11 amount to pay— 

12 (i) the first $150,000 of its adminis13 trative expenses under this subsection; and 

14 (ii) 50 percent of any State adminis15 trative expenses under this subsection in 

16 excess of $150,000, which amount shall 

17 not exceed 2 percent of the amount re18 ceived by the State under paragraph (1). 

19 (C) DISTRIBUTION.—Any distribution by 

20 the Secretary under paragraph (1) shall be 

21 made in accordance with— 

22 (i) determinations of the Secretary; 

23 (ii) statements submitted and the 

24 other requirements under section 5 (except 

25 for subsection (c)); 
49 

•S 140 IS

1 (iii) regulations and procedures pre2 scribed by the Secretary. 

3 (D) REALLOCATION.— 

4 (i) FAILURE TO COMPLY.—Any 

5 amounts allocated for use in a State under 

6 paragraph (1) that are not received by the 

7 State for any fiscal year because of failure 

8 to meet the requirements of subsection (a) 

9 or (b) of section 5 shall be added to 

10 amounts allocated to all States under para11 graph (1) for the succeeding fiscal year. 

12 (ii) CLOSEOUT.—Any amounts allo13 cated for use in a State under paragraph 

14 (1) that become available as a result of the 

15 closeout of a grant made by the Secretary 

16 under this section in nonqualifying areas of 

17 the State shall be added to amounts allo18 cated to the State under paragraph (1) for 

19 the fiscal year in which such amounts be20 come available. 

21 (6) SINGLE UNIT.—Any combination of units of 

22 general local governments may not be required to 

23 obtain recognition by the Secretary to be treated as 

24 a single unit of general local government for pur25 poses of this subsection. 
50 

•S 140 IS

1 (7) DEDUCTION.—From the amounts received 

2 under paragraph (1) for distribution in nonquali3 fying areas, the State may use not more than 1 per4 cent to provide technical assistance to local govern5 ments. 

6 (8) APPLICABILITY.—Any activities conducted 

7 with amounts received by a unit of general local gov8 ernment under this subsection shall be subject to the 

9 applicable provisions of this Act and other Federal 

10 law in the same manner and to the same extent as 

11 activities conducted with amounts received by a unit 

12 of general local government under subsection (a). 

13 (j) QUALIFICATIONS AND DETERMINATIONS.—The 

14 Secretary may prescribe such qualification or submission 

15 dates as the Secretary determines to be necessary to per16 mit the computations and determinations required by this 

17 section to be made in a timely manner, and all such com18 putations and determinations shall be final and conclusive. 

19 (k) PRO RATA REDUCTION AND INCREASE.— 

20 (1) REDUCTION.—If the total amount available 

21 for distribution in any fiscal year to metropolitan 

22 cities and urban counties under this section is insuf23 ficient to provide the amounts to which metropolitan 

24 cities and urban counties would be entitled under 

25 this section, and funds are not otherwise appro-
51 

•S 140 IS

1 priated to meet the deficiency, the Secretary shall 

2 meet the deficiency through a pro rata reduction of 

3 all amounts determined under this section. 

4 (2) INCREASE.—If the total amount available 

5 for distribution in any fiscal year to metropolitan 

6 cities and urban counties under this section exceeds 

7 the amounts to which metropolitan cities and urban 

8 counties would be entitled under this section, the 

9 Secretary shall distribute the excess through a pro 

10 rata increase of all amounts determined under this 

11 section. 

12 SEC. 8. STATE AND REGIONAL PLANNING AND COMMU13 NICATION SYSTEMS. 

14 (a) ALLOCATIONS.—From the amounts appropriated 

15 pursuant to section 4(b)(2), the Secretary shall allocate 

16 $1,000,000,000 to States, regional cooperations, and units 

17 of general local government for— 

18 (1) homeland defense planning within the 

19 States; 

20 (2) providing increased security through addi21 tional first responder personnel; 

22 (3) purchasing and refurbishing personal pro23 tective equipment for first responder personnel; 

24 (4) homeland defense planning within the re25 gions; 
52 

•S 140 IS

1 (5) the development and maintenance of State2 wide training facilities and homeland security best3 practices clearinghouses; and 

4 (6) the development and maintenance of com5 munications systems that can be used between and 

6 among first responders, including law enforcement, 

7 fire, and emergency medical personnel. 

8 (b) USE OF FUNDS.—Of the amount allocated under 

9 subsection (a)— 

10 (1) $500,000,000 shall be used by the States 

11 for homeland defense planning and coordination 

12 within each State; 

13 (2) $50,000,000 shall be used by regional co14 operations and regional, multistate, or intrastate au15 thorities for homeland defense planning and coordi16 nation within each region; 

17 (3) $50,000,000 shall be used by the States to 

18 develop and maintain statewide training facilities 

19 and best-practices clearinghouses; and 

20 (4) $400,000,000 shall be used by the States 

21 and units of general local government to develop and 

22 maintain communications systems that can be used 

23 between and among first responders at the State 

24 and local level, including law enforcement, fire, and 

25 emergency personnel. 
53 

•S 140 IS

1 (c) ALLOCATIONS TO STATES.— 

2 (1) IN GENERAL.—Amounts allocated to States 

3 under this section shall be allocated among the 

4 States based on factors such as threat, vulnerability, 

5 population, population density, the presence of crit6 ical infrastructure, and other factors considered ap7 propriate by the Secretary. 

8 (2) MINIMUM AMOUNT PROVISION.—The provi9 sion under section 7(i)(4) relating to a minimum 

10 amount shall apply to amounts allocated to States 

11 under this section. 

12 (3) LOCAL COMMUNICATIONS SYSTEMS.— 

13 (A) IN GENERAL.—Not less than 50 per14 cent of the amounts allocated under subsection 

15 (b)(4) shall be used for the development and 

16 maintenance of local communications systems. 

17 (B) DISTRIBUTION OF FUNDS.—Each 

18 State shall distribute amounts reserved for local 

19 communications systems in that State under 

20 subparagraph (A) to units of general local gov21 ernment not later than 45 days after the State 

22 receives such amounts from the Federal Gov23 ernment. 

24 (d) ALLOCATIONS TO REGIONAL COOPERATIONS.— 

25 Funds allocated under subsection (b)(2) shall be allocated 
54 

•S 140 IS

1 to regional cooperations and regional, multistate, or intra2 state authorities, based upon the population of the areas 

3 covered by each regional cooperative. 

4 SEC. 9. URBAN AREA SECURITY INITIATIVE. 

5 (a) ALLOCATIONS.— 

6 (1) IN GENERAL.—From the amounts appro7 priated pursuant to section 4(b)(3), the Secretary 

8 shall allocate $2,000,000 for discretionary grants 

9 made under the Urban Area Security Initiative to 

10 high-threat, high-risk urban areas, as determined by 

11 the Secretary, for their homeland security needs, 

12 and for rail security, port security, inter-city bus se13 curity, trucking industry security, and high-threat 

14 non-profit organizations. 

15 (2) DISTRIBUTION.—Grant funds awarded 

16 under this section shall be transferred directly to 

17 Urban Areas Security Initiative recipients not later 

18 than 60 days after the date on which funds are ap19 propriated pursuant to section 4(b)(3). 

20 (b) SELECTION CRITERIA.—In selecting high-threat, 

21 high-risk urban area grantees under this section, the Sec22 retary shall consider— 

23 (1) credible threat; 

24 (2) vulnerability; 
55 

•S 140 IS

1 (3) the presence of critical infrastructure, in2 cluding infrastructure described in section 7; 

3 (4) population; 

4 (5) population density; 

5 (6) identified needs of public agencies; and 

6 (7) other factors considered appropriate by the 

7 Secretary. 

8 (c) HOMELAND SECURITY PLAN.—Each grantee 

9 awarded a grant under this section shall submit a home10 land security plan to the State in which it is located and 

11 to the Secretary that describes the intended use of grant 

12 funds received under this section. 

13 (d) MINIMUM AMOUNT.—Section 1014(c)(3) of the 

14 USA PATRIOT ACT (42 U.S.C. 3711(c)(3)) and section 

15 7(i)(4) of this Act shall not apply to funds awarded under 

16 this section. 

17 SEC. 10. FLEXIBLE EMERGENCY ASSISTANCE FUND. 

18 (a) IN GENERAL.—From the amounts appropriated 

19 pursuant to section 4(b)(4), $500,000,000 shall be used 

20 to create a flexible emergency assistance fund, from which 

21 the Secretary shall provide funds directly to State and 

22 units of local government that incur extraordinary home23 land security costs. 
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1 (b) RELEASE OF FUNDS.—The Secretary may release 

2 emergency assistance funds to a State or local community 

3 as the Secretary determines to be appropriate, including— 

4 (1) when the Secretary determines that a State 

5 or local community may be the specific target of a 

6 terrorist threat; 

7 (2) when a local community is the venue of a 

8 high profile trial related to homeland security or ter9 rorism; 

10 (3) when the State or local community has been 

11 asked to assist in a Federal investigation concerning 

12 homeland security or terrorism; and 

13 (4) when an agency of the Federal Government 

14 has requested the State or local community to assist 

15 that agency in performing homeland security func16 tions. 

17 (c) REIMBURSEMENTS.—The Secretary may disburse 

18 flexible emergency assistance funds to reimburse States 

19 and units of general local government for increased per20 sonnel costs associated with the activation of first respond21 ers who serve in the Reserves or National Guard. 

22 (d) MINIMUM AMOUNT.—Section 1014(c)(3) of the 

23 USA PATRIOT ACT (42 U.S.C. 3711(c)(3)) and section 

24 7(i)(4) of this Act shall not apply to funds awarded under 

25 this section. 
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1 SEC. 11. FEDERAL PREPAREDNESS, EQUIPMENT, AND 

2 TRAINING STANDARDS. 

3 (a) IN GENERAL.—The Department of Homeland Se4 curity shall develop national homeland security prepared5 ness, first responder training, and equipment standards, 

6 and best practices to facilitate the most effective and effi7 cient use of funds authorized under this Act. 

8 (b) CONSULTATION.—Not later than 1 year after the 

9 date of enactment of this Act, the Secretary shall develop 

10 the standards described in subsection (a) in consultation 

11 with first responders, States, local communities, non12 governmental homeland security experts, and such other 

13 persons and organizations as the Secretary determines to 

14 be appropriate. 

15 (c) REPORTS.— 

16 (1) DEVELOPMENT OF STANDARDS AND BEST

17 PRACTICES.—The Secretary shall submit a report to 

18 Congress on the progress made in developing the 

19 standards and best practices described in subsection 

20 (a)— 

21 (A) not later than 90 days after the date 

22 of enactment of this Act; and 

23 (B) not later than 180 days after the date 

24 of enactment of this Act. 

25 (2) ALLOCATION METHODS.—The Secretary 

26 shall submit a report to Congress detailing the spe-
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1 cific methods used to make the allocations under 

2 section 9. The report shall be submitted in unclassi3 fied form to the greatest extent consistent with the 

4 protection of law enforcement-sensitive information 

5 and classified information and the administration of 

6 applicable law. The report may contain a classified 

7 annex, if necessary. 

8 SEC. 12. NONDISCRIMINATION IN PROGRAMS AND ACTIVI9 TIES. 

10 (a) IN GENERAL.—No person in the United States 

11 shall on the ground of race, color, national origin, religion, 

12 or sex be excluded from participation in, be denied the 

13 benefits of, or be subjected to discrimination under any 

14 program or activity funded in whole or in part with funds 

15 made available under this Act. 

16 (b) AGE OR HANDICAP.—Any prohibition against dis17 crimination on the basis of age under the Age Discrimina18 tion Act of 1975 (42 U.S.C. 6101 et seq.) or with respect 

19 to an otherwise qualified handicapped individual as pro20 vided in section 504 of the Rehabilitation Act of 1973 (29 

21 U.S.C. 794) shall also apply to any such program or activ22 ity. 
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1 SEC. 13. REMEDIES FOR NONCOMPLIANCE WITH REQUIRE2 MENTS. 

3 If the Secretary finds, after reasonable notice and op4 portunity for a hearing, that a recipient of assistance 

5 under this Act has failed to comply substantially with any 

6 provision of this Act, the Secretary shall— 

7 (1) terminate payments to the recipient under 

8 this Act; 

9 (2) reduce payments to the recipient under this 

10 Act by an amount equal to the amount of such pay11 ments which were not expended in accordance with 

12 this Act; or 

13 (3) limit the availability of payments under this 

14 Act to programs, projects, or activities not affected 

15 by such failure to comply. 

16 SEC. 14. REPORTING REQUIREMENTS. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 end of each fiscal year in which assistance is awarded 

19 under this Act, the Secretary shall submit to Congress a 

20 report containing— 

21 (1) a description of the progress made in ac22 complishing the objectives under this Act; 

23 (2) a summary of the use of such funds during 

24 the preceding fiscal year; and 

25 (3) a description of the activities carried out 

26 under section 7. 
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1 (b) REPORTS TO SECRETARY.—The Secretary may 

2 require recipients of assistance under this Act to submit 

3 such reports and other information as may be necessary 

4 in order for the Secretary to comply with subsection (a). 

5 SEC. 15. CONSULTATION BY ATTORNEY GENERAL. 

6 In carrying out the provisions of this Act including 

7 the issuance of regulations, the Secretary shall consult 

8 with the Attorney General and other Federal departments 

9 and agencies administering Federal grant-in-aid pro10 grams. 

11 SEC. 16. INTERSTATE AGREEMENTS OR COMPACTS; PUR12 POSES. 

13 The consent of Congress is hereby given to any 2 or 

14 more States to enter into agreements or compacts, not in 

15 conflict with any law of the United States— 

16 (1) for cooperative effort and mutual assistance 

17 in support of homeland security planning and pro18 grams carried out under this Act as they pertain to 

19 interstate areas and to localities within such States; 

20 and 

21 (2) to establish such agencies, joint or other22 wise, that the States consider desirable for making 

23 such agreements and compacts effective. 
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1 SEC. 17. MATCHING REQUIREMENTS; SUSPENSION OF RE2 QUIREMENTS FOR ECONOMICALLY DIS3 TRESSED AREAS. 

4 (a) MATCHING REQUIREMENT.—Grant recipients 

5 shall contribute, from funds other than those received 

6 under this Act, an amount equal to 10 percent of the total 

7 funds received under this Act, which shall be used in ac8 cordance with the grantee’s statement of homeland secu9 rity objectives. 

10 (b) WAIVER FOR ECONOMIC DISTRESS.—The Sec11 retary shall waive the matching requirement under sub12 section (a) for grant recipients that the Secretary deter13 mines to be economically distressed. 

Æ