II 

108TH CONGRESS 

2D SESSION S. 2021

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 

JANUARY 22, 2004

Mrs. CLINTON (for herself, Ms. MIKULSKI, Mrs. BOXER, Ms. STABENOW, Mr. 

SCHUMER, Mr. SARBANES, Mr. LAUTENBERG, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on 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 2004’’. 

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. 
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Sec. 7. Allocation and distribution of funds. 

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

Sec. 9. High-threat, high-density urban areas. 

Sec. 10. Flexible emergency assistance fund. 

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

Sec. 12. Nondiscrimination in programs and activities. 

Sec. 13. Remedies for noncompliance with requirements. 

Sec. 14. Reporting requirements. 

Sec. 15. Consultation by Attorney General. 

Sec. 16. Interstate agreements or compacts; purposes. 

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

distressed areas.

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. 
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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 2004 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) $4,000,000,000 for each of the fiscal 

16 years 2005 through 2008; and 

17 (B) such sums as may be necessary for fis18 cal year 2009 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 2005 through 2008; and 
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1 (B) such sums as may be necessary for fis2 cal year 2009 and each fiscal year thereafter. 

3 (3) HIGH-THREAT, HIGH-DENSITY URBAN

4 AREAS.—There are authorized to be appropriated to 

5 carry out section 9—

6 (A) $1,500,000,000 for each of the fiscal 

7 years 2005 through 2008; and 

8 (B) such sums as may be necessary for fis9 cal year 2009 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 2005 through 2008; and 

15 (B) such sums as may be necessary for fis16 cal year 2009 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.); and 

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). 

16 SEC. 5. STATEMENT OF ACTIVITIES AND REVIEW. 

17 (a) APPLICATION.—

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

19 urban county, or unit of general local government 

20 desiring a grant under subsection (b) or (i) of sec21 tion 7 shall submit an application to the Secretary 

22 that contains—

23 (A) a statement of homeland security ob24 jectives and projected use of grant funds; and 
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1 (B) the certifications required under para2 graph (2) and, if appropriate, subsection (b). 

3 (2) GRANTEE STATEMENT.—

4 (A) CONTENTS.—

5 (i) LOCAL GOVERNMENT.—In the case 

6 of metropolitan cities or urban counties re7 ceiving grants under section 7(b) and units 

8 of general local government receiving 

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

10 of projected use of funds shall consist of 

11 proposed homeland security activities. 

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

13 receiving grants under section 7, the state14 ment of projected use of funds shall consist 

15 of the method by which the States will dis16 tribute funds to units of general local gov17 ernment. 

18 (B) CONSULTATION.—In preparing the 

19 statement required under this subsection, the 

20 grantee shall consult with appropriate law en21 forcement agencies and emergency response au22 thorities. 

23 (C) FINAL STATEMENT.—A copy of the 

24 final statement and the certifications required 

25 under paragraph (3) and, where appropriate, 
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1 subsection (b), shall be furnished to the Sec2 retary and the Attorney General.

3 (D) MODIFICATIONS.—Any final statement 

4 of activities may be modified or amended from 

5 time to time by the grantee in accordance with 

6 the same procedures required under this para7 graph for the preparation and submission of 

8 such statement. 

9 (3) CERTIFICATION OF ENUMERATED CRITERIA

10 BY GRANTEE TO SECRETARY.—A grant under sec11 tion 7 shall not be awarded unless the grantee cer12 tifies to the satisfaction of the Secretary that the 

13 grantee—

14 (A) has developed a homeland security 

15 plan that identifies both short- and long-term 

16 homeland security needs that have been devel17 oped in accordance with the primary objective 

18 and requirements of this Act; and 

19 (B) will comply with the other provisions 

20 of this Act and with other applicable laws. 

21 (b) SUBMISSION OF ANNUAL PERFORMANCE RE22 PORTS, AUDITS, AND ADJUSTMENTS.—

23 (1) IN GENERAL.—Each grantee shall submit to 

24 the Secretary, at a time determined by the Sec25 retary, a performance and evaluation report con-
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1 cerning the use of funds made available under sec2 tion 7, together with an assessment by the grantee 

3 of the relationship of such use to the objectives iden4 tified in the grantee’s statement under subsection 

5 (a)(2). 

6 (2) UNIFORM REPORTING REQUIREMENTS.—

7 (A) RECOMMENDATIONS BY NATIONAL AS8 SOCIATIONS.—The Secretary shall encourage 

9 and assist national associations of grantees eli10 gible under section 7, national associations of 

11 States, and national associations of units of 

12 general local government in nonqualifying areas 

13 to develop and recommend to the Secretary, not 

14 later than 1 year after the date of enactment of 

15 this Act, uniform recordkeeping, performance 

16 reporting, evaluation reporting, and auditing re17 quirements for such grantees, States, and units 

18 of general local government, respectively. 

19 (B) ESTABLISHMENT OF UNIFORM RE20 PORTING REQUIREMENTS.—Based on the Sec21 retary’s approval of the recommendations sub22 mitted pursuant to subparagraph (A), the Sec23 retary shall establish uniform reporting require24 ments for grantees, States, and units of general 

25 local government. 
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1 (3) REVIEWS AND AUDITS.—Not less than an2 nually, the Secretary shall make such reviews and 

3 audits as may be necessary or appropriate to deter4 mine—

5 (A) in the case of grants awarded under 

6 section 7(b), whether the grantee—

7 (i) has carried out its activities; 

8 (ii) where applicable, has carried out 

9 its activities and its certifications in ac10 cordance with the requirements and the 

11 primary objectives of this Act and with 

12 other applicable laws; and 

13 (iii) has a continuing capacity to carry 

14 out those activities in a timely manner; 

15 and 

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

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

18 (i) has distributed funds to units of 

19 general local government in a timely man20 ner and in conformance to the method of 

21 distribution described in its statement; 

22 (ii) has carried out its certifications in 

23 compliance with the requirements of this 

24 Act and other applicable laws; and
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1 (iii) has made such reviews and audits 

2 of the units of general local government as 

3 may be necessary or appropriate to deter4 mine whether they have satisfied the appli5 cable performance criteria described in 

6 subparagraph (A). 

7 (4) ADJUSTMENTS.—The Secretary may make 

8 appropriate adjustments in the amount of the an9 nual grants in accordance with the Secretary’s find10 ings under this subsection. With respect to assist11 ance made available to units of general local govern12 ment under section 7(i)(3), the Secretary may ad13 just, reduce, or withdraw such assistance, or take 

14 other action as appropriate in accordance with the 

15 Secretary’s reviews and audits under this subsection, 

16 except that funds already expended on eligible activi17 ties under this Act shall not be recaptured or de18 ducted from future assistance to such units of gen19 eral local government. 

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

21 under this Act, the financial transactions of recipients of 

22 such funds may be audited by the General Accounting Of23 fice under such rules and regulations as may be prescribed 

24 by the Comptroller General of the United States. The rep25 resentatives of the General Accounting Office shall have 
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1 access to all books, accounts, records, reports, files, and 

2 other papers, things, or property belonging to or in use 

3 by such recipients pertaining to such financial trans4 actions and necessary to facilitate the audit. 

5 (d) METROPOLITAN CITY AS PART OF URBAN COUN6 TY.—In any case in which a metropolitan city is located, 

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

8 may, upon the joint request of such city and county, ap9 prove the inclusion of the metropolitan city as part of the 

10 urban county for purposes of submitting a statement 

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

12 Act. 

13 SEC. 6. ACTIVITIES ELIGIBLE FOR ASSISTANCE. 

14 Activities assisted under this Act may include—

15 (1) funding additional law enforcement, fire, 

16 and emergency resources, including covering over17 time expenses; 

18 (2) purchasing and refurbishing personal pro19 tective equipment for fire, police, and emergency 

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

21 improve communication and streamline efforts; 

22 (3) improving cyber and infrastructure security 

23 by improving—

24 (A) security for water treatment plants, 

25 distribution systems, other water infrastructure, 
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1 nuclear power plants, electrical grids, and other 

2 energy infrastructure; 

3 (B) security for tunnels, bridges, locks, ca4 nals, railway systems, airports, land and water 

5 ports, and other transportation infrastructure; 

6 (C) security for oil and gas pipelines and 

7 storage facilities; 

8 (D) security for chemical plants and trans9 portation of hazardous substances; 

10 (E) security for agriculture infrastructure; 

11 and 

12 (F) security for national icons and Federal 

13 facilities that may be terrorist targets; 

14 (4) assisting local emergency planning commit15 tees so that local public agencies can design, review, 

16 and improve disaster response systems; 

17 (5) assisting communities in coordinating their 

18 efforts and sharing information with all relevant 

19 agencies involved in responding to terrorist attacks; 

20 (6) establishing timely notification systems that 

21 enable communities to communicate with each other 

22 when a threat emerges; 

23 (7) improving communication systems to pro24 vide information to the public in a timely manner 
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1 about the facts of any threat and the precautions 

2 the public should take; and 

3 (8) devising a homeland security plan, including 

4 determining long-term goals and short-term objec5 tives, evaluating the progress of the plan, and car6 rying out the management, coordination, and moni7 toring of activities necessary for effective planning 

8 implementation.

9 SEC. 7. ALLOCATION AND DISTRIBUTION OF FUNDS. 

10 (a) SET-ASIDE FOR INDIAN TRIBES.—

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

12 1 percent of the amount appropriated for each fiscal 

13 year for grants pursuant to section 4(b)(1) (exclud14 ing the amounts for activities described in section 6) 

15 for grants to Indian tribes. 

16 (2) SELECTION OF INDIAN TRIBES.—

17 (A) IN GENERAL.—The Secretary shall 

18 distribute amounts under this paragraph to In19 dian tribes on the basis of a competition con20 ducted pursuant to specific criteria for the se21 lection of Indian tribes to receive such amounts. 

22 (B) RULEMAKING.—The Secretary, after 

23 notice and public comment, shall promulgate 

24 regulations, which establish the criteria de25 scribed in subparagraph (A).
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1 (b) ALLOCATION TO METROPOLITAN CITIES AND

2 URBAN COUNTIES.—

3 (1) ALLOCATION PERCENTAGE.—Of the amount 

4 remaining after allocations have been made to In5 dian tribes under subsection (a), the Secretary shall, 

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

7 funds are appropriated, allocate and directly transfer 

8 70 percent to metropolitan cities and urban counties. 

9 (2) ENTITLEMENT.—Except as otherwise spe10 cifically authorized, each metropolitan city and 

11 urban county shall be entitled to an annual grant, 

12 to the extent authorized beyond fiscal year 2008, 

13 from such allocation in an amount not to exceed its 

14 basic amount computed pursuant to subsections (c) 

15 and (d). 

16 (c) COMPUTATION OF AMOUNT ALLOCATED TO MET17 ROPOLITAN CITIES.—

18 (1) VULNERABILITY AND THREAT FACTORS.—

19 The Secretary shall calculate the amount to be allo20 cated to each metropolitan city, which shall bear the 

21 same ratio to the allocation for all metropolitan cit22 ies as the weighted average of—

23 (A) the population (including tourist, mili24 tary, and commuting populations) of the metro-
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1 politan city divided by the population of all met2 ropolitan cities; 

3 (B) the population density of the metro4 politan city; 

5 (C) the proximity of the metropolitan city 

6 to international borders; 

7 (D) the vulnerability of the metropolitan 

8 city as it pertains to chemical security; 

9 (E) the vulnerability of the metropolitan 

10 city as it pertains to nuclear security; 

11 (F) the vulnerability of the metropolitan 

12 city as it pertains to land and water port secu13 rity; 

14 (G) the vulnerability of the metropolitan 

15 city as it pertains to the security of energy in16 frastructure; 

17 (H) the vulnerability of the metropolitan 

18 city as it pertains to the security of inland wa19 terway infrastructure; 

20 (I) the vulnerability of the metropolitan 

21 city as it pertains to the security of freight and 

22 passenger rail transportation infrastructure; 

23 (J) the vulnerability of the metropolitan 

24 city as it pertains to the security of aviation in25 frastructure; 
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1 (K) the vulnerability of the metropolitan 

2 city as it pertains to the security of agriculture 

3 infrastructure; 

4 (L) the proximity of the metropolitan city 

5 to the nearest national icons and Federal facili6 ties that may be a terrorist target, as deter7 mined by the Department of Homeland Secu8 rity, and the proximity of all metropolitan cities 

9 to the nearest national icons and Federal build10 ings that may be a terrorist target, as deter11 mined by the Department of Homeland Secu12 rity; and 

13 (M) the threat to the metropolitan city 

14 based upon intelligence information from the 

15 Department of Homeland Security; 

16 (2) CLARIFICATION OF COMPUTATION RA17 TIOS.—

18 (A) RELATIVE WEIGHT OF FACTORS.—In 

19 determining the weighted average of the ratios 

20 under paragraph (1)—

21 (i) the factor involving population 

22 shall constitute 38 percent; 

23 (ii) the factor involving population 

24 density shall constitute 12 percent; and 
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1 (iii) the remaining factors shall be 

2 equally weighted. 

3 (B) POPULATION DENSITY.—The metro4 politan cities shall be ranked according to the 

5 density of their populations in calculating the 

6 weighted average of this factor. The population 

7 density ratio shall be 1 divided by the total 

8 number of metropolitan cities, not to exceed 

9 100. 

10 (C) PROXIMITY TO INTERNATIONAL BOR11 DERS.—If a metropolitan city is located within 

12 50 miles of an international border, the ratio 

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

14 the total number of metropolitan cities, not to 

15 exceed 100, which are located within 50 miles 

16 of an international border. 

17 (D) VULNERABILITY AS IT PERTAINS TO

18 CHEMICAL SECURITY.—If a metropolitan city is 

19 within the vulnerable zone of a worst-case 

20 chemical release (as specified in the most recent 

21 risk management plans filed with the Environ22 mental Protection Agency or another instru23 ment development by the Environmental Pro24 tection Agency or the Department of Homeland 

25 Security that captures the same information for 
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1 the same facilities), the ratio under paragraph 

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

3 of metropolitan cities that are within such a 

4 zone, not to exceed 100. 

5 (E) VULNERABILITY AS IT PERTAINS TO

6 NUCLEAR SECURITY.—If a metropolitan city is 

7 located within 50 miles of an operating nuclear 

8 powerplant, as identified by the Nuclear Regu9 latory Commission, the ratio under paragraph 

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

11 of metropolitan cities, not to exceed 100, which 

12 are located within 50 miles of an operating nu13 clear powerplant. 

14 (F) VULNERABILITY AS IT PERTAINS TO

15 PORT SECURITY.—If a metropolitan city is lo16 cated within 50 miles of—

17 (i) one of the 75 largest United States 

18 ports, as stated by the Department of 

19 Transportation, Bureau of Transportation 

20 Statistics, United States Ports Report by 

21 All Land Modes; or 

22 (ii) one of the 25 largest United 

23 States water ports by metric tons and 

24 value, as stated by the Department of 

25 Transportation, Maritime Administration,
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1 United States Foreign Waterborne Trans2 portation Statistics, 

3 the ratio under paragraph (1)(F) shall be 1 di4 vided by the total number of metropolitan cities 

5 that are located within 50 miles of a United 

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

7 (G) VULNERABILITY AS IT PERTAINS TO

8 ENERGY INFRASTRUCTURE SECURITY.—If a 

9 metropolitan city is among the 100 metropoli10 tan cities that are closest to, or within 50 miles 

11 of, non-nuclear power generating plants, com12 pressors, and other significant components of 

13 critical energy infrastructure as identified by 

14 the Department of Energy or the Department 

15 of Homeland Security, the ratio under para16 graph (1)(G) shall be 1 divided by the total 

17 number of metropolitan cities that are located 

18 within 50 miles of critical energy infrastructure, 

19 not to exceed 100. 

20 (H) VULNERABILITY AS IT PERTAINS TO

21 INLAND WATERWAY INFRASTRUCTURE SECU22 RITY.—If a metropolitan city is among the 100 

23 metropolitan cities that are closest to, or within 

24 50 miles of, the most significant locks, canals, 

25 and other components of critical inland water-
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1 way system infrastructure as identified by the 

2 Department of Transportation, the ratio under 

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

4 number of metropolitan cities that are located 

5 within 50 miles of critical inland water infra6 structure, not to exceed 100. 

7 (I) VULNERABILITY AS IT PERTAINS TO

8 RAIL TRANSPORTATION INFRASTRUCTURE SE9 CURITY.—If a metropolitan city is among the 

10 100 metropolitan cities that are closest to, or 

11 within 50 miles of, the largest railroad hubs 

12 and other significant components of critical 

13 freight and passenger rail infrastructure, as 

14 identified by the Department of Transportation, 

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

17 that are located within 50 miles of critical in18 land water infrastructure, not to exceed 100. 

19 (J) VULNERABILITY AS IT PERTAINS TO

20 AVIATION INFRASTRUCTURE SECURITY.—If a 

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

23 of, major passenger or cargo airports that are 

24 significant components of the Nation’s air 

25 transportation infrastructure as identified by 
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1 the Department of Transportation, the ratio 

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

3 the total number of metropolitan cities that are 

4 located within 50 miles of critical aviation 

5 transportation infrastructure, not to exceed 

6 100. 

7 (K) VULNERABILITY AS IT PERTAINS TO

8 AGRICULTURE INFRASTRUCTURE SECURITY.—If 

9 a metropolitan city is among the 100 metropoli10 tan cities that are closest to, or within 50 miles 

11 of, major feed yards, food processing facilities, 

12 and other significant components of the na13 tion’s agriculture infrastructure, as defined and 

14 determined by the Department of Agriculture 

15 and the Department of Homeland Security, the 

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

17 by the total number of metropolitan cities that 

18 are located within 50 miles of critical agri19 culture infrastructure, not to exceed 100. 

20 (L) PROXIMITY TO NATIONAL ICONS AND

21 FEDERAL BUILDINGS.—If a metropolitan city is 

22 among the 100 metropolitan cities that are clos23 est to, or within 50 miles of, national icons and 

24 Federal buildings that the Department of 

25 Homeland Security determines are most vulner-
28

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1 able with respect to a terrorist attack, the ratio 

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

3 the total number of metropolitan cities that are 

4 located within 50 miles of such icons or Federal 

5 buildings, not to exceed 100. 

6 (M) INTELLIGENCE.—If a metropolitan 

7 city is among the 100 metropolitan cities that 

8 have been identified by the Department of 

9 Homeland Security as being special alert or 

10 heightened alert status for the longest periods 

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

12 be 1 divided by the total number of metropoli13 tan cities that have been identified by the De14 partment of Homeland Security, not to exceed 

15 100. 

16 (d) COMPUTATION OF AMOUNT ALLOCATED TO

17 URBAN COUNTIES.—

18 (1) VULNERABILITY AND THREAT FACTORS.—

19 The Secretary shall determine the amount to be allo20 cated to each urban county, which shall bear the 

21 same ratio to the allocation for all urban counties as 

22 the weighted average of—

23 (A) the population (including tourist, mili24 tary, and commuting populations) of the urban 
29

•S 2021 IS 

1 county divided by the population of all urban 

2 counties; 

3 (B) the population density of the urban 

4 county; 

5 (C) the proximity of the urban county to 

6 international borders; 

7 (D) the vulnerability of the urban county 

8 as it pertains to chemical security; 

9 (E) the vulnerability of the urban county 

10 as it pertains to nuclear security; 

11 (F) the vulnerability of the urban county 

12 as it pertains land and water port security; 

13 (G) the vulnerability of the urban county 

14 as it pertains to the security of energy infra15 structure; 

16 (H) the vulnerability of the urban county 

17 as it pertains to the security of inland waterway 

18 infrastructure; 

19 (I) the vulnerability of the urban county as 

20 it pertains to the security of freight and pas21 senger rail transportation infrastructure; 

22 (J) the vulnerability of the urban county 

23 as it pertains to the security of aviation infra24 structure;
30

•S 2021 IS 

1 (K) the vulnerability of the urban county 

2 as it pertains to the security of agriculture in3 frastructure; 

4 (L) the proximity of the urban county to 

5 the nearest national icons and Federal facilities 

6 that may be a terrorist target, as determined by 

7 the Department of Homeland Security, and the 

8 proximity of all urban counties to the nearest 

9 national icons and Federal buildings that may 

10 be a terrorist target, as determined by the De11 partment of Homeland Security; and 

12 (M) the threat to the urban county based 

13 upon intelligence information from the Depart14 ment of Homeland Security; 

15 (2) CLARIFICATION OF COMPUTATION RA16 TIOS.—

17 (A) RELATIVE WEIGHT OF FACTORS.—In 

18 determining the weighted average of the ratios 

19 under paragraph (1)—

20 (i) the factor involving population 

21 shall constitute 38 percent; 

22 (ii) the factor involving population 

23 density shall constitute 12 percent; and 

24 (iii) the remaining factors shall be 

25 equally weighted. 
31

•S 2021 IS 

1 (B) POPULATION DENSITY.—The popu2 lation density ratio shall be 1 divided by the 

3 total number of urban counties, not to exceed 

4 100. The urban counties shall be ranked ac5 cording to the density of their populations in 

6 calculating the weighted average of this factor. 

7 (C) PROXIMITY TO INTERNATIONAL BOR8 DERS.—If an urban county is located within 50 

9 miles of an international border, the ratio under 

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

11 number of urban counties, not to exceed 100, 

12 which are located within 50 miles of an inter13 national border. 

14 (D) VULNERABILITY AS IT PERTAINS TO

15 CHEMICAL SECURITY.—If an urban county is 

16 within the vulnerable zone of a worst-case 

17 chemical release (as specified in the most recent 

18 risk management plans filed with the Environ19 mental Protection Agency or another instru20 ment development by the Environmental Pro21 tection Agency or the Department of Homeland 

22 Security that captures the same information for 

23 the same facilities), the ratio under paragraph 

24 (1)(D) shall be 1 divided by the total number 
32

•S 2021 IS 

1 of urban counties that are within such a zone, 

2 not to exceed 100. 

3 (E) VULNERABILITY AS IT PERTAINS TO

4 NUCLEAR SECURITY.—If an urban county is lo5 cated within 50 miles of an operating nuclear 

6 power plant, as identified by the Nuclear Regu7 latory Commission, the ratio under paragraph 

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

9 of urban counties, not to exceed 100, which are 

10 located within 50 miles of an operating nuclear 

11 power plant. 

12 (F) VULNERABILITY AS IT PERTAINS TO

13 PORT SECURITY.—If an urban county is located 

14 within 50 miles of—

15 (i) one of the 75 largest United States 

16 ports, as stated by the Department of 

17 Transportation, Bureau of Transportation 

18 Statistics, United States Ports Report by 

19 All Land Modes; or 

20 (ii) one of the 25 largest United 

21 States water ports by metric tons and 

22 value, as stated by the Department of 

23 Transportation, Maritime Administration, 

24 United States Foreign Waterborne Trans25 portation Statistics, 
33

•S 2021 IS 

1 the ratio under paragraph (1)(F) shall be 1 di2 vided by the total number of urban counties 

3 that are located within 50 miles of a United 

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

5 (G) VULNERABILITY AS IT PERTAINS TO

6 ENERGY INFRASTRUCTURE SECURITY.—If an 

7 urban county is among the 100 urban counties 

8 that are closest to, or within 50 miles of, non9 nuclear power generating plants, compressors, 

10 and other significant components of critical en11 ergy infrastructure as identified by the Depart12 ment of Energy or the Department of Home13 land Security, the ratio under paragraph (1)(G) 

14 shall be 1 divided by the total number of urban 

15 counties that are located within 50 miles of 

16 critical energy infrastructure, not to exceed 

17 100. 

18 (H) VULNERABILITY AS IT PERTAINS TO

19 INLAND WATERWAY INFRASTRUCTURE SECU20 RITY.—If an urban county is among the 100 

21 urban counties that are closest to, or within 50 

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

23 other components of critical inland waterway 

24 system infrastructure as identified by the De25 partment of Transportation, the ratio under 
34

•S 2021 IS 

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

2 number of urban counties that are located with3 in 50 miles of critical inland water infrastruc4 ture, not to exceed 100. 

5 (I) VULNERABILITY AS IT PERTAINS TO

6 RAIL TRANSPORTATION INFRASTRUCTURE SE7 CURITY.—If an urban county is among the 100 

8 urban counties that are closest to, or within 50 

9 miles of, the largest railroad hubs and other 

10 significant components of critical freight and 

11 passenger rail infrastructure, as identified by 

12 the Department of Transportation, the ratio 

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

14 the total number of urban counties that are lo15 cated within 50 miles of critical inland water in16 frastructure, not to exceed 100. 

17 (J) VULNERABILITY AS IT PERTAINS TO

18 AVIATION INFRASTRUCTURE SECURITY.—If an 

19 urban county is among the 100 urban counties 

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

21 passenger or cargo airports that are significant 

22 components of the Nation’s air transportation 

23 infrastructure as identified by the Department 

24 of Transportation, the ratio under paragraph 

25 (1)(J) shall be 1 divided by the total number of
35

•S 2021 IS 

1 urban counties that are located within 50 miles 

2 of critical aviation transportation infrastruc3 ture, not to exceed 100. 

4 (K) VULNERABILITY AS IT PERTAINS TO

5 AGRICULTURE INFRASTRUCTURE SECURITY.—If 

6 urban county is among the 100 urban counties 

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

8 feed yards, food processing facilities, and other 

9 significant components of the Nation’s agri10 culture infrastructure, as defined and deter11 mined by the Department of Agriculture and 

12 the Department of Homeland Security, the 

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

14 by the total number of urban counties that are 

15 located within 50 miles of critical agriculture 

16 infrastructure, not to exceed 100. 

17 (L) PROXIMITY TO NATIONAL ICONS AND

18 FEDERAL BUILDINGS.—If an urban county is 

19 among the 100 urban counties that are closest 

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

21 Federal buildings that the Department of 

22 Homeland Security determines are most vulner23 able with respect to a terrorist attack, the ratio 

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

25 the total number of urban counties that are lo-
36

•S 2021 IS 

1 cated within 50 miles of such icons or Federal 

2 buildings, not to exceed 100. 

3 (M) INTELLIGENCE.—If an urban county 

4 is among the 100 urban counties that have been 

5 identified by the Department of Homeland Se6 curity as being special alert or heightened alert 

7 status for the longest periods of time, the ratio 

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

9 the total number of urban counties that have 

10 been identified by the Department of Homeland 

11 Security, not to exceed 100. 

12 (e) EXCLUSIONS.—

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

14 exclusions under subsection (d) with respect to any 

15 urban county, units of general local government lo16 cated in the county that are not included in the pop17 ulation of the county in determining the eligibility of 

18 the county to receive a grant under this subsection 

19 shall be excluded, except that any independent city 

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

21 included if it—

22 (A) is not part of any county; 

23 (B) is not eligible for a grant; 

24 (C) is contiguous to the urban county; 
37

•S 2021 IS 

1 (D) has entered into cooperation agree2 ments with the urban county which provide that 

3 the urban county is to undertake or to assist in 

4 the undertaking of essential community devel5 opment and housing assistance activities with 

6 respect to such independent city; and 

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

8 unit of general local government for purposes of 

9 this section. 

10 (2) INDEPENDENT CITIES.—Any independent 

11 city that is included in any fiscal year for purposes 

12 of computing amounts pursuant to the preceding 

13 sentence shall not be eligible to receive assistance 

14 under subsection (i) for that fiscal year. 

15 (f) INCLUSIONS.—

16 (1) LOCAL GOVERNMENT STRADDLING COUNTY

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

18 with respect to any urban county, there shall be in19 cluded all of the area of any unit of local govern20 ment which is part of, but is not located entirely 

21 within the boundaries of, such urban county if—

22 (A) the part of such unit of local govern23 ment that is within the boundaries of such 

24 urban county would otherwise be included in 
38

•S 2021 IS 

1 computing the amount for such urban county 

2 under this section; and 

3 (B) the part of such unit of local govern4 ment that is not within the boundaries of such 

5 urban county is not included as a part of any 

6 other unit of local government for the purpose 

7 of this section. 

8 (2) USE OF GRANT FUNDS OUTSIDE URBAN

9 COUNTY.—Any amount received under this section 

10 by an urban county described under paragraph (1) 

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

12 of local government that is outside the boundaries of 

13 such urban county. 

14 (g) POPULATION.—

15 (1) EFFECT OF CONSOLIDATION.—Where data 

16 are available, the amount to be allocated to a metro17 politan city that has been formed by the consolida18 tion of 1 or more metropolitan cities within an 

19 urban county shall be equal to the sum of the 

20 amounts that would have been allocated to the urban 

21 county or cities and the balance of the consolidated 

22 government, if such consolidation had not occurred. 

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

24 only to a consolidation that—
39

•S 2021 IS 

1 (A) included all metropolitan cities that re2 ceived grants under this section for the fiscal 

3 year preceding such consolidation and that were 

4 located within the urban county; 

5 (B) included the entire urban county that 

6 received a grant under this section for the fiscal 

7 year preceding such consolidation; and 

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

9 2004. 

10 (3) GROWTH RATE.—The population growth 

11 rate of all metropolitan cities defined in section 

12 3(a)(6) shall be based on the population of—

13 (A) metropolitan cities other than consoli14 dated governments the grant for which is deter15 mined under this paragraph; and 

16 (B) cities that were metropolitan cities be17 fore their incorporation into consolidated gov18 ernments. 

19 (4) ENTITLEMENT SHARE.—For purposes of 

20 calculating the entitlement share for the balance of 

21 the consolidated government under this subsection, 

22 the entire balance shall be considered to have been 

23 an urban county. 

24 (h) REALLOCATION.—
40

•S 2021 IS 

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

2 paragraph (2), any amounts allocated to a metro3 politan city or an urban county under this section 

4 that are not received by the city or county for a fis5 cal year because of failure to meet the requirements 

6 of subsection (a) or (b) of section 5, or that other7 wise became available, shall be reallocated in the 

8 succeeding fiscal year to the other metropolitan cit9 ies and urban counties in the same metropolitan 

10 area that certify to the satisfaction of the Secretary 

11 that they would be adversely affected by the loss of 

12 such amounts from the metropolitan area. 

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

14 reallocated under this subsection for any metropoli15 tan city or urban county shall bear the same ratio 

16 to the total of such reallocated funds in the metro17 politan area as the amount of funds awarded to the 

18 city or county for the fiscal year in which the reallo19 cated funds become available bears to the total 

20 amount of funds awarded to all metropolitan cities 

21 and urban counties in the same metropolitan area 

22 for that fiscal year. 

23 (3) TRANSFER.—Notwithstanding paragraphs 

24 (1) and (2), the Secretary may, upon request, trans25 fer to any metropolitan city the responsibility for the 
41

•S 2021 IS 

1 administration of any amounts received, but not ob2 ligated, by the urban county in which such city is lo3 cated if—

4 (A) such city was an included unit of gen5 eral local government in such county prior to 

6 the qualification of such city as a metropolitan 

7 city; 

8 (B) such amounts were designated and re9 ceived by such county for use in such city prior 

10 to the qualification of such city as a metropoli11 tan city; and 

12 (C) such city and county agree to such 

13 transfer of responsibility for the administration 

14 of such amounts. 

15 (i) ALLOCATION TO STATES ON BEHALF OF NON16 QUALIFYING COMMUNITIES.—

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

18 pursuant to section 4 that remains after allocations 

19 under subsections (a) and (b), the Secretary shall al20 locate 30 percent among the States for use in non21 qualifying communities. 

22 (2) ALLOCATION RATIO.—

23 (A) POPULATION-BASED.—The allocation 

24 for each State shall be based on the population 

25 of that State, relative to the populations of all 
42

•S 2021 IS 

1 States, excluding the population of qualifying 

2 communities. 

3 (B) PRO-RATA REDUCTION.—The Sec4 retary shall make a pro rata reduction of each 

5 amount allocated to the nonqualifying commu6 nities in each State under subparagraph (A) so 

7 that the nonqualifying communities in each 

8 State will receive the same percentage of the 

9 total amount available under this subsection as 

10 the percentage that such communities would 

11 have received if the total amount available had 

12 equaled the total amount allocated under sub13 paragraph (A). 

14 (3) DISTRIBUTION.—

15 (A) STATES.—A State shall distribute 

16 amounts it receives under this subsection to 

17 units of general local government located in 

18 nonqualifying areas of the State in such man19 ner and at such time as the Secretary shall pre20 scribe, consistent with the statement submitted 

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

22 after the date on which the State receives such 

23 amounts from the Federal Government. 
43

•S 2021 IS 

1 (B) CERTIFICATION.—Before a State may 

2 receive or distribute amounts allocated under 

3 this subsection, the State must certify that—

4 (i) with respect to units of general 

5 local government in nonqualifying areas, 

6 the State—

7 (I) provides, or will provide, tech8 nical assistance to units of general 

9 local government in connection with 

10 homeland security initiatives; 

11 (II) will not refuse to distribute 

12 such amounts to any unit of general 

13 local government on the basis of the 

14 particular eligible activity selected by 

15 such unit of general local government 

16 to meet its homeland security objec17 tives, except that this clause may not 

18 be considered to prevent a State from 

19 establishing priorities in distributing 

20 such amounts on the basis of the ac21 tivities selected; and 

22 (III) has consulted with local 

23 elected officials from among units of 

24 general local government located in 

25 nonqualifying areas of that State in 
44

•S 2021 IS 

1 determining the method of distribu2 tion of funds required by subpara3 graph (A); and 

4 (ii) each unit of general local govern5 ment to be distributed funds will be re6 quired to identify its homeland security ob7 jectives, and the activities to be undertaken 

8 to meet such objectives. 

9 (4) MINIMUM AMOUNT.—

10 (A) IN GENERAL.—Except as provided 

11 under subparagraph (B), each State shall be al12 located, for each fiscal year authorized under 

13 this Act and under this section, the greater 

14 of—

15 (i) 0.75 percent of the total amount 

16 appropriated in the fiscal year for grants 

17 to States under this section; or 

18 (ii) the amount the State would other19 wise be allocated under the formula set 

20 forth in this section. 

21 (B) EXCEPTION.—Notwithstanding sub22 paragraph (A), the United States Virgin Is23 lands, American Samoa, Guam, and the North24 ern Mariana Islands shall each be allocated 

25 0.25 percent of the total amount appropriated
45

•S 2021 IS 

1 in each fiscal year for grants to States under 

2 this section. 

3 (5) ADMINISTRATION.—

4 (A) IN GENERAL.—Each State shall be re5 sponsible for the administration of all funds re6 ceived and distributed under paragraph (1). Ex7 cept as provided under subparagraph (B), the 

8 State shall pay for all administrative expenses 

9 incurred by the State in carrying out its respon10 sibilities under this Act. 

11 (B) FEDERAL SHARE.—From the amounts 

12 received by each State for distribution in non13 qualifying areas, the State may deduct an 

14 amount to pay—

15 (i) the first $150,000 of its adminis16 trative expenses under this subsection; and 

17 (ii) 50 percent of any State adminis18 trative expenses under this subsection in 

19 excess of $150,000, which amount shall 

20 not exceed 2 percent of the amount re21 ceived by the State under paragraph (1). 

22 (C) DISTRIBUTION.—Any distribution by 

23 the Secretary under paragraph (1) shall be 

24 made in accordance with—

25 (i) determinations of the Secretary; 
46

•S 2021 IS 

1 (ii) statements submitted and the 

2 other requirements under section 5 (except 

3 for subsection (c)); 

4 (iii) regulations and procedures pre5 scribed by the Secretary. 

6 (D) REALLOCATION.—

7 (i) FAILURE TO COMPLY.—Any 

8 amounts allocated for use in a State under 

9 paragraph (1) that are not received by the 

10 State for any fiscal year because of failure 

11 to meet the requirements of subsection (a) 

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

13 amounts allocated to all States under para14 graph (1) for the succeeding fiscal year. 

15 (ii) CLOSEOUT.—Any amounts allo16 cated for use in a State under paragraph 

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

18 closeout of a grant made by the Secretary 

19 under this section in nonqualifying areas of 

20 the State shall be added to amounts allo21 cated to the State under paragraph (1) for 

22 the fiscal year in which such amounts be23 come available. 

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

25 general local governments may not be required to 
47

•S 2021 IS 

1 obtain recognition by the Secretary to be treated as 

2 a single unit of general local government for pur3 poses of this subsection. 

4 (7) DEDUCTION.—From the amounts received 

5 under paragraph (1) for distribution in nonquali6 fying areas, the State may use not more than 1 per7 cent to provide technical assistance to local govern8 ments. 

9 (8) APPLICABILITY.—Any activities conducted 

10 with amounts received by a unit of general local gov11 ernment under this subsection shall be subject to the 

12 applicable provisions of this Act and other Federal 

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

14 activities conducted with amounts received by a unit 

15 of general local government under subsection (a). 

16 (j) QUALIFICATIONS AND DETERMINATIONS.—The 

17 Secretary may prescribe such qualification or submission 

18 dates as the Secretary determines to be necessary to per19 mit the computations and determinations required by this 

20 section to be made in a timely manner, and all such com21 putations and determinations shall be final and conclusive. 

22 (k) PRO RATA REDUCTION AND INCREASE.—

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

24 for distribution in any fiscal year to metropolitan 

25 cities and urban counties under this section is insuf-
48

•S 2021 IS 

1 ficient to provide the amounts to which metropolitan 

2 cities and urban counties would be entitled under 

3 this section, and funds are not otherwise appro4 priated to meet the deficiency, the Secretary shall 

5 meet the deficiency through a pro rata reduction of 

6 all amounts determined under this section. 

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

8 for distribution in any fiscal year to metropolitan 

9 cities and urban counties under this section exceeds 

10 the amounts to which metropolitan cities and urban 

11 counties would be entitled under this section, the 

12 Secretary shall distribute the excess through a pro 

13 rata increase of all amounts determined under this 

14 section. 

15 SEC. 8. STATE AND REGIONAL PLANNING AND COMMU16 NICATION SYSTEMS. 

17 (a) ALLOCATIONS.—From the amounts appropriated 

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

19 $1,000,000,000 to States, regional cooperations, and units 

20 of general local government for—

21 (1) homeland defense planning within the 

22 States; 

23 (2) providing increased security through addi24 tional first responder personnel; 
49

•S 2021 IS 

1 (3) purchasing and refurbishing personal pro2 tective equipment for first responder personnel; 

3 (4) homeland defense planning within the re4 gions; 

5 (5) the development and maintenance of State6 wide training facilities and homeland security best7 practices clearinghouses; and 

8 (6) the development and maintenance of com9 munications systems that can be used between and 

10 among first responders, including law enforcement, 

11 fire, and emergency medical personnel. 

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

13 subsection (a)—

14 (1) $500,000,000 shall be used by the States 

15 for homeland defense planning and coordination 

16 within each State; 

17 (2) $50,000,000 shall be used by regional co18 operations and regional, multistate, or intrastate au19 thorities for homeland defense planning and coordi20 nation within each region; 

21 (3) $50,000,000 shall be used by the States to 

22 develop and maintain statewide training facilities 

23 and best-practices clearinghouses; and 

24 (4) $400,000,000 shall be used by the States 

25 and units of general local government to develop and
50

•S 2021 IS 

1 maintain communications systems that can be used 

2 between and among first responders at the State 

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

4 emergency personnel. 

5 (c) ALLOCATIONS TO STATES.—

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

7 under this section shall be allocated among the 

8 States based upon the population for each State rel9 ative to the populations of all States. 

10 (2) MINIMUM AMOUNT PROVISION.—The provi11 sion under section 7(i)(4) relating to a minimum 

12 amount shall apply to amounts allocated to States 

13 under this section. 

14 (3) LOCAL COMMUNICATIONS SYSTEMS.—

15 (A) IN GENERAL.—Not less than 50 per16 cent of the amounts allocated under subsection 

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

18 maintenance of local communications systems. 

19 (B) DISTRIBUTION OF FUNDS.—Each 

20 State shall distribute amounts reserved for local 

21 communications systems in that State under 

22 subparagraph (A) to units of general local gov23 ernment not later than 45 days after the State 

24 receives such amounts from the Federal Gov25 ernment. 
51

•S 2021 IS 

1 (d) ALLOCATIONS TO REGIONAL COOPERATIONS.—

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

3 to regional cooperations and regional, multistate, or intra4 state authorities, based upon the population of the areas 

5 covered by each regional cooperative. 

6 SEC. 9. HIGH-THREAT, HIGH-DENSITY URBAN AREAS. 

7 (a) ALLOCATIONS.—

8 (1) IN GENERAL.—From the amounts appro9 priated pursuant to section 4(b)(3), the Secretary 

10 shall allocate $1,500,000,000 for discretionary 

11 grants to high-threat, high-density urban areas, as 

12 determined by the Secretary, and for the protection 

13 of critical infrastructure. 

14 (2) DISTRIBUTION.—Grant funds awarded 

15 under this section shall be transferred directly to 

16 high-threat, high-density urban areas not later than 

17 60 days after the date on which funds are appro18 priated pursuant to section 4(b)(3). 

19 (b) SELECTION CRITERIA.—In selecting grantees 

20 under this section, the Secretary shall consider—

21 (1) credible threat; 

22 (2) vulnerability; 

23 (3) the presence of critical infrastructure, in24 cluding infrastructure described in section 7; 

25 (4) population; 
52

•S 2021 IS 

1 (5) population density; and 

2 (6) identified needs of public agencies. 

3 (c) HOMELAND SECURITY PLAN.—Each high-threat, 

4 high-density urban area awarded a grant under this sec5 tion shall submit a homeland security plan to the State 

6 in which it is located and to the Secretary that describes 

7 the intended use of grant funds received under this sec8 tion. 

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

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

11 7(i)(4) of this Act shall not apply to funds awarded under 

12 this section. 

13 SEC. 10. FLEXIBLE EMERGENCY ASSISTANCE FUND. 

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

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

16 to create a flexible emergency assistance fund, from which 

17 the Secretary shall provide funds directly to State and 

18 units of local government that incur extraordinary home19 land security costs. 

20 (b) RELEASE OF FUNDS.—The Secretary may release 

21 emergency assistance funds to a State or local community 

22 as the Secretary determines to be appropriate, including—

23 (1) when the Secretary determines that a State 

24 or local community may be the specific target of a 

25 terrorist threat; 
53

•S 2021 IS 

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

2 high profile trial related to homeland security or ter3 rorism; 

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

5 asked to assist in a Federal investigation concerning 

6 homeland security or terrorism; and 

7 (4) when an agency of the Federal Government 

8 has requested the State or local community to assist 

9 that agency in performing homeland security func10 tions. 

11 (c) REIMBURSEMENTS.—The Secretary may disburse 

12 flexible emergency assistance funds to reimburse States 

13 and units of general local government for increased per14 sonnel costs associated with the activation of first respond15 ers who serve in the Reserves or National Guard. 

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

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

18 7(i)(4) of this Act shall not apply to funds awarded under 

19 this section. 

20 SEC. 11. FEDERAL PREPAREDNESS, EQUIPMENT, AND 

21 TRAINING STANDARDS. 

22 (a) IN GENERAL.—The Department of Homeland Se23 curity shall develop national homeland security prepared24 ness, first responder training, and equipment standards,
54

•S 2021 IS 

1 and best practices to facilitate the most effective and effi2 cient use of funds authorized under this Act. 

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

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

5 the standards described in subsection (a) in consultation 

6 with first responders, States, local communities, non7 governmental homeland security experts, and such other 

8 persons and organizations as the Secretary determines to 

9 be appropriate. 

10 (c) REPORTS.—The Secretary shall submit a report 

11 to Congress on the progress made in developing the stand12 ards and best practices described in subsection (a)—

13 (1) not later than 90 days after the date of en14 actment of this Act; and 

15 (2) not later than 180 days after the date of 

16 enactment of this Act. 

17 SEC. 12. NONDISCRIMINATION IN PROGRAMS AND ACTIVI18 TIES. 

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

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

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

22 benefits of, or be subjected to discrimination under any 

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

24 made available under this Act. 
55

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1 (b) AGE OR HANDICAP.—Any prohibition against dis2 crimination on the basis of age under the Age Discrimina3 tion Act of 1975 (42 U.S.C. 6101 et seq.) or with respect 

4 to an otherwise qualified handicapped individual as pro5 vided in section 504 of the Rehabilitation Act of 1973 (29 

6 U.S.C. 794) shall also apply to any such program or activ7 ity. 

8 SEC. 13. REMEDIES FOR NONCOMPLIANCE WITH REQUIRE9 MENTS. 

10 If the Secretary finds, after reasonable notice and op11 portunity for a hearing, that a recipient of assistance 

12 under this Act has failed to comply substantially with any 

13 provision of this Act, the Secretary shall—

14 (1) terminate payments to the recipient under 

15 this Act; 

16 (2) reduce payments to the recipient under this 

17 Act by an amount equal to the amount of such pay18 ments which were not expended in accordance with 

19 this Act; or 

20 (3) limit the availability of payments under this 

21 Act to programs, projects, or activities not affected 

22 by such failure to comply. 

23 SEC. 14. REPORTING REQUIREMENTS. 

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

25 end of each fiscal year in which assistance is awarded 
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1 under this Act, the Secretary shall submit to Congress a 

2 report containing—

3 (1) a description of the progress made in ac4 complishing the objectives under this Act; 

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

6 the preceding fiscal year; and 

7 (3) a description of the activities carried out 

8 under section 7. 

9 (b) REPORTS TO SECRETARY.—The Secretary may 

10 require recipients of assistance under this Act to submit 

11 such reports and other information as may be necessary 

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

13 SEC. 15. CONSULTATION BY ATTORNEY GENERAL. 

14 In carrying out the provisions of this Act including 

15 the issuance of regulations, the Secretary shall consult 

16 with the Attorney General and other Federal departments 

17 and agencies administering Federal grant-in-aid pro18 grams. 

19 SEC. 16. INTERSTATE AGREEMENTS OR COMPACTS; PUR20 POSES. 

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

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

23 conflict with any law of the United States—

24 (1) for cooperative effort and mutual assistance 

25 in support of homeland security planning and pro-
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1 grams carried out under this Act as they pertain to 

2 interstate areas and to localities within such States; 

3 and 

4 (2) to establish such agencies, joint or other5 wise, that the States consider desirable for making 

6 such agreements and compacts effective. 

7 SEC. 17. MATCHING REQUIREMENTS; SUSPENSION OF RE8 QUIREMENTS FOR ECONOMICALLY DIS9 TRESSED AREAS. 

10 (a) MATCHING REQUIREMENT.—Grant recipients 

11 shall contribute, from funds other than those received 

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

13 funds received under this Act, which shall be used in ac14 cordance with the grantee’s statement of homeland secu15 rity objectives. 

16 (b) WAIVER FOR ECONOMIC DISTRESS.—The Sec17 retary shall waive the matching requirement under sub18 section (a) for grant recipients that the Secretary deter19 mines to be economically distressed.

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