ings (as defined in section 13 of the Public 
Buildings Act of 1959 (40 U.S.C. 612)), 
nuclear power plants, chemical plants, na-
tional landmarks, and ports. 
‘‘(e) PROVISION OF FUNDS TO LOCAL GOVERNMENTS 
AND LOCAL ENTITIES.—
‘‘(1) IN GENERAL.—For each fiscal year, not 
less than 75 percent of the assistance provided to 
each State (other than an emergency preparedness 
authority) under this section shall be provided by the 
State to local governments (including councils of 
governments) within the State. 
‘‘(2) ASSISTANCE
TRACKING
SYSTEMS.—The 
Secretary shall establish a system to track the as-
sistance provided by States to local governments 
under this subsection for the purpose of ensuring 
that the assistance is being used in accordance with 
this section. Under the tracking system, not later 
than 30 days after the date on which a State pro-
vides assistance to a local government under this 
subsection, the State shall submit to the Secretary 
a report on the provision and use of such assistance. 
‘‘(f) ADMINISTRATIVE EXPENSES.—
‘‘(1) DIRECTOR.—For each fiscal year, the Di-
rector may use to pay salaries and other administra-
tive expenses incurred in administering the program 
not more than the lesser of—
‘‘(A) 5 percent of the funds made available 
to carry out this section for the fiscal year; or 
‘‘(B)(i) $75,000,000 for fiscal year 2003; 
and 
‘‘(ii) $50,000,000 for each of fiscal years 
2004 through 2006. 
‘‘(2) RECIPIENTS
OF
ASSISTANCE.—For each 
fiscal year, not more than 5 percent of the funds re-
tained by a State after application of subsection (e) 
may be used to pay salaries and other administrative 
expenses incurred in administering the program. 
‘‘(g) DEADLINES
FOR DISTRIBUTION
OF ASSIST-
ANCE.—
‘‘(1) TO STATES.—Not later than 60 days after 
the date on which funds are appropriated to carry 
out this section for a fiscal year (other than fiscal 
year 2004), the Director shall distribute such funds 
to the States in accordance with subsection (d). 
‘‘(2) TO LOCAL GOVERNMENTS.—Not later than 
45 days after the date on which funds appropriated 
to carry out this section for a fiscal year (other than 
fiscal year 2004) are made available to a State
under this section, the State shall distribute such 
funds to local governments under subsection (e). 
‘‘(h) PREAPPLICATION PLAN.—Before the Director 
may provide assistance to a State under this section, the 
State must submit a plan that recognizes the security and 
emergency preparedness needs of metropolitan and rural 
areas under the jurisdiction of the State. 
‘‘(i) MAINTENANCE OF EXPENDITURES.—The Direc-
tor may provide assistance to a State under this section 
only if the State agrees to maintain, and to ensure that 
each local government that receives funds from the State 
in accordance with subsection (e) maintains, for the fiscal 
year for which the assistance is provided, the aggregate 
expenditures by the State or the local government, respec-
tively, for the uses described in subsection (c)(1) at a level 
that is at or above the average annual level of those ex-
penditures by the State or local government, respectively, 
for the 2 fiscal years preceding the fiscal year for which 
the assistance is provided. 
‘‘(j) REPORTS.—
‘‘(1) ANNUAL REPORT TO THE DIRECTOR.—As 
a condition of receipt of assistance under this section 
for a fiscal year, a State shall submit to the Direc-
tor, not later than the 60 days following the last day 
of the fiscal year, a report on the use of the assist-
ance in the fiscal year and the status of unspent 
funds. 
‘‘(2) EXERCISE AND REPORT TO CONGRESS.—
As a condition of receipt of assistance under this 
section, not later than 3 years after the date of en-
actment of this section, a State shall—
‘‘(A) conduct an exercise, or participate in 
a regional exercise, approved by the Director, to 
measure the progress of the State in enhancing 
the ability of State and local first responders to 
respond to incidents of terrorism, including in-
cidents involving weapons of mass destruction; 
and 
‘‘(B) submit a report on the results of the 
exercise to the appropriate committees of the 
Senate and the House of Representatives. 
‘‘(k) COORDINATION.—
‘‘(1) WITH FEDERAL AGENCIES.—The Director 
shall coordinate, as necessary, the provision of as-
sistance under this section with activities carried out 
by—
‘‘(A) the Administrator of the United 
States Fire Administration in connection with 
the implementation by the Administrator of the 
assistance to firefighters grant program estab-
lished under section 33 of the Federal Fire Pre-
vention and Control Act of 1974 (15 U.S.C. 
2229); 
‘‘(B) other appropriate Federal agencies, 
including the Office of Justice of the Depart-
ment of Justice providing assistance under the 
Community Oriented Policing Services Office 
(COPS) program, the Edward Byrne Memorial 
State and Local Law Enforcement Assistance 
(Byrne Formula Grant) program, and the Local 
Law Enforcement Block Grant (LLEBG) pro-
gram; and 
‘‘(C) other entities within the Department 
of Homeland Security, including the Office of 
Emergency Preparedness and Response and the 
Office of State and Local Government Coordi-
nation. 
‘‘(2) WITH INDIAN TRIBES.—In providing and 
using assistance under this section, the Director and 
the States shall coordinate, as appropriate, with—
‘‘(A) Indian tribes (as defined in section 4 
of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b)) and other 
tribal organizations; and
‘‘(B) Native villages (as defined in section 
3 of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1602)) and other Alaska Native or-
ganizations. 
‘‘(l) LIMITATION.—The amount of funds made avail-
able to carry out this section for a fiscal year should not 
affect the amount of funds made available to carry out 
the Community Oriented Policing Services Office (COPS) 
program, the Edward Byrne Memorial State and Local 
Law Enforcement Assistance (Byrne Formula Grant) pro-
gram, and Local Law Enforcement Block Grant 
(LLEBG) program, and the assistance to firefighters pro-
gram administered by the United States Fire Administra-
tion for such fiscal year. 
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$3,500,000,000 for each of fiscal years 2004, 2005, and 
2006.
Æ