I 
109TH CONGRESS 
1ST SESSION H. R. 3524
To authorize the Secretary of Homeland Security to make grants to encourage 
community safety by incorporating disaster mitigation and emergency 
preparedness into comprehensive land use planning and urban develop-
ment, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005
Mr. BLUMENAUER (for himself and Mr. WELDON of Pennsylvania) introduced 
the following bill; which was referred to the Committee on Homeland Se-
curity, and in addition to the Committee on Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To authorize the Secretary of Homeland Security to make 
grants to encourage community safety by incorporating 
disaster mitigation and emergency preparedness into 
comprehensive land use planning and urban development, 
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safe Communities Act 
of 2005’’.
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Land use and public facility planning at 
both the State and local levels have not had ade-
quate financial resources to fully incorporate the 
threats posed both by natural and human-caused 
disasters, including acts of terrorism. Too frequently 
this has resulted in costly disaster relief programs 
and piecemeal, ad hoc security responses, such as 
unattractive physical barriers that disrupt and ad-
versely impact the physical, social, economic, and 
civic lives in United States communities. 
(2) Although land use planning is rightfully 
within the jurisdiction of State and local govern-
ments, encouraging community safety by incor-
porating disaster mitigation and emergency pre-
paredness into comprehensive land use planning and 
urban development should be supported by the Fed-
eral Government and State governments. 
(3) Disaster response and relief efforts impose 
significant costs to United States taxpayers. Federal 
expenditure is heavily weighted to post-disaster re-
covery, rather than mitigation. Planning should be 
undertaken to prevent property damage and human 
casualties, proactively incorporating mitigation strat-
egies and methods from the professional fields of
urban, community, and regional planning (including 
transportation and land use), architecture, landscape 
architecture, and urban design. 
(4) Disaster planning has traditionally been bi-
ased toward facilitating efficient responses and re-
covery, potentially to the detriment of other planning 
goals. Comprehensive planning can incorporate a 
range of effective practices for reducing risks posed 
by natural disasters and terrorist acts. The Federal 
Government and States should provide a supportive 
climate and statutory context for comprehensive 
planning. 
(5) Many States have land use statutes that do 
not currently support comprehensive planning for 
safe communities, and many States are undertaking 
efforts to update and reform statutes to better en-
able planning efforts that incorporate long-term haz-
ard mitigation and emergency preparedness. 
(6) Efforts to coordinate State and regional in-
vestments, including at-risk public infrastructure, 
with local plans require additional State level plan-
ning. 
(7) Comprehensive urban planning takes into 
account the relationship between land use, transpor-
tation systems, water and wastewater facilities, open
space, and other critical infrastructure in promoting 
safe and economically viable communities. 
(8) Local governments should integrate safety 
considerations into comprehensive planning efforts. 
(9) Safe housing is an essential component of 
safe community development, and comprehensive 
planning should incorporate modern, scientific plan-
ning techniques to ensure that a broad range of safe 
housing options are available to all members of the 
Nation’s communities. 
(10) Prevailing land use patterns often place 
people, structures, and environmental systems at 
great risk. Poorly-regulated rural communities and 
small towns located on the metropolitan fringe often 
face significant growth pressures, resulting in hap-
hazard development patterns that do not incorporate 
regional impacts on critical disaster-reduction sys-
tems, such as open space and wetlands. 
(11) The Federal Government and State gov-
ernments should support the efforts of tribal govern-
ments and Native Hawaiian organizations to imple-
ment land use planning and community development 
to improve the safety of housing and socioeconomic 
conditions for Indian tribes and Native Hawaiians.
SEC. 3. SAFE COMMUNITIES PLANNING GRANTS. 
(a) GRANT PROGRAM AUTHORIZED.—The Secretary 
of Homeland Security shall establish a program to provide 
grants to States and local governments for the purpose 
of assisting in—
(1) the development or revision of land use 
planning statutes, and State or local comprehensive 
planning documents, in those States or local govern-
ments that either do not have land use planning 
statutes, or have inadequate or outmoded land use 
planning statutes and regulations, such that plan-
ning efforts have not adequately incorporated strate-
gies to mitigate natural and human-caused hazards, 
including acts of terror, or otherwise hinder coordi-
nation of comprehensive planning and emergency 
preparedness efforts; 
(2) the creation or revision of State land use 
planning statutes and local comprehensive land use 
plans or plan elements in those States or local gov-
ernments that have land use planning statutes that 
incorporate risk-reduction and natural and human-
caused hazard mitigation; and 
(3) the development or revision of comprehen-
sive land use plans or plan elements for multi-State 
regions.
(b) ELIGIBILITY.—To be eligible to receive a grant 
under subsection (a), a State or local planning director 
shall submit to the Secretary an application, in such form 
as the Secretary may require, that demonstrates to the 
Secretary that the basic goals of the State or local govern-
ment regarding land use planning legislation or regulation 
are consistent with all of the following guidelines: 
(1) CITIZEN
ENGAGEMENT.—Public notifica-
tion, citizen representation, and stakeholder involve-
ment in a consensus-based, multi-disciplinary plan-
ning process are required in developing, adopting, 
and updating land use plans. 
(2) MULTIJURISDICTIONAL COOPERATION.—In 
order to effectively assess the risks posed to commu-
nities by natural hazards and terrorist acts, plan-
ning legislation, comprehensive plans, and regula-
tions are created based on multijurisdictional gov-
ernmental cooperation. 
(3) MULTI-AGENCY
COORDINATION.—In order 
to effectively assess the risks posed to communities 
by natural hazards and terrorist acts, planning legis-
lation, comprehensive plans, and regulations are cre-
ated based on cooperation between Federal, State, 
and local government agencies.
(4) IMPLEMENTATION
ELEMENTS.—Land use 
plans contain an implementation element that—
(A) includes a timetable for action and a 
definition of the respective roles and respon-
sibilities of agencies, local governments, and 
citizens of the State; 
(B) is consistent with State and local cap-
ital budget objectives; and 
(C) provides the framework for decisions 
relating to the siting of future infrastructure 
development, including development of utilities 
and utility distribution systems. 
(5) COMPREHENSIVE
PLANNING.—There is 
comprehensive planning to encourage land use plans 
that incorporate risk assessment and mitigation into 
any of State or locally-adopted—
(A) comprehensive plans; 
(B) urban design guidelines; 
(C) building codes; and 
(D) transportation plans, addressing both 
facility investment and operations. 
(6) UPDATING.—The State or local government 
addresses how comprehensive plans, including land 
use plans, urban design guidelines, building codes 
and transportation plans, will be updated over time.
(7) STANDARDS.—Comprehensive plans reflect 
an approach that is consistent with established pro-
fessional planning standards. 
(c) USE OF GRANT FUNDS.—Grant funds received 
by a State or local government under subsection (a) shall 
be used for one or more of the following purposes: 
(1) Developing a comprehensive land use plan 
and integrating natural hazard mitigation and secu-
rity plan elements into locally adopted and statewide 
comprehensive plans. 
(2) Assessing, inventorying, or mapping critical 
public infrastructure for use in developing land use 
and community development policies. 
(3) Developing geographical information sys-
tems, including technology acquisition, data develop-
ment, modernization, coordination, and technical as-
sistance. 
(4) Acquiring and developing scenario planning, 
risk assessment, or vulnerability analysis technology. 
(5) Reviewing and updating building codes, zon-
ing, land use regulations, and State-level enabling 
legislation. 
(6) Implementing CPTED (Crime Prevention 
Through Environmental Design) initiatives.
(7) Assessing risk and vulnerability, particularly 
related to land use. 
(8) Incorporating mitigation and security ele-
ments in transportation plans, facilities, and oper-
ations. 
(9) Incorporating regional security plans with 
regional transportation or land use plans. 
(10) Encouraging interagency cooperation, par-
ticularly between first-responders and State and 
local planning agencies. 
(11) Identifying natural hazard areas and inte-
grating them into updates of comprehensive plans, 
land use regulations, zoning, and building codes. 
(d) AMOUNT OF GRANT.—The amount of a grant 
under subsection (a) shall not exceed $1,125,000. 
(e) COST-SHARING.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of a project funded 
with a grant under subsection (a) shall not exceed 
90 percent. 
(2) INCREASED
FEDERAL
SHARE.—The Sec-
retary may increase the Federal share in the case of 
a grant to a tribal government or Native Hawaiian 
organization if the Secretary finds that the tribal 
government or Native Hawaiian organization does
not have sufficient funds to contribute to the 
project. 
(f) COORDINATION.—The Secretary shall encourage 
Federal land management agencies to coordinate land use 
planning for Federal land with the State or local planning 
director responsible for the drafting and updating of State 
guide plans or guidance documents regulating land use 
and infrastructure development on a statewide basis. 
(g) AUDITS.—
(1) IN
GENERAL.—The Inspector General of 
the Department of Homeland Security shall conduct 
an audit of a portion of the grants provided under 
this section to ensure that all funds provided under 
the grants are used for the purposes specified in this 
section. 
(2) USE OF AUDIT RESULTS.—The results of 
audits conducted under paragraph (1) and any rec-
ommendations made in connection with the audits 
shall be taken into consideration in awarding any fu-
ture grant under this section to a State. 
(h) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) LAND USE PLANNING LEGISLATION.—The 
term ‘‘land use planning legislation’’ means a stat-
ute, regulation, executive order or other action taken
by a State or local government to guide, regulate, 
and assist in the planning, regulation, and manage-
ment of land, natural resources, development prac-
tices, and other activities related to the pattern and 
scope of future land use. 
(2) COMPREHENSIVE PLAN.—The term ‘‘com-
prehensive plan’’ means a binding or non-binding 
planning document adopted for the purpose of regu-
lation and management of land, natural resources, 
development practices, infrastructure investments, 
and other activities related to the pattern and scope 
of future land use and urban development. 
(3) STATE.—The term ‘‘State’’ means any of 
the following: 
(A) One of the 50 States, the District of 
Columbia, the Commonwealth of Puerto Rico, 
the Virgin Islands, Guam, American Samoa, or 
the Commonwealth of the Northern Mariana Is-
lands. 
(B) A tribal government. 
(C) A Native Hawaiian organization, as 
defined in section 8(a)(15) of the Small Busi-
ness Act (15 U.S.C. 637(a)(15)). 
(4) STATE
PLANNING
DIRECTOR.—The term 
‘‘State planning director’’ means a State official des-
ignated by statute or by the chief executive officer 
of the State whose principal responsibility is the 
drafting and updating of State guide plans or guid-
ance documents that regulate land use and develop-
ment on a statewide basis. 
(5) LOCAL
PLANNING
DIRECTOR.—The term 
‘‘local planning director’’ means a local official des-
ignated by statute, by the mayor, or by the city 
council whose principal responsibility is the drafting 
and updating of local comprehensive plans or guid-
ance documents that regulate land use and develop-
ment within the local government’s jurisdiction. 
(6) TRIBAL GOVERNMENT.—The term ‘‘tribal 
government’’ means the tribal government of an In-
dian tribe, as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 
U.S.C. 450b). 
SEC. 4 SAFE COMMUNITIES PLANNING RESEARCH. 
(a) RESEARCH PROGRAM AUTHORIZED.—The Sec-
retary of Homeland Security, in coordination with govern-
mental, nongovernmental, university, and commercial 
partners, shall conduct research and analysis of the best 
practices in comprehensive land use and community plan-
ning that aims to reduce threats posed by natural hazards 
and acts of terrorism, focusing on—
(1) the integration of Federal facility security 
with local and regional plans, codes, and regulations; 
(2) examination of the impacts of security 
strategies, facilities, and design on the overall phys-
ical and social environment of a community, includ-
ing the functionality and accessibility of its streets, 
neighborhoods, civic and commercial building, and 
public spaces; and 
(3) integration of comprehensive mapping and 
risk-assessment tools and strategies. 
(b) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this Act, the Secretary shall 
report to Congress on best practices in community security 
and safety planning, including—
(1) an evaluation of land use and development 
codes and ordinances that aim to reduce the risks 
posed by natural hazards and acts of terrorism; 
(2) an evaluation of software and other tools 
that have been developed to aide communities in 
planning for safe development; 
(3) an evaluation of codes, ordinances, security 
design standards, and design tools that aim to en-
courage safe planning in the siting and design of 
residential development; and
(4) evaluation of best practices in incorporating 
safety and security into infrastructure planning, in-
cluding water, wastewater, and storm water facili-
ties, transportation systems, and electricity genera-
tion and distribution facilities. 
In determining best practices, the Secretary shall take into 
consideration regional, State, and local differences, and 
shall evaluate practices in terms of risk-reduction and 
cost. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this section $57,250,000 for each of the fiscal years 2007 
through 2011, of which —
(1) $56,250,000 shall be used for making 
grants under section 3; and 
(2) $300,000 shall be used to carry out section 
4.
Æ