[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2570 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2570
To direct the Secretary of Homeland Security to reimburse States for
direct expenses and losses incurred by State and local government
entities during the effective period of a high threat condition (Code
Orange) or severe threat condition (Code Red) declared by the Secretary
of Homeland Security, that are in excess of normal operating expenses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2003
Mr. DeFazio (for himself, Mr. Markey, Mr. Frank of Massachusetts, Mr.
Cardin, Ms. Slaughter, Mrs. Christensen, Mr. Etheridge, Ms. DeLauro,
Mr. Case, Mr. Grijalva, Mr. McDermott, Mr. Crowley, Mr. Bell, Mr.
Ballance, Mr. Rahall, Mr. McGovern, Ms. Linda T. Sanchez of California,
Mr. Doyle, Ms. Jackson-Lee of Texas, Mr. Stark, Ms. Carson of Indiana,
Mrs. Maloney, Mr. Hastings of Florida, Ms. Solis, Ms. Hooley of Oregon,
Mr. Sanders, Mr. Lipinski, Mr. Costello, Mr. Gutierrez, Mr. George
Miller of California, Mr. Farr, Mr. Thompson of California, Mr.
Kucinich, Mrs. Davis of California, Mr. Blumenauer, Mr. Hinchey, Mr.
Capuano, Mr. Tierney, Mr. Kennedy of Rhode Island, Mr. Honda, Ms.
Berkley, Ms. Kaptur, and Ms. Baldwin) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committees on Energy and
Commerce, and the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Homeland Security to reimburse States for
direct expenses and losses incurred by State and local government
entities during the effective period of a high threat condition (Code
Orange) or severe threat condition (Code Red) declared by the Secretary
of Homeland Security, that are in excess of normal operating expenses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Threat Alert Reimbursement
(STAR) Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) States and local governments are acting on behalf of
the Federal Government to protect and defend our homeland.
(2) States and local governments are in the midst of the
worst budget crisis since the Great Depression.
(3) Cash-strapped States and local governments are further
burdened by expenditures relating to increased homeland
security threat alert mitigation.
(4) According to a survey by the United States Conference
of Mayors, cities nationwide with populations of between 30,000
and 8,000,0000 are spending more than $70,000,000 per week on
additional homeland security measures during the effective
period of a high threat condition (Code Orange) or severe
threat condition (Code Red) declared by the Secretary of
Homeland Security.
(5) These direct costs are in addition to existing homeland
security spending (or spending commitments) since the terrorist
attacks on New York City and the Washington metropolitan area
on September 11, 2001.
SEC. 3. REIMBURSEMENT.
(a) In General.--The Secretary of Homeland Security shall pay to a
State in accordance with this section reimbursement for the direct
expenses and losses incurred by State or local government entities of
the State in the course of duty during the effective period of an
increased threat alert, that are in excess of normal operating
expenses.
(b) Submission of Requests.--
(1) In general.--The Governor of any State may submit to
the Secretary of Homeland Security a request for reimbursement
under this section--
(A) by not later than 90 days after the declaration
of an elevated threat condition with respect to which
the reimbursement is requested; and
(B) in the case of such a condition that is in
effect for more than 90 days, at such times thereafter
as may be prescribed by the Secretary.
(2) Supporting information.--A Governor shall include in a
request under this subsection such supporting information as
the Secretary may prescribe.
(3) Application by internet.--The Secretary shall provide
for the submission of requests under this subsection by use of
the Internet.
(c) Determination and Payment.--
(1) In general.--Upon receipt of a request under subsection
(b), the Secretary shall--
(A) determine the amount of direct expenses and
losses that may be reimbursed under this section
pursuant to the request; and
(B) pay that amount to the State.
(2) Subject to appropriations.--The requirement to make
payments under this section is subject to the availability of
appropriations for such payments.
(3) Congressional notification.--Before making any payment
to a State under this section in an amount greater than
$20,000,000, the Secretary shall notify--
(A) the Select Committee on Homeland Security of
the House of Representatives; and
(B) the Committee on Governmental Affairs of the
Senate.
SEC. 4. DEFINITIONS.
In this Act:
(1) Direct expenses and losses.--The term ``direct expenses
and losses''--
(A) means expenses and losses that would not have
been incurred if there had not been in effect an
elevated threat condition; and
(B) includes (subject to subparagraph (A))--
(i) salaries for specially employed
personnel;
(ii) overtime pay;
(iii) the cost of supplies expended; and
(iv) the depreciated value of equipment
destroyed or damaged; and
(C) does not include--
(i) the costs of ordinary wages of
personnel of a State or local government
entity;
(ii) overhead costs; or
(iii) depreciation (if calculated in ways
other than use during an emergency).
(2) In excess of normal operating expenses.--The term ``in
excess of normal operating expenses''--
(A) means costs, losses, and expenses that--
(i) are not ordinarily and necessarily
associated with the maintenance,
administration, and day-to-day operations of a
State or local government entity; and
(ii) would not have been incurred if there
were not in effect an elevated threat
condition;
(B) includes (subject to subparagraph (A)--
(i) administrative expenses;
(ii) costs of employee benefits, insurance,
disability, death, litigation, or health care;
and
(iii) costs associated with obtaining a
payment under this Act.
(3) State or local government entity.--The term ``State or
local government entity'' means any agency or authority of--
(A) a State government; or
(B) any county, city, or other local governmental
administrative body that has fiscal responsibility and
budgetary authority over the provision of governmental
services.
(4) Elevated threat condition.--The term ``elevated threat
condition'' means any high threat condition (Code Orange) or
severe threat condition (Code Red) declared by the Secretary of
Homeland Security.
(5) Normal operating costs.--The term ``normal operating
costs'' means costs ordinarily incurred in performing functions
of a State or local government entity.
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