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Budget & Revenue Committee

CURRENT LEVELS OF SELECTED
UNFUNDED MANDATES AND UNDERFUNDED NATIONAL EXPECTATIONS
IMPOSED ON STATE AND LOCAL GOVERNMENTS

 (As of April 16, 2003)

1. IDEA - SPECIAL EDUCATION

$11 billion - $25 billion

2. NO CHILD LEFT BEHIND

$5 billion - $35 billion

3. ELECTION REFORM

$1 billion - $5 billion

4. HOMELAND SECURITY

$6.5 billion - $17.5 billion

TOTAL

$23.5 billion - $82.5 billion

 

  1. Special Education. It would take $11 billion in immediate additional funding for the federal government to live up to current year levels of funding for its decades-old promise to fund 40% of Part B average per pupil expenditures, expenditures that state governments are currently compelled to provide. The Center for Special Education Finance, which is funded by the U.S. Department of Education, has estimated that it would take more than $25 billion in immediate additional funding based on revised and updated costs for educating children with special needs.
  2. No Child Left Behind Act. The FY 2003 recommended appropriations for implementation of the No Child Left Behind Act are approximately $5 billion under the authorized amounts for mandated activities that states must carry out. Data from a study of the actual costs to implement No Child Left Behind in New Hampshire indicate that, for every dollar of existing federal funding, the state and local governments will need to provide seven dollars to meet the requirements of the bill. Nationwide, this would indicate that $35 billion in annual funding would be required to fully fund the Act.
  3. Election Reform. The authorized amounts for states to initiate implementation of the Help America Vote Act for FY 2003 and FY 2004 total $3.2 billion ($2.2 for FY 2003 and $1.2 for FY 2004). The omnibus FY 2003 appropriations bill contains $1.5 billion for FY 2003 and the President's budget recommends $490 million for FY 2004. This leaves states no less than $1 billion dollars short for the first two years of implementation, although estimates of the full cost for states and local governments to implement the Help America Vote Act range as high as $15 billion.
  4. Homeland Security. The first real NEW federal homeland security funds for state and local governments was provided for in the FY03 supplemental appropriations bill. This included an additional $2.23 billion to state and local governments for planning, training, exercises, equipment, technical assistance, critical infrastructure protection, interoperable communications and includes a set-aside for use in high-density urban areas. While state and local governments are appreciative of the increase in funding, it still falls short of the need.

The National League of Cities and the U.S. Conference of Mayors have estimated that cities, alone, have yet to be reimbursed for at least $3 billion in incurred expenses. The cost of deploying interoperable communications equipment is estimated to be at least $10 billion nationwide ($109 million was provided for in the FY03 supplemental). Water systems serving between 3,301 and 99,900 people are required to perform vulnerability assessments, at a cost of up to $900 million, with no federal funding. Phase II of the small pox vaccinations is estimated to cost $200,000,000, ($100 million was provided for in the FY03 supplemental) not including any liability judgments ($42 million was provided for in the FY03 supplemental). More than $350 million in funding for first responders was included in contingent emergency funds in the FY 2002 supplemental but was never requested by the President. (Included in the $350 million was $50 million for interoperable communications. $109 million was provided for in the FY03 supplemental). FY 2003 funding for homeland security activities (Department of Justice and FEMA) in the omnibus appropriations bill was a reallocation of funds previously designated for other purposes. The $3.5 billion in new funding for first responders DID NOT exist in the FY 2003 appropriations ($2.23 million was provided in the FY03 supplemental). Some of these amounts meet the strict definition of a mandate, while others are incurred by states and local governments through an expectation that state and local governments will partner with the federal government and private sector to bolster our counter-terrorism and homeland security efforts.

 

DETAILS FOR HOMELAND SECURITY FUNDING

WHAT NEW MONEY STATES and LOCALS HAVE RECEIVED for Preparedness (not response and recovery)

From Emergency Supplemental ($1.536 billion)

$1.042 billion -

HHS/HRSA, to improve the public health system

$150 million -

FEMA (total=$360, $210 million initial, $150 supplemental) to improve state and local firefighting

$212 million -

DoJ, formula grants to states for equipment, exercises and training (emphasis on weapons of mass destruction)

$89 million -

EPA, competitive grants in the amount of $115,000 to improve safety of the nation's water supply (for publicly owned drinking water systems serving populations of more than 100,000) (not directly to states)

$43 million -

Dept. of Agriculture, to strengthen food and agriculture homeland security protections, distributed using existing cooperative agreements (not directly to states)


FY 2002 Supplemental ($181 million)

$100 million -

FEMA, for state and local all hazards operation planning, distributed to states on the basis of population, no cost share required, 75% pass through to local governments.

$25 million -

FEMA, Citizen Corp, in particular $4 million for grants related to Citizen Corps Councils, $17 million for grants related to CERT training, and $4 million will be used by FEMA for activities essential for developing the Citizen Corps initiative. Each state will be allocated a base amount of not less than 0.75 percent of the total amount available except that the Virgin Islands, Guam, American Samoa and the Mariana Islands each will be allocated a base amount of 0.25 percent.  The remaining will be allocated on the basis of population, each grantee will be required to subgrant at least 75 percent of those funds to local governments, no cost share required.

$56 million -

FEMA, Emergency Operation Centers (EOCs), each state to receive $50,000 for initial assessment of hazards and vulnerabilities, no cost share required, remaining $6 million for competitive grant programs, 50% cost share

 

FY 2003 (according to FFIS numbers) ($337 million)-for the most part the gain is the HHS/HRSA funding, no real increase in funding otherwise, an actual combined loss of $47 million to FEMA and DoJ

Loss of $181 million -

Justice in Total-counterterrorism grants and public safety

Gain of $270 million -

FEMA -Emergency Management Planning and Assistance

Loss of $136 million -

FEMA - Disaster Relief (compared FY01 to FY03, the FY02 figures included figures for response and recovery from the events of 9/11)

Gain of $384 million -

HHS/HRSA

 

FY 2003 Supplemental ($2.42 billion-includes money for small pox) awaits the President's signature

$1.3 billion -

Formula grants to states. Funds will be made available to states within 15 days of enactment of this Act. States shall submit applications within 30 days of the announcement. ODP shall act on applications within 15 days of receipt. (80 percent to locals within 45 days).

$30 million-

Direct technical assistance to states.

$200 million-

Formula based grants to states for critical infrastructure. Funds will be made available to states within 15 days of enactment of this Act. States shall submit applications within 30 days of the grant announcement. ODP shall act on applications within 15 days of receipt (50 percent to locals within 45 days). Can be used for personnel overtime.

$700 million-

Discretionary grants for use in high-density urban areas as determined by the secretary. ODP will allocate funds no less than 30 days after enactment of this Act. 80 percent of funds provided to a state shall be transferred to local governments within 45 days. Grants may be made to state or local governments. Can be used for personnel overtime.

$54,750,000-

COPS interoperable communications technology program-for improving state and local law enforcement cross jurisdictional communication and information sharing. This is administered through the Department of Justice.

 

(Note: The legislation also includes $54,750,000 through the Department of Homeland Security for grants for interoperable communications equipment. NCSL staff is in the process of obtaining additional information about these grants.)

$100 million-

To assist state and local health authorities with the costs associated with the small pox vaccination program.

$42 million-

For compensating individuals with injuries resulting from the smallpox vaccine and related countermeasures. Requires authorization of the compensation fund.

 

UNDERFUNDED NATIONAL EXPECTATIONS:

SUMMARY OF MINIMUM ESTIMATE ($5.7 billion, does not include any figure for interoperable communications)

  • $900 million for water systems vulnerability assessments/modest $500 million
  • $3 billion for unreimbursed costs
  • $350 $300 million from FY 02 contingent supplemental funds ($this has been reduced by $50 million to take into account the $54 million provided through the COPS program for interoperable communications in the FY03 supplemental.
  • $200 $100 million (estimate) for implemental of the smallpox vaccination program ($100 million was provided for in the FY 2003 supplemental)
  • $3.5 $1.3 billion first responders ($2.2 billion was provided for in the FY 2003 supplemental)
  • ? for interoperability ($109,500,000 was provided for in the FY 2003 supplemental, of which $54,750,000 is for state and locals through the COPS interoperable communications technology program. This is still far short of the estimated $10 billion needed).

DETAILS

Details of 02 contingent supplemental funds - These are funds states expected to receive but DID not because the President chose not to request them.

  • $150 million for fire grants
  • $50 million for interoperable equipment ($109,500,000 was provided for in the FY 2003 supplemental (at least $54.7 million is specifically for state and local governments), far short of the estimated $10 billion needed).
  • $25 million for urban search and rescue
  • $65 million for equipment formula grants
  • $1.3 million for security clearances for state and local first responders
  • $41 million for first responder training
  • $14 million for exercises
  • $20 million for predisposition training

Unfunded Mandate

Congress (as required in the bioterrorism act of 2002) requires every community water systems that serves a population of greater than 3,301 to conduct a vulnerability assessment. Systems serving more than 100,000 persons were provided $115,000 in grant funding from EPA. Systems serving between 3,301 and 99,999 are also required to conduct a vulnerability assessment but no direct grant funding has been provided. As of July 2002 there were 7,930 water systems that fell into this category with 7,473 falling in the range of 50,000 to 99,999. If each of these systems were provided $115,000, it would require a federal commitment of close to an additional $1 billion dollars. ($900 million)

Small Pox

$200 $100 million for administration of the small pox vaccination program (Phase II - 500,000 x $400-estimate) ($100 million was provided for in the FY 2003 supplemental)

Interoperability

The National Strategy for Homeland Security calls to improve public safety emergency communications. According to a report issued by the National Task Force on Interoperability, at the state level, replacing basic radio systems for a single public safety agency can cost between $100 and $300 million. Figures for developing interoperability national wide have ranged from $18 billion to three times that figure.

In addition, in order for entities to be able to participate in Project SAFECOM-one of the President's e-government initiatives to accelerate wireless communications interoperability across Federal, State, Tribal and Local public safety jurisdictions and disciplines-state and localities would need the appropriate hardware.

$109,500,000 was provided for in the FY 2003 supplemental (at least $54.7 million is specifically for state and local governments), far short of the estimated $10 billion needed.

Other

Between September 11 and the end of 2002, cities report having spent $2.6 billion - $3 billion additional and mostly unbudgeted homeland security costs.

  

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