[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4210 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4210

     To amend the Robert T. Stafford Disaster Relief and Emergency 
 Assistance Act to provide for improved Federal efforts to prepare for 
       and respond to terrorist attacks, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2000

 Mrs. Fowler (for herself, Mr. Traficant, Mr. Terry, Mr. Bateman, Mr. 
 Isakson, Mr. Shays, Mr. Chambliss, Mr. Spence, Mr. Watts of Oklahoma, 
and Mr. McCollum) introduced the following bill; which was referred to 
           the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
 Assistance Act to provide for improved Federal efforts to prepare for 
       and respond to terrorist attacks, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Preparedness 
Against Terrorism Act of 2000''.
    (b) References.--Except as otherwise specifically provided, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision of law, the 
reference shall be considered to be made to a section or other 
provision of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.).

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the President should strengthen Federal interagency 
        emergency planning by the Federal Emergency Management Agency 
        and other appropriate Federal, State, and local agencies for 
        development of a capability for early detection and warning of 
        and response to potential domestic terrorist attacks involving 
        weapons of mass destruction or cybertechnology; and
            (2) Federal efforts to assist State and local emergency 
        preparedness and response personnel in preparation for domestic 
        terrorist attacks should be coordinated so as to eliminate 
        duplicative Federal programs.
    (b) Purposes.--The purposes of this Act include--
            (1) coordinating and making more effective Federal efforts 
        to assist State and local emergency preparedness and response 
        personnel in preparation for domestic terrorist attacks;
            (2) designating a lead entity to coordinate such Federal 
        efforts; and
            (3) updating Federal authorities to reflect the increased 
        risk of terrorist attacks.

SEC. 3. DEFINITION OF MAJOR DISASTER.

    Section 102(2) (42 U.S.C. 5122(2)) is amended by striking ``, or 
explosion'' and inserting ``, explosion, act of terrorism, or other 
catastrophic event''.

SEC. 4. ADMINISTRATION OF EMERGENCY PREPAREDNESS PROGRAMS BY THE 
              PRESIDENT.

    Title VI (42 U.S.C. 5195 et seq.) is amended--
            (1) by striking ``Director'' each place it appears (other 
        than in sections 602(a)(7) and 603) and inserting 
        ``President'';
            (2) in section 603 by striking ``Director of the Federal 
        Emergency Management Agency'' and inserting ``President'';
            (3) in section 611(c)--
                    (A) by striking ``With the approval of the 
                President, the'' and inserting ``The''; and
                    (B) by striking ``responsibilities and review'' and 
                inserting ``responsibilities. The President shall 
                review'';
            (4) in section 621(g) by striking the second sentence;
            (5) in section 623--
                    (A) by striking paragraph (1) and redesignating 
                paragraphs (2) and (3) as paragraphs (1) and (2), 
                respectively; and
                    (B) in paragraph (2) (as so redesignated) by 
                striking ``unless'' and all that follows through 
                ``approval of the President,'' and inserting ``unless 
                the President''; and
            (6) in section 624 by striking ``to the President and 
        Congress'' and inserting ``to Congress''.

SEC. 5. DEFINITIONS.

    (a) Hazard.--Section 602(a)(1)(B) (42 U.S.C. 5195a(a)(1)(B)) is 
amended by striking the period at the end and inserting ``, including a 
domestic terrorist attack involving a weapon of mass destruction or 
cybertechnology.''.
    (b) Emergency Preparedness.--Section 602(a)(3)(A) (42 U.S.C. 
5195a(a)(3)(A)) is amended by inserting ``the predeployment of these 
and other essential resources (including personnel),'' before ``the 
provision of suitable warning systems,''.
    (c) Director.--Section 602(a) (42 U.S.C. 5195a(a)) is amended by 
striking paragraph (7) and redesignating paragraphs (8), (9), and (10) 
as paragraphs (7), (8), and (9), respectively.
    (d) Weapon of Mass Destruction.--Section 602 (42 U.S.C. 5195a) is 
amended by adding at the end the following:
            ``(10) Weapon of mass destruction.--The term `weapon of 
        mass destruction' means any weapon or device that is intended, 
        or has the capability, to cause death or serious bodily injury 
        to a significant number of people through the release, 
        dissemination, or impact of--
                    ``(A) toxic or poisonous chemicals or their 
                precursors;
                    ``(B) a disease organism; or
                    ``(C) radiation or radioactivity.''.

SEC. 6. DETAILED FUNCTIONS OF ADMINISTRATION.

    (a) Federal Emergency Response Plans and Programs.--Section 611(b) 
(42 U.S.C. 5196(b)) is amended--
            (1) by striking ``may prepare'' and inserting ``shall 
        prepare''; and
            (2) by adding at the end the following: ``In accordance 
        with section 313, the Director shall ensure that Federal 
        response plans and programs are adequate to respond to the 
        consequences of terrorism directed against a target in the 
        United States, including terrorism involving weapons of mass 
        destruction and terrorism involving cybertechnology.''.
    (b) Emergency Preparedness Measures.--Section 611(e) (42 U.S.C. 
5196(e)) is amended--
            (1) in paragraph (1) by inserting ``preventing and'' before 
        ``treating'';
            (2) in paragraph (2) by striking ``developing shelter 
        designs'' and inserting ``development of shelter designs, 
        equipment, clothing,''; and
            (3) in paragraph (3) by striking ``developing'' and all 
        that follows through ``thereof'' and inserting ``development 
        and standardization of equipment and facilities''.
    (c) Training and Exercise Programs.--Section 611(f) (42 U.S.C. 
5196(f)) is amended--
            (1) in the subsection heading by inserting ``and Exercise'' 
        after ``Training''; and
            (2) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``may'' and inserting ``shall'';
                    (B) in subparagraph (A) by inserting ``and 
                exercise'' after ``training'';
                    (C) in subparagraph (B) by striking ``and'' at the 
                end;
                    (D) in subparagraph (C) by striking the period at 
                the end and inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(D) establish priorities among training and exercise 
        programs based on an assessment of the existing threats, 
        capabilities, and objectives.''.

SEC. 7. REPEALS.

    (a) Use of Funds To Prepare for and Respond to Hazards.--Section 
615 (42 U.S.C. 5196d) is repealed.
    (b) Security Regulations.--Section 622 (42 U.S.C. 5197a) is 
repealed.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    Title VI (42 U.S.C. 5195 et seq.) is amended by adding at the end 
the following:

``SEC. 629. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated for each 
of fiscal years 2001 through 2003 such sums as may be necessary to 
carry out this title.
    ``(b) Priorities.--Amounts appropriated pursuant to this section 
shall be used in a manner consistent with priorities established under 
section 611(f)(1).''.

SEC. 9. OFFICE OF TERRORISM PREPAREDNESS.

    (a) In General.--Title VI of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5195 et seq.) is amended by 
adding at the end the following:

             ``Subtitle C--Office of Terrorism Preparedness

``SEC. 651. ESTABLISHMENT OF OFFICE.

    ``(a) In General.--There is established in the Executive Office of 
the President an Office of Terrorism Preparedness (in this subtitle 
referred to as the `Office').
    ``(b) Appointment of Director.--The head of the Office shall be the 
Director of the Office of Terrorism Preparedness (in this subtitle 
referred to as the `Director'), who shall be appointed by the 
President, by and with the advice and consent of the Senate. In making 
the appointment, the President shall consult with the Director of the 
Federal Emergency Management Agency, the Attorney General of the United 
States, and the Secretary of Defense.

``SEC. 652. DUTIES OF DIRECTOR.

    ``The Director shall--
            ``(1) establish the policies, objectives, and priorities of 
        the Federal Government for enhancing the capabilities of State 
        and local emergency preparedness and response personnel in 
        early detection and warning of and response to domestic 
        terrorist attacks, including attacks involving weapons of mass 
        destruction or cybertechnology;
            ``(2) publish a Domestic Terrorism Preparedness Plan and an 
        annual strategy for carrying out the plan in accordance with 
        section 653;
            ``(3) biannually review the terrorist attack preparedness 
        programs of State and local governmental entities and provide 
        recommendations to such entities based on such reviews;
            ``(4) establish voluntary minimum standards for the 
        terrorist attack preparedness programs of State and local 
        governmental entities in accordance with section 656;
            ``(5) consult with, and serve as a contact for, State and 
        local governmental entities implementing terrorist attack 
        preparedness programs;
            ``(6) coordinate and oversee the implementation by Federal 
        departments and agencies of the policies, objectives, and 
        priorities established under paragraph (1) and the fulfillment 
        of the responsibilities of such departments and agencies under 
        the Domestic Terrorism Preparedness Plan;
            ``(7) make recommendations to the President and to the 
        National Security Council regarding--
                    ``(A) changes in the organization, management, and 
                budgets of Federal departments and agencies; and
                    ``(B) the allocation of personnel to and within 
                such departments and agencies;
        to implement the policies, priorities, and objectives 
        established under paragraph (1) and the Domestic Terrorism 
        Preparedness Plan; and
            ``(8) notify a Federal department or agency in writing if 
        the Director finds that its policies are not in compliance with 
        its responsibilities under the Domestic Terrorism Preparedness 
        Plan and transmit a copy of such notification to the President.

``SEC. 653. DOMESTIC TERRORISM PREPAREDNESS PLAN AND ANNUAL STRATEGY

    ``(a) Development of Plan.--Not later than 180 days after the date 
of appointment of the Director, the Director shall develop a Domestic 
Terrorism Preparedness Plan and transmit a copy of the plan to the 
President and Congress. The Director, as necessary, may extend 
the deadline established by this subsection, except that any such 
extension may not exceed 90 days.
    ``(b) Contents.--The Domestic Terrorism Preparedness Plan shall 
include--
            ``(1) a statement of the policies, objectives, and 
        priorities established by the Director under section 652(1);
            ``(2) a plan for implementing such policies, objectives, 
        and priorities, including measurable objectives to be achieved 
        in each of the following 5 years for enhancing domestic 
        preparedness against a terrorist attack; and
            ``(3) a description of the specific role of each Federal 
        department and agency, and the roles of State and local 
        governmental entities, under the plan developed under paragraph 
        (2).
    ``(c) Annual Strategy.--
            ``(1) In general.--The Director shall develop and transmit 
        to the President and Congress, on the date of transmittal of 
        the Domestic Terrorism Preparedness Plan and on February 1st of 
        each of the succeeding 4 fiscal years beginning after such date 
        of transmittal, an annual strategy for carrying out the 
        Domestic Terrorism Preparedness Plan in the fiscal year 
        following the fiscal year in which the strategy is submitted.
            ``(2) Contents.--The annual strategy for a fiscal year 
        shall include--
                    ``(A) a description of Federal training and 
                exercise programs, grant programs, and other activities 
                conducted in the fiscal year preceding the fiscal year 
                for which the strategy has been developed related to 
                domestic preparedness against a terrorist attack and 
                recommendations concerning whether any of such programs 
                may be duplicative;
                    ``(B) a description of Federal training and 
                exercise programs, grant programs, and other activities 
                to be conducted in the fiscal year for which the 
                strategy has been developed under the Domestic 
                Terrorism Preparedness Plan and measurable objectives 
                to be achieved in such fiscal year for enhancing 
                domestic preparedness against a terrorist attack; and
                    ``(C) a complete assessment of how the budget 
                proposal transmitted for the fiscal year under section 
                654(a) is intended to implement the strategy and 
                whether the funding levels contained in such proposal 
                are sufficient to implement such strategy.
    ``(d) Consultation.--
            ``(1) In general.--In developing the Domestic Terrorism 
        Preparedness Plan and each annual strategy for carrying out the 
        plan, the Director shall consult with--
                    ``(A) the head of each Federal department and 
                agency that will have responsibilities under the 
                Domestic Terrorism Preparedness Plan or annual 
                strategy;
                    ``(B) Congress; and
                    ``(C) State and local officials.
            ``(2) Reports.--At the time the Director submits the 
        Domestic Terrorism Preparedness Plan or an annual strategy to 
        the President and Congress, the Director shall transmit a 
        report to the President and Congress indicating the persons 
        consulted under this subsection.
    ``(e) Transmission of Classified Information.--Any part of the 
Domestic Terrorism Preparedness Plan under subsection (a) or an annual 
strategy under subsection (c) that involves information properly 
classified under criteria established by an Executive order shall be 
presented to Congress separately.

``SEC. 654. NATIONAL DOMESTIC PREPAREDNESS BUDGET.

    ``(a) Development and Transmission of Budget.--The Director shall 
develop for each fiscal year, with the advice of the program managers 
of departments and agencies with responsibilities under the Domestic 
Terrorism Preparedness Plan and appropriate State and local 
governmental entities, a consolidated budget proposal to implement the 
Domestic Terrorism Preparedness Plan, and shall transmit a copy of the 
budget proposal to the President and Congress.
    ``(b) Budget Submissions by Departments and Agencies.--Each Federal 
Government program manager, agency head, and department head with 
responsibilities under the Domestic Terrorism Preparedness Plan shall 
transmit the budget request of the program, agency, or department 
relating to such responsibilities to the Director at the same time as 
such request is submitted to their superiors (and before submission to 
the Office of Management and Budget) in the preparation of the budget 
of the President submitted to Congress under section 1105(a) of title 
31, United States Code.
    ``(c) Review of Budget Submissions.--The Director shall--
            ``(1) review each budget request transmitted to the 
        Director under subsection (b);
            ``(2) certify in writing as to the adequacy of such request 
        to implement the objectives of the Domestic Terrorism 
        Preparedness Plan for the fiscal year for which the request is 
        submitted; and
            ``(3) notify the program manager, agency head, or 
        department head, as applicable, regarding the Director's 
        certification under paragraph (2).
    ``(d) Reprogramming and Transfer Requests.--
            ``(1) In general.--No Federal department or agency shall 
        submit to Congress a reprogramming or transfer request that is 
        included in the consolidated budget proposal developed under 
        subsection (a) unless such request has been approved by the 
        Director.
            ``(2) Appeals.--The Secretary of a department or the head 
        of an agency may appeal to the President any disapproval by the 
        Director of a reprogramming or transfer request.
            ``(3) Quarterly reports.--The Director shall report to 
        Congress on a quarterly basis regarding the need for any 
        reprogramming or transfer of appropriated funds for activities 
        under the Domestic Terrorism Preparedness Plan.
    ``(e) Records.--The Director shall maintain records regarding 
certifications under subsection (c)(2).
    ``(f) Notice to OMB of Inadequate Requests.--If the Director 
determines under subsection (c)(2) that a budget request is not 
adequate to implement the objectives of the Domestic Terrorism 
Preparedness Plan for the fiscal year for which the request is 
submitted, the Director shall transmit a written statement of such 
determination to the Director of the Office of Management and Budget.
    ``(g) Timely Development and Submission of Budget Requests.--The 
head of each Federal department and agency with responsibilities under 
the Domestic Terrorism Preparedness Plan shall ensure timely 
development and transmittal of budget requests pursuant to subsection 
(b) in such format as may be designated by the Director with the 
concurrence of the Director of the Office of Management and Budget.

``SEC. 655. CERTIFICATION OF FEDERAL TRAINING AND EXERCISE PROGRAMS.

    ``(a) Certification of Programs.--Not later than 270 days after the 
date of appointment of the Director, the Director shall conduct a 
review of each training and exercise program being conducted by a 
Federal department or agency to enhance the capabilities of State and 
local emergency preparedness and response personnel with respect to 
terrorist attacks. Upon completing the review, the Director shall 
either certify or deny certification for the program based on criteria 
to be developed by the Director. The Director, as necessary, may extend 
the deadline established by this subsection with respect to a training 
or exercise program, except that any such extension may not exceed 180 
days.
    ``(b) Recertification of Programs.--A training or exercise program 
that is certified by the Director under subsection (a) shall be 
reviewed by the Director on or before June 15th of the third fiscal 
year beginning after the date of certification and on or before June 
15th of every third fiscal year thereafter. Upon completing each 
review, the Director shall either recertify or deny recertification for 
the program based on criteria to be developed by the Director.
    ``(c) Effect of Denials.--The Director may not certify a budget 
request transmitted for a fiscal year under section 654 with respect to 
any training or exercise program for which the Director has denied 
certification or recertification for a period including such fiscal 
year under this section.
    ``(d) Development of Certification Criteria.--In developing 
criteria for certifications and recertifications under this section, 
the Director shall seek to eliminate duplicative Federal programs and 
to further Federal efforts toward implementation of the policies, 
objectives, and priorities of the Domestic Terrorism Preparedness Plan.
    ``(e) Establishment of New Programs and Offices.--Before a Federal 
department or agency may establish a new program or office to enhance 
the capabilities of State and local emergency preparedness and response 
personnel with respect to terrorist attacks, the head of the department 
or agency shall consult with the Director to determine whether the new 
program or office is consistent with the Domestic Terrorism 
Preparedness Plan.

``SEC. 656. VOLUNTARY MINIMUM STANDARDS FOR STATE AND LOCAL PROGRAMS.

    ``The Director shall establish voluntary minimum standards for the 
terrorist attack preparedness programs of State and local governmental 
entities for the purpose of providing guidance in the development and 
implementation of such programs. The standards shall include standards 
for equipment, exercises, and training.

``SEC. 657. GRANTS TO STATE AND LOCAL ENTITIES.

    ``The Director may make grants to a State or local governmental 
entity to offset the costs of participation by the entity in any 
training or exercise program that has been certified by the Director 
under section 655.

``SEC. 658. POWERS OF DIRECTOR.

    ``In carrying out this subtitle, the Director may--
            ``(1) select, appoint, employ, and fix compensation of such 
        officers and employees as may be necessary to carry out the 
        functions of the Office under this subtitle;
            ``(2) direct, with the concurrence of the Secretary of a 
        department or head of an agency, the temporary reassignment 
        within the Federal Government of personnel employed by such 
        department or agency;
            ``(3) use for administrative purposes, on a reimbursable 
        basis, the available services, equipment, personnel, and 
        facilities of Federal, State, and local agencies;
            ``(4) procure the services of experts and consultants in 
        accordance with section 3109 of title 5, United States Code, 
        relating to appointments in the Federal Service, at rates of 
        compensation for individuals not to exceed the daily equivalent 
        of the rate of pay payable for GS-18 of the General Schedule 
        under section 5332 of title 5, United States Code;
            ``(5) accept and use donations of property from Federal, 
        State, and local government agencies;
            ``(6) use the mails in the same manner as any other 
        department or agency of the executive branch; and
            ``(7) monitor the implementation of the Domestic Terrorism 
        Preparedness Plan, including--
                    ``(A) conducting program and performance audits and 
                evaluations; and
                    ``(B) requesting assistance from the Inspector 
                General of the relevant agency in such audits and 
                evaluations.

``SEC. 659. ROLE OF DIRECTOR IN NATIONAL SECURITY COUNCIL EFFORTS.

    ``The Director may, in the Director's role as principal adviser to 
the National Security Council on Federal efforts to assist State and 
local governmental entities in domestic terrorist attack preparedness 
matters, and subject to the direction of the President, attend and 
participate in meetings of the National Security Council.

``SEC. 660. COORDINATION WITH EXECUTIVE BRANCH DEPARTMENTS AND 
              AGENCIES.

    ``(a) Requests for Assistance.--The head of each Federal department 
and agency with responsibilities under the Domestic Terrorism 
Preparedness Plan shall cooperate with the Director and, subject to 
laws governing disclosure of information, provide such assistance, 
information, and advice as the Director may request.
  ``(b) Certification of Policy Changes by Director.--
            ``(1) In general.--The head of each Federal department and 
        agency with responsibilities under the Domestic Terrorism 
        Preparedness Plan shall, unless exigent circumstances require 
        otherwise, notify the Director in writing regarding any 
        proposed change in policies relating to the activities of such 
        department or agency under the Domestic Terrorism Preparedness 
        Plan prior to implementation of such change. The Director shall 
        promptly review such proposed change and certify to the 
        department or agency head in writing whether such change is 
        consistent with the Domestic Terrorism Preparedness Plan.
            ``(2) Notice in exigent circumstances.--If prior notice of 
        a proposed change under paragraph (1) is not possible, the 
        department or agency head shall notify the Director as soon as 
        practicable. The Director shall review such change and certify 
        to the department or agency head in writing whether such change 
        is consistent with the Domestic Terrorism Preparedness Plan.
    ``(c) General Services Administration.--The Administrator of 
General Services shall provide to the Director on a reimbursable basis 
such administrative support services as the Director may request.

``SEC. 661. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this subtitle 
$9,000,000 for fiscal year 2001 and such sums as may be necessary for 
each of fiscal years 2002 through 2005. Such sums shall remain 
available until expended.''.
    (b) Executive Schedule Pay Rates.--Section 5313 of title 5, United 
States Code, is amended by adding at the end the following:
            ``Director, Office of Terrorism Preparedness.''.
                                 <all>