[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4210 Referred in Senate (RFS)]







106th CONGRESS
  2d Session
                                H. R. 4210


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2000

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
     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; 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 to read as follows:
            ``(2) Major disaster.--`Major disaster' means any natural 
        catastrophe (including any hurricane, tornado, storm, high 
        water, winddriven water, tidal wave, tsunami, earthquake, 
        volcanic eruption, landslide, mudslide, snowstorm, snow 
        drought, or drought), or, regardless of cause, any fire, flood, 
        explosion, act of terrorism, or other catastrophic event in any 
        part of the United States, which in the determination of the 
        President causes damage of sufficient severity and magnitude to 
        warrant major disaster assistance under this Act to supplement 
        the efforts and available resources of States, local 
        governments, and disaster relief organizations in alleviating 
        the damage, loss, hardship, or suffering caused thereby.''.

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.''.
    (b) Natural Disaster.--Section 602(a)(2) (42 U.S.C. 5195a(a)(2)) is 
amended to read as follows:
            ``(2) Natural disaster.--The term `natural disaster' means 
        any hurricane, tornado, storm, flood, high water, wind-driven 
        water, tidal wave, tsunami, earthquake, volcanic eruption, 
        landslide, mudslide, snowstorm, snow drought, drought, fire, or 
        other catastrophe in any part of the United States which 
        causes, or which may cause, substantial damage or injury to 
        civilian property or persons.''.
    (c) 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,''.
    (d) 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.
    (e) 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 President 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.''.
    (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'';
            (2) in paragraph (1)(A) by inserting ``and exercise'' after 
        ``training'';
            (3) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (4) by inserting after paragraph (1) the following:
    ``(2) The President shall establish priorities among training and 
exercise programs for preparedness against terrorist attacks 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.

    Section 626 (42 U.S.C. 5197e) is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Priorities.--Amounts appropriated pursuant to this section 
for training and exercise programs for preparedness against terrorist 
attacks shall be used in a manner consistent with the priorities 
established under section 611(f)(2).''.

SEC. 9. PRESIDENT'S COUNCIL ON DOMESTIC TERRORISM PREPAREDNESS.

    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--President's Council on Domestic Terrorism Preparedness

``SEC. 651. ESTABLISHMENT OF COUNCIL.

    ``(a) In General.--There is established a council to be known as 
the President's Council on Domestic Terrorism Preparedness (in this 
subtitle referred to as the `Council').
    ``(b) Membership.--The Council shall be composed of the following 
members:
            ``(1) The President.
            ``(2) The Director of the Federal Emergency Management 
        Agency.
            ``(3) The Attorney General.
            ``(4) The Secretary of Defense.
            ``(5) The Director of the Office of Management and Budget.
            ``(6) The Assistant to the President for National Security 
        Affairs.
            ``(7) Any additional members appointed by the President.
    ``(c) Chairman.--
            ``(1) In general.--The President shall serve as the 
        chairman of the Council.
            ``(2) Executive chairman.--The President may appoint an 
        Executive Chairman of the Council (in this subtitle referred to 
        as the `Executive Chairman'). The Executive Chairman shall 
        represent the President as chairman of the Council, including 
        in communications with Congress and State Governors.
            ``(3) Senate confirmation.--An individual selected to be 
        the Executive Chairman under paragraph (2) shall be appointed 
        by and with the advice and consent of the Senate, except that 
        Senate confirmation shall not be required if, on the date of 
        appointment, the individual holds a position for which Senate 
        confirmation was required.
    ``(d) First Meeting.--The first meeting of the Council shall be 
held not later than 90 days after the date of the enactment of this 
Act.

``SEC. 652. DUTIES OF COUNCIL.

    ``The Council shall carry out the following duties:
            ``(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 all domestic 
        terrorist attacks, including attacks involving weapons of mass 
        destruction.
            ``(2) Publish a Domestic Terrorism Preparedness Plan and an 
        annual strategy for carrying out the plan in accordance with 
        section 653, including the end state of preparedness for 
        emergency responders established under section 653(b)(1)(D).
            ``(3) To the extent practicable, rely on existing resources 
        (including planning documents, equipment lists, and program 
        inventories) in the execution of its duties.
            ``(4) Consult with and utilize existing interagency boards 
        and committees, existing governmental entities, and non-
        governmental organizations in the execution of its duties.
            ``(5) Ensure that a biennial review of the terrorist attack 
        preparedness programs of State and local governmental entities 
        is conducted and provide recommendations to the entities based 
        on the reviews.
            ``(6) Provide for the creation of a State and local 
        advisory group for the Council, to be composed of individuals 
        involved in State and local emergency preparedness and response 
        to terrorist attacks.
            ``(7) Provide for the establishment by the Council's State 
        and local advisory group of voluntary guidelines for the 
        terrorist attack preparedness programs of State and local 
        governmental entities in accordance with section 655.
            ``(8) Designate a Federal entity to consult with, and serve 
        as a contact for, State and local governmental entities 
        implementing terrorist attack preparedness programs.
            ``(9) 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.
            ``(10) Make recommendations to the heads of appropriate 
        Federal departments and agencies regarding--
                    ``(A) changes in the organization, management, and 
                resource allocations of the departments and agencies; 
                and
                    ``(B) the allocation of personnel to and within the 
                departments and agencies,
        to implement the Domestic Terrorism Preparedness Plan.
            ``(11) Assess all Federal terrorism preparedness programs 
        and ensure that each program complies with the Domestic 
        Terrorism Preparedness Plan.
            ``(12) Identify duplication, fragmentation, and overlap 
        within Federal terrorism preparedness programs and eliminate 
        such duplication, fragmentation and overlap.
            ``(13) Evaluate Federal emergency response assets and make 
        recommendations regarding the organization, need, and 
        geographic location of such assets.
            ``(14) Establish general policies regarding financial 
        assistance to States based on potential risk and threat, 
        response capabilities, and ability to achieve the end state of 
        preparedness for emergency responders established under section 
        653(b)(1)(D).
            ``(15) Notify a Federal department or agency in writing if 
        the Council finds that its policies are not in compliance with 
        its responsibilities under the Domestic Terrorism Preparedness 
        Plan.

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

    ``(a) Development of Plan.--Not later than 180 days after the date 
of the first meeting of the Council, the Council shall develop a 
Domestic Terrorism Preparedness Plan and transmit a copy of the plan to 
Congress.
    ``(b) Contents.--
            ``(1) In general.--The Domestic Terrorism Preparedness Plan 
        shall include the following:
                    ``(A) A statement of the policies, objectives, and 
                priorities established by the Council under section 
                652(1).
                    ``(B) A plan for implementing such policies, 
                objectives, and priorities that is based on a threat, 
                risk, and capability assessment and includes measurable 
                objectives to be achieved in each of the following 5 
                years for enhancing domestic preparedness against a 
                terrorist attack.
                    ``(C) 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 subparagraph (B).
                    ``(D) A definition of an end state of preparedness 
                for emergency responders that sets forth measurable, 
                minimum standards of acceptability for preparedness.
            ``(2) Evaluation of federal response teams.--In preparing 
        the description under paragraph (1)(C), the Council shall 
        evaluate each Federal response team and the assistance that the 
        team offers to State and local emergency personnel when 
        responding to a terrorist attack. The evaluation shall include 
        an assessment of how the Federal response team will assist 
        State and local emergency personnel after the personnel has 
        achieved the end state of preparedness for emergency responders 
        established under paragraph (1)(D).
    ``(c) Annual Strategy.--
            ``(1) In general.--The Council shall develop and transmit 
        to Congress, on the date of transmittal of the Domestic 
        Terrorism Preparedness Plan and, in each of the succeeding 4 
        fiscal years, on the date that the President submits an annual 
        budget to Congress in accordance with section 1105(a) of title 
        31, United States Code, 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 the following:
                    ``(A) An inventory of Federal training and exercise 
                programs, response teams, grant programs, and other 
                programs and activities related to domestic 
                preparedness against a terrorist attack conducted in 
                the preceding fiscal year and a determination as to 
                whether any of such programs or activities may be 
                duplicative. The inventory shall consist of a complete 
                description of each such program and activity, 
                including the funding level and purpose of and goal to 
                be achieved by the program or activity.
                    ``(B) If the Council determines under subparagraph 
                (A) that certain programs and activities are 
                duplicative, a detailed plan for consolidating, 
                eliminating, or modifying the programs and activities.
                    ``(C) An inventory of Federal training and exercise 
                programs, grant programs, response teams, and other 
                programs and activities to be conducted in such fiscal 
                year under the Domestic Terrorism Preparedness Plan and 
                measurable objectives to be achieved in such fiscal 
                year for enhancing domestic preparedness against a 
                terrorist attack. The inventory shall provide for 
                implementation of any plan developed under subparagraph 
                (B), relating to duplicative programs and activities.
                    ``(D) A complete assessment of how resource 
                allocation recommendations developed under section 
                654(a) are intended to implement the annual strategy.
    ``(d) Consultation.--
            ``(1) In general.--In developing the Domestic Terrorism 
        Preparedness Plan and each annual strategy for carrying out the 
        plan, the Council 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;
                    ``(C) State and local officials;
                    ``(D) congressionally authorized panels; and
                    ``(E) emergency preparedness organizations with 
                memberships that include State and local emergency 
                responders.
            ``(2) Reports.--As part of the Domestic Terrorism 
        Preparedness Plan and each annual strategy for carrying out the 
        plan, the Council shall include a written statement indicating 
        the persons consulted under this subsection and the 
        recommendations made by such persons.
    ``(e) Transmission of Classified Information.--Any part of the 
Domestic Terrorism Preparedness Plan or an annual strategy for carrying 
out the plan that involves information properly classified under 
criteria established by an Executive order shall be presented to 
Congress separately.
    ``(f) Risk of Terrorist Attacks Against Transportation 
Facilities.--
            ``(1) In general.--In developing the plan and risk 
        assessment under subsection (b), the Council shall designate an 
        entity to assess the risk of terrorist attacks against 
        transportation facilities, personnel, and passengers.
            ``(2) Contents.--In developing the plan and risk assessment 
        under subsection (b), the Council shall ensure that the 
        following three tasks are accomplished:
                    ``(A) An examination of the extent to which 
                transportation facilities, personnel, and passengers 
                have been the target of terrorist attacks and the 
                extent to which such facilities, personnel, and 
                passengers are vulnerable to such attacks.
                    ``(B) An evaluation of Federal laws that can be 
                used to combat terrorist attacks against transportation 
                facilities, personnel, and passengers, and the extent 
                to which such laws are enforced. The evaluation may 
                also include a review of applicable State laws.
                    ``(C) An evaluation of available technologies and 
                practices to determine the best means of protecting 
                transportation facilities, personnel, and passengers 
                against terrorist attacks.
            ``(3) Consultation.--In developing the plan and risk 
        assessment under subsection (b), the Council shall consult with 
        the Secretary of Transportation, representatives of persons 
        providing transportation, and representatives of employees of 
        such persons.
    ``(g) Monitoring.--The Council, with the assistance of the 
Inspector General of the relevant Federal department or agency as 
needed, shall monitor the implementation of the Domestic Terrorism 
Preparedness Plan, including conducting program and performance audits 
and evaluations.

``SEC. 654. NATIONAL DOMESTIC PREPAREDNESS BUDGET.

    ``(a) Recommendations Regarding Resource Allocations.--
            ``(1) Transmittal to council.--Each Federal Government 
        program manager, agency head, and department head with 
        responsibilities under the Domestic Terrorism Preparedness Plan 
        shall transmit to the Council for each fiscal year recommended 
        resource allocations for programs and activities relating to 
        such responsibilities on or before the earlier of--
                    ``(A) the 45th day before the date of the budget 
                submission of the department or agency to the Director 
                of the Office of Management and Budget for the fiscal 
                year; or
                    ``(B) August 15 of the fiscal year preceding the 
                fiscal year for which the recommendations are being 
                made.
            ``(2) Transmittal to the office of management and budget.--
        The Council shall develop for each fiscal year recommendations 
        regarding resource allocations for each program and activity 
        identified in the annual strategy completed under section 653 
        for the fiscal year. Such recommendations shall be submitted to 
        the relevant departments and agencies and to the Director of 
        the Office of Management and Budget. The Director of the Office 
        of Management and Budget shall consider such recommendations in 
        formulating the annual budget of the President submitted to 
        Congress under section 1105(a) of title 31, United States Code, 
        and shall provide to the Council a written explanation in any 
        case in which the Director does not accept such a 
        recommendation.
            ``(3) Records.--The Council shall maintain records 
        regarding recommendations made and written explanations 
        received under paragraph (2) and shall provide such records to 
        Congress upon request. The Council may not fulfill such a 
        request before the date of submission of the relevant annual 
        budget of the President to Congress under section 1105(a) of 
        title 31, United States Code.
            ``(4) New programs or reallocation of resources.--The head 
        of a Federal department or agency shall consult with the 
        Council before acting to enhance the capabilities of State and 
        local emergency preparedness and response personnel with 
        respect to terrorist attacks by--
                    ``(A) establishing a new program or office; or
                    ``(B) reallocating resources, including Federal 
                response teams.

``SEC. 655. VOLUNTARY GUIDELINES FOR STATE AND LOCAL PROGRAMS.

    ``The Council shall provide for the establishment of voluntary 
guidelines 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 guidelines 
shall address equipment, exercises, and training and shall establish a 
desired threshold level of preparedness for State and local emergency 
responders.

``SEC. 656. POWERS OF COUNCIL.

    ``In carrying out this subtitle, the Council may--
            ``(1) 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;
            ``(2) use for administrative purposes, on a reimbursable 
        basis, the available services, equipment, personnel, and 
        facilities of Federal, State, and local agencies;
            ``(3) 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;
            ``(4) accept and use donations of property from Federal, 
        State, and local government agencies;
            ``(5) use the mails in the same manner as any other 
        department or agency of the executive branch; and
            ``(6) request the assistance of the Inspector General of a 
        Federal department or agency in conducting audits and 
        evaluations under section 653(g).

``SEC. 657. ROLE OF COUNCIL IN NATIONAL SECURITY COUNCIL EFFORTS.

    ``The Council may, in the Council'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. The Council 
may, subject to the direction of the President, participate in the 
National Security Council's working group structure.

``SEC. 658. EXECUTIVE DIRECTOR AND STAFF OF COUNCIL.

    ``(a) Executive Director.--The Council shall have an Executive 
Director who shall be appointed by the President.
    ``(b) Staff.--The Executive Director may appoint such personnel as 
the Executive Director considers appropriate. Such personnel shall be 
assigned to the Council on a full-time basis and shall report to the 
Executive Director.
    ``(c) Administrative Support Services.--The Executive Office of the 
President shall provide to the Council, on a reimbursable basis, such 
administrative support services, including office space, as the Council 
may request.

``SEC. 659. 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 Council and, subject to laws 
governing disclosure of information, provide such assistance, 
information, and advice as the Council may request.
    ``(b) Certification of Policy Changes by Council.--
            ``(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 Council 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 Council 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 Council as soon as 
        practicable. The Council 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.

``SEC. 660. 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.''.

            Passed the House of Representatives July 25, 2000.

            Attest:

                                                 Jeff Trandahl,

                                                                  Clerk