[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 525 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 525
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
February 8, 2001125
Mr. Gilchrest (for himself, Mr. Shays, Mrs. Tauscher, Mr. Chambliss,
Ms. Berkley, Mr. Bartlett of Maryland, Mr. Nadler, Mr. Schrock, Mr.
McGovern, Mr. Burr of North Carolina, Mr. Horn, Mr. Mica, Mrs. Kelly,
Mr. Quinn, Mr. Isakson, Mr. Doolittle, Mrs. Morella, Mr. Thune, Mr.
Meehan, and Mr. Sessions) 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 Domestic Terrorism Act of 2001''.
(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) Voting Members.--The Council shall be composed of the
following voting members:
``(1) The President.
``(2) The Director of the Federal Emergency Management
Agency.
``(3) The Attorney General.
``(4) The Secretary of Defense.
``(5) The Assistant to the President for National Security
Affairs.
``(6) The Secretary of Heath and Human Services.
``(7) The Director of the Centers for Disease Control and
Prevention.
``(8) The Secretary of Veterans Affairs.
``(9) Any additional voting members appointed by the
President.
``(c) Non-Voting Members.--The Director of the Office of Management
and Budget and the Director of Central Intelligence shall serve as a
non-voting members of the Council.
``(d) 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.
``(e) First Meeting.--The first meeting of the Council shall be
held not later than 90 days after the date of 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 implementation 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) Serve as the primary liaison between the Federal
Government and State and local entities in developing national
terrorism preparedness policies.
``(9) Designate a Federal entity to consult with, and serve
as a contact for, State and local governmental entities
implementing terrorist attack preparedness programs.
``(10) 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.
``(11) 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.
``(12) Assess all Federal terrorism preparedness programs
and ensure that each program complies with the Domestic
Terrorism Preparedness Plan.
``(13) Identify duplication, fragmentation, and overlap
within Federal terrorism preparedness programs and eliminate
such duplication, fragmentation and overlap.
``(14) Evaluate Federal emergency response assets and make
recommendations regarding the organization, need, and
geographic location of such assets.
``(15) 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).
``(16) 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.
``(17) Ensure that an analysis is conducted of the adequacy
of emergency medical preparedness in the event of a major
disaster and make recommendations based on the analysis.
``SEC. 653. DOMESTIC TERRORISM PREPAREDNESS PLAN AND ANNUAL
IMPLEMENTATION 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 Implementation 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 implementation 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 implementation 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
implementation strategy.
``(d) Consultation.--
``(1) In general.--In developing the Domestic Terrorism
Preparedness Plan and each annual implementation 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
implementation strategy;
``(B) Congress;
``(C) State and local officials;
``(D) congressionally authorized panels;
``(E) emergency preparedness organizations with
memberships that include State and local emergency
responders; and
``(F) the State and local advisory group
established pursuant to section 652(6).
``(2) Reports.--As part of the Domestic Terrorism
Preparedness Plan and each annual implementation 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 implementation
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, Energy, and
Other Infrastructure 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, energy, and other infrastructure facilities,
including passengers, personnel, and other individuals
occupying such facilities.
``(2) Contents.--In developing the plan and risk assessment
under subsection (b), the Council shall ensure that the
following 3 tasks are accomplished:
``(A) An examination of the extent to which
transportation, energy, and other infrastructure
facilities have been the target of terrorist attacks
and the extent to which such facilities are vulnerable
to such attacks.
``(B) An evaluation of Federal laws that can be
used to combat terrorist attacks against
transportation, energy, and other infrastructure
facilities, 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, energy, and other infrastructure
facilities against terrorist attacks.
``(3) Consultation.--In developing the plan and risk
assessment under subsection (b), the Council shall consult with
the heads of appropriate departments and agencies (including
the Secretary of Transportation), representatives of persons
providing transportation, representatives of employees of such
persons, and other appropriate 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 implementation 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 planning, 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 2002 and such sums as may be necessary for
each of fiscal years 2003 through 2006. Such sums shall remain
available until expended.''.
<all>