[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1453 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1453

     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 SENATE OF THE UNITED STATES

                           September 21, 2001

  Mr. Smith of New Hampshire introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``Preparedness Against Terrorism Act 
of 2001''.

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 government 
        agencies for development of a capability for early detection 
        and warning of, and response to, potential domestic terrorist 
        attacks involving a weapon 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 are--
            (1) to coordinate and make more effective Federal efforts 
        to assist State and local emergency preparedness and response 
        personnel in preparation for domestic terrorist attacks;
            (2) to designate a lead entity to coordinate those Federal 
        efforts; and
            (3) to update Federal authorities to reflect the increased 
        risk of terrorist attacks.

SEC. 3. DEFINITION OF MAJOR DISASTER.

    Section 102(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (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.

    (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--
            (1) by striking ``Director'' each place it appears (other 
        than in sections 602(a)(7), 603, and 626(b)) and inserting 
        ``President''; and
            (2) in section 603, by striking ``Director of the Federal 
        Emergency Management Agency'' and inserting ``President''.
    (b) Delegation of Emergency Preparedness Responsibilities.--Section 
611(c) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196(c)) is amended--
            (1) by striking ``With the approval of the President, the'' 
        and inserting ``The'';
            (2) by striking ``other departments'' and inserting 
        ``departments''; and
            (3) by striking ``responsibilities and review'' and 
        inserting ``responsibilities. The President shall review''.
    (c) Rules and Regulations.--Section 621(g) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5197(g)) is amended by striking the second sentence.
    (d) Use of Existing Facilities.--Section 623 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197b) 
is amended--
            (1) by striking paragraph (1);
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (1) and (2), respectively; and
            (3) in paragraph (2) (as redesignated by paragraph (2))--
                    (A) by striking ``other''; and
                    (B) by striking ``unless'' and all that follows 
                through ``shall determine'' and inserting ``unless the 
                President determines''.
    (e) Annual Report to Congress.--Section 624 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197c) 
is amended by striking ``to the President and Congress'' and inserting 
``to Congress''.

SEC. 5. DEFINITIONS.

    (a) Hazard.--Section 602(a)(1)(B) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)(1)(B)) 
is amended by inserting before the period at the end the following: ``, 
including a domestic terrorist attack involving a weapon of mass 
destruction or cybertechnology''.
    (b) Emergency Preparedness.--Section 602(a)(3)(A) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5195a(a)(3)(A)) is amended by inserting ``the predeployment of those 
and other essential resources (including personnel),'' before ``the 
provision of suitable warning systems,''.
    (c) Director.--Section 602(a) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)) is amended--
            (1) by striking paragraph (7); and
            (2) by redesignating paragraphs (8), (9), and (10) as 
        paragraphs (7), (8), and (9), respectively.
    (d) Weapon of Mass Destruction.--Section 602(a) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5195a(a)) (as amended by subsection (c)) 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) 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5196(b)) is amended--
            (1) by striking ``The'' and all that follows through 
        ``prepare'' and inserting the following:
            ``(1) In general.--The President shall prepare'';
            (2) by striking ``To'' and inserting the following:
            ``(2) Requests for reports on state plans and operations.--
        To''; and
            (3) by adding at the end the following:
            ``(3) Response to terrorism.--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 a weapon of mass destruction or 
        cybertechnology.''.
    (b) Emergency Preparedness Measures.--Section 611(e) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (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) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (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 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5196d) is repealed.
    (b) Security Regulations.--Section 622 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197a) is 
repealed.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    Section 626 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5197e) is amended--
            (1) in subsection (a), by striking ``the provisions of this 
        title'' and inserting ``subtitle A and this subtitle'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following:
    ``(b) Priorities.--Amounts made available under subsection (a) 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)(1)(D).''.

SEC. 9. 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--Domestic Terrorism Preparedness

``SEC. 651. DEFINITIONS.

    ``In this subtitle:
            ``(1) Annual implementation strategy.--The term `Annual 
        Implementation Strategy' means a strategy developed by the 
        Executive Director under section 656.
            ``(2) Council.--The term `Council' means the Council on 
        Domestic Terrorism Preparedness established by section 652.
            ``(3) Domestic terrorism preparedness plan.--The term 
        `Domestic Terrorism Preparedness Plan' means the plan developed 
        by the Executive Director under section 655.
            ``(4) End state of preparedness.--The term `end state of 
        preparedness' means the end state of preparedness defined by 
        the Council under section 655(b)(3).
            ``(5) Executive director.--The term `Executive Director' 
        means the Executive Director of the Office of National 
        Preparedness appointed under section 653.
            ``(6) Office.--The term `Office' means the Office of 
        National Preparedness established by section 653.
            ``(7) Training and exercise program.--The term `training 
        and exercise program' includes a grant program to enhance the 
        capabilities of State and local emergency preparedness and 
        response personnel with respect to terrorist attacks.

``SEC. 652. ESTABLISHMENT OF COUNCIL.

    ``(a) In General.--There is established a council to be known as 
the `Council on Domestic Terrorism Preparedness'.
    ``(b) Duties.--In accordance with this subtitle, the Council 
shall--
            ``(1) establish the policies, objectives, and priorities of 
        the Federal Government for the enhancement of domestic 
preparedness for the consequences of terrorist attacks; and
            ``(2) oversee the implementation of those policies, 
        objectives, and priorities.
    ``(c) Members.--The Council shall be composed of the following 
members:
            ``(1) The President.
            ``(2) The Director of the Federal Emergency Management 
        Agency.
            ``(3) The Executive Director.
            ``(4) The Attorney General.
            ``(5) The Secretary of Defense.
            ``(6) The Secretary of Health and Human Services.
            ``(7) The Secretary of Veterans Affairs.
            ``(8) The Secretary of Transportation.
            ``(9) The Secretary of the Treasury.
            ``(10) The Secretary of Energy.
            ``(11) The Administrator of the Environmental Protection 
        Agency.
            ``(12) The Director of the Office of Management and Budget.
            ``(13) The Director of Central Intelligence.
            ``(14) The Assistant to the President for National Security 
        Affairs.
            ``(15) Any additional members appointed by the President.
    ``(d) Chairperson.--
            ``(1) In general.--The President shall serve as the 
        Chairperson of the Council.
            ``(2) Executive chairperson.--
                    ``(A) In general.--At the direction of the 
                President, the Executive Director shall serve as the 
                Executive Chairperson of the Council.
                    ``(B) Representation of president.--The Executive 
                Chairperson shall represent the President as the 
                Chairperson of the Council, including in communications 
                with Congress and Governors of States.
                    ``(C) Limitation.--No member of the Council other 
                than the Executive Director may serve as the Executive 
                Chairperson.
    ``(e) Meetings.--
            ``(1) First meeting.--The first meeting of the Council 
        shall be held not later than 90 days after the date of 
        enactment of this subtitle.
            ``(2) Number of meetings.--The Council shall meet at least 
        twice each year.
    ``(f) Staff.--The Executive Director shall provide to the Council, 
on a reimbursable basis, such staff and other administrative support 
services as the Council may request.

``SEC. 653. ESTABLISHMENT OF OFFICE OF NATIONAL PREPAREDNESS.

    ``(a) In General.--There is established in the Federal Emergency 
Management Agency an office to be known as the `Office of National 
Preparedness'.
    ``(b) Appointment of Executive Director.--
            ``(1) In general.--The head of the Office shall be the 
        Executive Director of the Office of National Preparedness, who 
        shall be appointed by the President, by and with the advice and 
        consent of the Senate.
            ``(2) Compensation.--Subject to appropriation Acts, the 
        Executive Director shall be paid at the annual rate of basic 
        pay prescribed for level II of the Executive Schedule under 
        section 5313 of title 5, United States Code.
    ``(c) Duties of Executive Director.--In accordance with this 
subtitle, the Executive Director shall coordinate the activities of the 
Federal Government and State and local government agencies in the 
implementation of the policies, objectives, and priorities established 
by the Council.
    ``(d) Coordination With State and Local Government Agencies.--
            ``(1) In general.--In carrying out the duties of the 
        Executive Director under this subtitle, the Executive Director 
        shall--
                    ``(A) serve as the primary liaison between the 
                Federal Government and State and local government 
                agencies in developing national terrorism preparedness 
                policies; and
                    ``(B) serve as the Federal contact for State and 
                local government agencies that implement terrorist 
                attack preparedness programs.
            ``(2) Designation of regional contacts.--In serving as the 
        Federal contact under paragraph (1)(B), the Executive Director 
        shall designate an officer or employee of the Federal Emergency 
        Management Agency in each of the 10 regions of the Agency to 
        serve as the Federal contact for that region.
    ``(e) Use of Existing Resources.--In carrying out the duties of the 
Executive Director under this subtitle, the Executive Director shall--
            ``(1) to the extent practicable, rely on existing 
        resources, including planning documents, equipment lists, and 
        program inventories; and
            ``(2) consult with and use--
                    ``(A) existing Federal interagency boards and 
                committees;
                    ``(B) existing government agencies; and
                    ``(C) nongovernmental organizations.
    ``(f) Detail of Employees.--Upon the request of a Federal agency, 
the Executive Director may detail, on a reimbursable basis, any of the 
personnel of the Office to assist the Federal agency in carrying out 
the duties of the Federal agency under the Domestic Terrorism 
Preparedness Plan.

``SEC. 654. STATEMENT OF FEDERAL POLICIES, OBJECTIVES, AND PRIORITIES.

    ``Not later than 180 days after the date of enactment of this 
subtitle, the Council shall issue a written statement of the policies, 
objectives, and priorities of the Federal Government for enhancing the 
capabilities of State and local emergency preparedness and response 
personnel in--
            ``(1) early identification of domestic terrorist attacks; 
        and
            ``(2) preparation for, and response to, the consequences of 
        domestic terrorist attacks, including attacks involving weapons 
        of mass destruction.

``SEC. 655. DOMESTIC TERRORISM PREPAREDNESS PLAN.

    ``(a) Development of Plan.--Not later than 180 days after the date 
on which the Council issues a written statement of policies, 
objectives, and priorities under section 654, the Executive Director 
shall develop and submit to the Council for approval a plan to be known 
as the `Domestic Terrorism Preparedness Plan'.
    ``(b) Contents.--The Domestic Terrorism Preparedness Plan shall 
include--
            ``(1) a plan for implementing the policies, objectives, and 
        priorities established by the Council under section 654;
            ``(2) a description of the specific role of each Federal 
        agency, and the roles of State and local government agencies, 
        under the plan developed under paragraph (1); and
            ``(3) a definition of an end state of preparedness for 
        emergency responders that specifies measurable, minimum 
        standards of acceptability for domestic preparedness for the 
        consequences of a terrorist attack.
    ``(c) Requirements for Implementation Plan.--The implementation 
plan developed under subsection (b)(1) shall--
            ``(1) be based on a threat, risk, and capability 
        assessment;
            ``(2) be developed using an all-hazards approach; and
            ``(3) include measurable objectives to be achieved in each 
        of the following 5 years for enhancing domestic preparedness 
        for the consequences of a terrorist attack.
    ``(d) Evaluation of Federal Response Teams.--
            ``(1) In general.--In preparing the description of agency 
        roles under subsection (b)(2), the Executive Director shall 
        evaluate--
                    ``(A) each Federal response team and the assistance 
                that the team offers to State and local emergency 
                response personnel when responding to the consequences 
                of a terrorist attack; and
                    ``(B) other Federal emergency response assets, 
                including the organization, needs, and geographic 
                location of the assets.
            ``(2) Assistance following achievement of end state of 
        preparedness.--The evaluation under paragraph (1) shall include 
        an assessment of how Federal response teams will assist State 
        and local emergency personnel after the personnel has achieved 
        the end state of preparedness.
    ``(e) Consultation.--
            ``(1) In general.--In developing the Domestic Terrorism 
        Preparedness Plan and each Annual Implementation Strategy, the 
        Executive Director shall consult with--
                    ``(A) the Council;
                    ``(B) the head of each Federal agency that will 
                have responsibilities under the Domestic Terrorism 
                Preparedness Plan or Annual Implementation Strategy;
                    ``(C) Congress;
                    ``(D) State and local officials;
                    ``(E) appropriate congressionally authorized 
                panels;
                    ``(F) emergency preparedness organizations with 
                memberships that include State and local emergency 
                responders; and
                    ``(G) the State and local advisory group 
                established under section 660.
            ``(2) Reports.--As part of the Domestic Terrorism 
        Preparedness Plan and each Annual Implementation Strategy, the 
        Executive Director shall include a written statement that 
        specifies--
                    ``(A) the persons consulted under this subsection; 
                and
                    ``(B) the recommendations made by those persons.
    ``(f) Role of the District of Columbia.--In developing and carrying 
out the Domestic Terrorism Preparedness Plan and each Annual 
Implementation Strategy, the Executive Director shall work in 
cooperation with the Mayor of the District of Columbia for the purpose 
of integrating the District of Columbia into the planning, 
coordination, and execution of the activities of the Federal Government 
for the enhancement of domestic preparedness for the consequences of 
terrorist attacks.
    ``(g) Approval by Council.--
            ``(1) In general.--After receiving the Domestic Terrorism 
        Preparedness Plan under subsection (a), the Council shall 
        review and, subject to paragraph (2), approve the plan.
            ``(2) Modifications.--
                    ``(A) In general.--Before approving the plan, the 
                Council may require the Executive Director to make 
                modifications to the plan.
                    ``(B) Resubmission to council.--Upon making the 
                modifications, the Executive Director shall resubmit 
                the plan to the Council for approval.
    ``(h) Submission to Congress.--After the Domestic Terrorism 
Preparedness Plan has been approved by the Council, the Executive 
Director shall submit the plan to--
            ``(1) the Committee on Transportation and Infrastructure of 
        the House of Representatives; and
            ``(2) the Committee on Environment and Public Works of the 
        Senate.

``SEC. 656. ANNUAL IMPLEMENTATION STRATEGY.

    ``(a) In General.--Not later than 180 days after the date on which 
the Council issues a written statement of policies, objectives, and 
priorities under section 654, and annually thereafter for 4 years, the 
Executive Director shall develop and submit to the Council for approval 
an Annual Implementation Strategy for carrying out the Domestic 
Terrorism Preparedness Plan in the following fiscal year.
    ``(b) Contents.--Each Annual Implementation Strategy shall 
include--
            ``(1) an inventory of training and exercise programs, 
        response teams, and other programs and activities related to 
        domestic preparedness for the consequences of a terrorist 
        attack conducted by Federal agencies in the preceding fiscal 
        year that--
                    ``(A) consists of a complete description and 
                assessment of each of the programs and activities, 
                including the funding level for, purpose of, and goal 
                to be achieved by each of the programs and activities; 
                and
                    ``(B) includes a determination as to whether any of 
                the programs or activities are duplicative, fragmented, 
                or overlapping;
            ``(2) if the Executive Director determines under paragraph 
        (1)(B) that certain programs and activities are duplicative, 
        fragmented, or overlapping, a detailed plan for consolidating, 
        eliminating, or modifying the programs and activities;
            ``(3)(A) an inventory of training and exercise programs, 
        response teams, and other programs and activities to be 
        conducted by Federal agencies in the following fiscal year 
        under the Domestic Terrorism Preparedness Plan, including 
        provision for implementation of any plan developed under 
        paragraph (2); and
            ``(B) measurable objectives to be achieved in that fiscal 
        year for enhancing domestic preparedness for the consequences 
        of a terrorist attack; and
            ``(4) a complete assessment of how resource allocation 
        recommendations developed under section 657(a) are intended to 
        implement the Annual Implementation Strategy.
    ``(c) Approval by Council.--
            ``(1) In general.--After receiving an Annual Implementation 
        Strategy under subsection (a), the Council shall review and, 
        subject to paragraph (2), approve the Annual Implementation 
        Strategy.
            ``(2) Modifications.--
                    ``(A) In general.--Before approving the Annual 
                Implementation Strategy, the Council may require the 
                Executive Director to make modifications to the Annual 
                Implementation Strategy.
                    ``(B) Resubmission to council.--Upon making the 
                modifications, the Executive Director shall resubmit 
                the Annual Implementation Strategy to the Council for 
                approval.
    ``(d) Submission to Congress.--On the date of submission of the 
Domestic Terrorism Preparedness Plan and, in each of the following 4 
fiscal years, on the date on which the President submits an annual 
budget to Congress in accordance with section 1105(a) of title 31, 
United States Code, the Executive Director shall submit an Annual 
Implementation Strategy that has been approved by the Council to--
            ``(1) the Committee on Transportation and Infrastructure of 
        the House of Representatives; and
            ``(2) the Committee on Environment and Public Works of the 
        Senate.
    ``(e) Presentation of Classified Information.--Any part of the 
Domestic Terrorism Preparedness Plan or an Annual Implementation 
Strategy that involves information properly classified under criteria 
established by an Executive order shall be presented to Congress 
separately.
    ``(f) Monitoring.--The Executive Director, with the assistance of 
the Inspector General of any Federal agency as necessary, shall monitor 
the implementation of the Domestic Terrorism Preparedness Plan and each 
Annual Implementation Strategy, including by conducting program and 
performance audits and evaluations.

``SEC. 657. NATIONAL DOMESTIC PREPAREDNESS BUDGET.

    ``(a) Recommendations Concerning Resource Allocations.--
            ``(1) Recommendations of federal agencies.--Each Federal 
        Government program manager and agency head with 
        responsibilities under the Domestic Terrorism Preparedness Plan 
        shall submit to the Executive Director for each fiscal year 
        recommended resource allocations for programs and activities 
        relating to those responsibilities on or before the earlier 
        of--
                    ``(A) the 45th day before the date of the budget 
                submission of the Federal 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) Recommendations of executive director.--
                    ``(A) In general.--For each fiscal year, the 
                Executive Director shall--
                            ``(i) develop recommendations concerning 
                        resource allocations for each program and 
                        activity identified in the Annual 
                        Implementation Strategy for that fiscal year; 
                        and
                            ``(ii) submit those recommendations to the 
                        Council for approval.
                    ``(B) Types of recommendations.--The 
                recommendations of the Executive Director under 
                subparagraph (A) may include recommendations 
                concerning--
                            ``(i) changes in the organization, 
                        management, and resource allocations of Federal 
                        agencies; and
                            ``(ii) the allocation of personnel to and 
                        within the Federal agencies;
                as appropriate to implement the Domestic Terrorism 
                Preparedness Plan.
            ``(3) Approval of executive director's recommendations by 
        council.--
                    ``(A) In general.--After receiving the 
                recommendations of the Executive Director under 
                paragraph (2), the Council shall review and, subject to 
                subparagraph (B), approve the recommendations.
                    ``(B) Modifications.--
                            ``(i) In general.--Before approving the 
                        recommendations of the Executive Director, the 
                        Council may require the Executive Director to 
                        make modifications to the recommendations.
                            ``(ii) Resubmission to council.--Upon 
                        making the modifications, the Executive 
                        Director shall resubmit the recommendations to 
                        the Council for approval.
            ``(4) Submission of executive director's recommendations to 
        relevant federal agencies and omb.--
                    ``(A) In general.--The Executive Director shall 
                submit recommendations that have been approved by the 
                Council to the relevant Federal agencies and to the 
                Director of the Office of Management and Budget.
                    ``(B) Consideration of executive director's 
                recommendations by omb in formulation of annual 
                budget.--The Director of the Office of Management and 
                Budget shall--
                            ``(i) consider the recommendations 
                        submitted under subparagraph (A) in formulating 
                        the annual budget of the President submitted to 
                        Congress under section 1105(a) of title 31, 
                        United States Code; and
                            ``(ii) provide to the Executive Director a 
                        written explanation in any case in which the 
                        Director of the Office of Management and Budget 
                        does not accept such a recommendation.
    ``(b) Records.--For any fiscal year, the Executive Director shall--
            ``(1) maintain records concerning recommendations made and 
        written explanations received under this section; and
            ``(2) provide those records to Congress upon request, but 
        not earlier than the date of submission to Congress of the 
        annual budget of the President for the fiscal year under 
        section 1105(a) of title 31, United States Code.

``SEC. 658. CERTIFICATION OF PROGRAMS.

    ``(a) Criteria.--
            ``(1) Establishment by council.--Not later than 180 days 
        after the date of enactment of this subtitle, the Council shall 
        establish written criteria for the certification of--
                    ``(A) programs under which Federal response teams 
                assist State and local emergency response personnel in 
                responding to the consequences of terrorist attacks; 
                and
                    ``(B) training and exercise programs of Federal 
                agencies to enhance the capabilities of State and local 
                emergency preparedness and response personnel with 
                respect to terrorist attacks.
            ``(2) Elimination of duplication, fragmentation, and 
        overlap.--The criteria shall seek to eliminate duplication, 
        fragmentation, and overlap in the programs referred to in 
        paragraph (1).
    ``(b) Certification of Programs.--
            ``(1) Review.--Not later than 180 days after the date on 
        which the Council issues written criteria for the certification 
        of programs under subsection (a), the Executive Director, in 
        consultation with the Administrator of the United States Fire 
        Administration, shall conduct a review of each program 
        described in subsection (a).
            ``(2) Certification.--Upon completing a review of a program 
        under paragraph (1), the Executive Director shall certify or 
        deny certification of the program based on the written criteria 
        established by the Council under subsection (a).
            ``(3) Extension of deadline.--The Executive Director, as 
        necessary, may extend the deadline established by paragraph (1) 
        with respect to a program for a period of not more than 180 
        days.
    ``(c) Review of Certified Programs.--
            ``(1) Timing of reviews.--A program that is certified by 
        the Executive Director under subsection (b) shall be reviewed 
        by the Executive Director on or before--
                    ``(A) June 15 of the third fiscal year beginning 
                after the date of certification; and
                    ``(B) June 15 of each third fiscal year thereafter.
            ``(2) Recertification.--Upon completing a review of a 
        program under paragraph (1), the Executive Director shall 
        recertify or deny recertification of the program based on the 
        written criteria established by the Council under subsection 
        (a).
    ``(d) Appeals to Council.--
            ``(1) In general.--A Federal agency that is conducting a 
        program for which certification or recertification is denied by 
        the Executive Director under this section may appeal the 
        decision of the Executive Director to the Council under 
        procedures to be developed by the Council.
            ``(2) Final determination.--
                    ``(A) Review by council.--Upon review of the 
                appeal, the Council shall affirm or reverse the 
                decision of the Executive Director.
                    ``(B) Finality.--The decision of the Council to 
                affirm or reverse shall be final.
    ``(e) Effect of Denials.--The Executive Director may not include in 
the budget recommendations of the Executive Director under section 657 
a budget request for a program if the Executive Director has denied 
certification or recertification of the program under this section 
unless the decision of the Executive Director to deny certification or 
recertification has been reversed by the Council under subsection (d).

``SEC. 659. COORDINATION WITH FEDERAL AGENCIES.

    ``(a) Requests for Assistance.--The head of each Federal agency 
with responsibilities under the Domestic Terrorism Preparedness Plan 
shall--
            ``(1) cooperate with the Council and the Executive 
        Director; and
            ``(2) subject to laws governing disclosure of information, 
        provide such assistance, information, and advice as the Council 
        and the Executive Director may request.
    ``(b) Notification in Cases of Noncompliance.--The Executive 
Director shall--
            ``(1) notify a Federal agency in writing if the Executive 
        Director finds that the policies of the Federal agency are not 
        in compliance with the responsibilities of the Federal agency 
        under the Domestic Terrorism Preparedness Plan; and
            ``(2) submit any such notification to--
                    ``(A) the Council;
                    ``(B) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    ``(C) the Committee on Environment and Public Works 
                of the Senate.
    ``(c) Certification of Policy Changes.--
            ``(1) In general.--
                    ``(A) Notification.--The head of each Federal 
                agency with responsibilities under the Domestic 
                Terrorism Preparedness Plan shall, unless exigent 
                circumstances require otherwise, notify the Council and 
                the Executive Director in writing concerning any 
                proposed change in policies relating to the activities 
                of the Federal agency under the Domestic Terrorism 
                Preparedness Plan not less than 30 days before 
                implementing the change.
                    ``(B) Review and certification.--During the 30-day 
                period beginning on the date of receipt of notification 
                of a proposed change under subparagraph (A), the 
                Executive Director, in coordination with the Council, 
                shall--
                            ``(i) review the change; and
                            ``(ii) subject to the approval of the 
                        Council, certify to the Federal agency head in 
                        writing whether the change is consistent with 
                        the Domestic Terrorism Preparedness Plan.
            ``(2) Exigent circumstances.--
                    ``(A) Notification.--If prior notice of a proposed 
                change under paragraph (1) is not practicable due to 
                exigent circumstances, the Federal agency head shall 
                notify the Council and the Executive Director as soon 
                as practicable.
                    ``(B) Review and certification.--During the 30-day 
                period beginning on the date of receipt of notification 
                of a proposed change under subparagraph (A), the 
                Executive Director, in coordination with the Council, 
                shall--
                            ``(i) review the change; and
                            ``(ii) subject to the approval of the 
                        Council, certify to the Federal agency head in 
                        writing whether the change is consistent with 
                        the Domestic Terrorism Preparedness Plan.
            ``(3) New programs and reallocations of resources.--Policy 
        changes subject to this subsection shall include the 
        establishment of a new program or office or reallocation of 
        resources (including Federal response teams) to enhance the 
capabilities of State and local emergency preparedness and response 
personnel with respect to terrorist attacks.

``SEC. 660. STATE AND LOCAL ADVISORY GROUP.

    ``(a) Establishment.--The Executive Director shall provide for the 
establishment of a State and local advisory group for the Office.
    ``(b) Members.--The advisory group shall be composed of individuals 
involved in State and local emergency preparedness for, and response 
to, the consequences of terrorist attacks.
    ``(c) Voluntary Guidelines.--
            ``(1) In general.--The Executive Director shall provide for 
        the establishment by the State and local advisory group of 
        voluntary guidelines for the terrorist attack preparedness 
        programs of State and local government agencies for the purpose 
        of providing guidance in the development and implementation of 
        those programs.
            ``(2) Contents of guidelines.--The guidelines developed 
        under paragraph (1) shall address planning, equipment, 
        exercises, and training to achieve the end state of 
        preparedness.

``SEC. 661. ANNUAL COMPILATION OF THREAT AND RISK ASSESSMENTS.

    ``The Council shall annually compile the results of threat and risk 
assessments conducted by Federal agencies for use by the Council in 
ensuring the adequacy of the Domestic Terrorism Preparedness Plan and 
Annual Implementation Strategies.

``SEC. 662. REVIEW OF STATE AND LOCAL PROGRAMS AND OTHER DUTIES OF THE 
              EXECUTIVE DIRECTOR.

    ``(a) Biennial Review of State and Local Programs.--The Executive 
Director shall--
            ``(1) ensure that a biennial review is conducted of the 
        terrorist attack preparedness programs of State and local 
        government agencies; and
            ``(2) provide recommendations to the agencies based on the 
        reviews.
    ``(b) Analysis of Adequacy of Emergency Medical Preparedness.--
            ``(1) In general.--The Executive Director shall--
                    ``(A) ensure that an analysis is conducted of the 
                adequacy of emergency medical preparedness in the event 
                of a major disaster; and
                    ``(B) make recommendations based on the analysis.
            ``(2) Report.--The Executive Director shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report that contains--
                    ``(A) the results of the analysis under paragraph 
                (1)(A); and
                    ``(B) the recommendations of the Executive Director 
                under paragraph (1)(B).
    ``(c) Policies Concerning Financial Assistance to States.--Subject 
to the approval of the Council, the Executive Director shall establish 
and publish general policies concerning financial assistance to States 
based on--
            ``(1) the potential risk and threat of terrorist attacks in 
        the State;
            ``(2) the capabilities of the State to respond to the 
        consequences of terrorist attacks; and
            ``(3) the ability of the State to achieve the end state of 
        preparedness.
    ``(d) Curriculum of Federal Training and Exercise Programs.--After 
completion of the certification of Federal training and exercise 
programs under section 658, the Executive Director shall publish, and 
update as necessary, a curriculum of the programs to assist State and 
local emergency preparedness and response personnel in achieving the 
end state of preparedness.
    ``(e) National Security Council Efforts.--
            ``(1) Meetings.--In the role of the Executive Director as 
        principal adviser to the National Security Council on Federal 
        efforts to assist State and local government agencies in 
        domestic terrorist attack preparedness matters, and subject to 
        the direction of the President, the Executive Director may 
        attend and participate in meetings of the National Security 
        Council.
            ``(2) Working group structure.--Subject to the direction of 
        the President, the Executive Director may participate in the 
        working group structure of the National Security Council.

``SEC. 663. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this subtitle--
            ``(1) $30,000,000 for fiscal year 2002; and
            ``(2) such sums as are necessary for each of fiscal years 
        2003 through 2006.
    ``(b) Availability.--Sums made available under subsection (a) shall 
remain available until expended.''.
                                 <all>