[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2061 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2061

To establish a national response to terrorism, a national urban search 
and rescue task force program to ensure local capability to respond to 
the threat and aftermath of terrorist activities and other emergencies, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2002

   Mr. Bond introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To establish a national response to terrorism, a national urban search 
and rescue task force program to ensure local capability to respond to 
the threat and aftermath of terrorist activities and other emergencies, 
                        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 ``National Response to Terrorism and 
Consequence Management Act of 2002''.

   TITLE I--CAPACITY BUILDING FOR URBAN SEARCH AND RESCUE TASK FORCES

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Urban Search and Rescue 
Task Force Assistance Act of 2002''.

SEC. 102. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) the Federal Emergency Management Agency (FEMA) 
        established the National Urban Search and Rescue Response 
        System in 1989 pursuant to requirement in the Earthquakes 
        Hazards Reduction Act of 1977 which directed FEMA to provide 
        adequate search and rescue capacity in the event of an 
        earthquake;
            (2) once the President has issued a major disaster 
        declaration following a request by a governor, FEMA may 
        activate up to three task forces that are closest to the 
        disaster and additional task forces may be activated as 
        necessary;
            (3) each task force must be able to deploy all personnel 
        and equipment within six hours of activation and are expected 
        to be able to sustain themselves for the first 72 hours of 
        operations;
            (4) each task force must be capable of deploying at least 
        62 fully trained individuals, with each position staffed three 
        deep to ensure the availability of at least two alternatives 
        available in reserve for each position for a total of 186 
        members in each task force;
            (5) task forces are supported by Incident Support Teams 
        which provide technical assistance to state and local emergency 
        managers, coordinate the activities of multiple task forces, 
        and provide logistical support;
            (6) in fiscal year 2001, FEMA provided $7,200,000 to the 
        task forces for training and equipment, allocated according to 
        need;
            (7) in fiscal year 2001, FEMA provided some $6,000,000 for 
        upgrading the capability of six task forces to respond to 
        disaster resulting from the use of weapons of mass destruction, 
        including the capacity to search and provide assistance in an 
        environment with chemical, biological, or radiological 
        contamination;
            (8) there currently are 28 task forces throughout the 
        United States;
            (9) since the terrorist attacks of September 11, 2001, the 
        need for fully equipped and trained task forces is obvious;
            (10) by noon of September 12, 2001, eight task forces were 
        working valiantly with the courageous New York firefighters to 
        address the aftermath of the terrorist attacks on the World 
        Trade Center, four task forces responded to the attacks on the 
        Pentagon, and 25 of 28 task forces were deployed over a three-
        week period;
            (11) each task force is currently in need of additional 
        training and support equipment with each task force being 
        deployed with some 80,000 pounds of search, rescue, and support 
        equipment valued at some $1,800,000;
            (12) each task force is supported by some $150,000 per year 
        in operating costs with needs of approximately $1,500,000 to 
        maintain optimum operational efficiency;
            (13) many task forces have inadequate transportation to 
        ensure a timely response to disasters, including acts of 
        terrorism;
            (14) the cost of maintaining FEMA's Incident Support Teams 
        as part of the search and rescue task forces is $5,000,000 per 
        year;
            (15) the Federal Government needs to ensure that each task 
        force is adequately trained and equipped to perform urban 
        search and rescue functions in all environments, including the 
        aftermath from acts of terrorism involving weapons of mass 
        destruction;
            (16) the Federal Government needs to ensure that each task 
        force has adequate equipment to meet all operational needs and 
        staff support;
            (17) the Federal Government needs to ensure that each task 
        force has the capability to put two full teams in the field to 
        meet any disaster or act of terrorism;
            (18) the Federal Government needs to ensure that designated 
        task forces have the capability to deploy internationally to 
        provide search and rescue functions vital to our interests and 
        those of our allies; and
            (19) while these task forces were originally created for 
        earthquake response, these highly capable task forces have an 
        expanding and vital role in responding to acts of terrorism, 
        including those involving weapons of mass destruction.
    (b) Purpose.--The purpose of this act is to provide the needed 
funds, equipment, and training to ensure that all urban search and 
rescue task forces have the full capability to respond to all emergency 
search and rescue needs arising from any disaster, including acts of 
terrorism involving a weapon of mass destruction.

SEC. 103. DEFINITIONS.

    For purposes of this title, the following definitions apply:
            (1) The term ``Director'' shall mean the Director of the 
        Federal Emergency Management Agency.
            (2) The term ``urban search and rescue task force'' shall 
        be any of the 28 urban search and rescue task forces currently 
        designated by FEMA.
            (3) The term ``urban search and rescue equipment'' means 
        any equipment, determined by the Director, as necessary to 
        respond to any emergency, designated as a disaster by the 
        President of the United States, including any emergency for 
        which the proximate cause is a terrorist act, including 
        biological, nuclear/radioactive, or chemical terrorism.

SEC. 104. ASSISTANCE.

    (a) Eligible Activities.--The Director may provide one or more 
grants to each urban search and rescue task forces for--
            (1) operational costs in excess of the funds provided under 
        subsection (b) of this section;
            (2) the cost of all needed urban search and rescue 
        equipment;
            (3) the cost of equipment needed to allow a task force to 
        operate in an environment contaminated by weapons of mass 
        destruction, including chemical, biological, and nuclear/
        radioactive contaminants;
            (4) the cost of training, including training for operating 
        in an environment contaminated by weapons of mass destruction, 
        including chemical, biological, and nuclear/radioactive 
        weapons;
            (5) the cost of transportation;
            (6) the cost of task force expansion;
            (7) the cost of Incident Support Teams, including the cost 
        to conduct appropriate task force readiness evaluations; and
            (8) the cost of making task forces capable of responding to 
        international disasters, including acts of terrorism.
    (b) Cost of Operations.--The Director shall provide not less than 
$1,500,000 for operational costs to each urban search and rescue task 
force in each fiscal year.
    (c) Priority for Funding.--The Director shall prioritize all 
funding under this section to ensure that all urban search and rescue 
task forces have the capacity, including all needed equipment and 
training, to deploy two separate task forces simultaneously from each 
sponsoring agency.
    (d) Funding Requirements for International Search and Rescue 
Teams.--The Director shall only make grants to fund subsection (a)(8) 
upon a determination of need by the Director or to maintain existing 
capacity, according to criteria established by the Secretary of State 
in coordination with the Director.

SEC. 105. GRANT REQUIREMENTS.

    The Director shall establish such requirements as necessary to 
award grants under this Act.

SEC. 106. TECHNICAL ASSISTANCE FOR COORDINATION.

    The Director may award no more than four percent of the funds 
appropriated for any fiscal year under section 109 for technical 
assistance to allow urban search and rescue task forces to coordinate 
with other agencies and organizations, including career and volunteer 
fire departments, to meet state and local disasters, including those 
resulting from acts of terrorism involving the use of a weapon of mass 
destruction including chemical, biological, and nuclear/radioactive 
weapons.

SEC. 107. ADDITIONAL TASK FORCES.

    The Director is authorized to establish additional urban search and 
rescue teams pursuant to a finding of need. No additional urban search 
and resuce teams may be designated or funded until the first 28 teams 
are fully funded and able to deploy simultaneously two task forces from 
each sponsoring agency with all necessary equipment, training, and 
transportation.

SEC. 108. PERFORMANCE OF SERVICES.

    For purposes of ensuring the effectiveness of the urban search and 
resuce task forces assisted under this Act, the Director may use the 
authority under section 306 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act of 1988, as amended (42 U.S.C. 5149), to 
incur any additional obligations as determined necessary by the 
Director. Such obligations may include the cost of temporary 
employment, workmen compensation, insurance, and other compensation for 
work-related injuries consistent with memorandums of understanding 
agreed to between the Director and the task forces.

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $160,000,000 for fiscal year 
2002 of which each task force is to receive not less than $1,500,000 
for operational costs (including the costs of basic search and rescue 
equipment).

     TITLE II--PROMOTE THE CONTRIBUTION OF EQUIPMENT TO VOLUNTEER 
                        FIREFIGHTING DEPARTMENTS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Good Samaritan Volunteer 
Firefighter Assistance Act of 2002''.

SEC. 202. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE 
              DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES.

    (a) Liability Protection.--A person who donates fire control or 
fire rescue equipment to a volunteer fire company shall not be liable 
for civil damages under any State or Federal law for personal injuries, 
property damage or loss, or death proximately caused by the equipment 
after the donation.
    (b) Exceptions.--Subsection (a) does not apply to a person if--
            (1) the person's act or omission proximately causing the 
        injury, damage, loss, or death constitutes gross negligence or 
        intentional misconduct; or
            (2) the person is the manufacturer of the fire control or 
        fire rescue equipment.
    (c) Preemption.--This Act preempts the laws of any State to the 
extent such laws are inconsistent with this Act, except that 
notwithstanding subsection (b), this Act shall not preempt any State 
law that provides additional protection from liability for a person who 
donates fire control or fire rescue equipment to a volunteer fire 
company.
    (d) Certification of Safety by State Fire Marshal.--The State shall 
designate its State Fire Marshal or equivalent person to certify the 
safety and usefulness of the fire control or fire rescue equipment that 
is being donated.
    (e) Definitions.--In this section:
            (1) Person.--The term ``person'' includes any governmental 
        or other entity.
            (2) Fire control or rescue equipment.--The term ``fire 
        control or fire rescue equipment'' includes any fire vehicle, 
        fire fighting tool, emergency medical equipment, protective 
        gear, fire hose, or breathing apparatus.
            (3) Gross negligence.--The term ``gross negligence'' shall 
        mean voluntary and conscious conduct harmful to the health or 
        well-being of another person by a person who, at the time of 
        the conduct, knew that the conduct was likely to be harmful to 
        the health or well-being of another person.
            (4) Intentional misconduct.--The term ``intentional 
        misconduct'' shall mean voluntary and conscious conduct harmful 
        to the health or well-being of another person by a person who, 
        at the time of the conduct, knew that the conduct was harmful 
        to the health or well-being of another person.
            (5) State.--The term ``State'' includes the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, American Samoa, 
        Guam, the Virgin Islands, any other territory, or possession of 
        the United States, and any political subdivision of any such 
        State, territory, or possession.
            (6) Volunteer fire company.--The term ``volunteer fire 
        company'' shall mean an association of individuals who provide 
        fire protection and other emergency services, where at least 30 
        percent of the individuals receive little or no compensation 
        compared with an entry level full-time paid individual in that 
        association or in the nearest such association with an entry 
        level full-time paid individual.
    (f) Effective Date.--This Act applies only to liability for injury, 
damage, loss, or death caused by equipment that, for purposes of 
subsection (a), is donated on or after the date that is 30 days after 
the date of the enactment of this Act.

  TITLE III--ESTABLISHMENT OF COORDINATION OFFICE WITHIN THE FEDERAL 
                      EMERGENCY MANAGEMENT AGENCY

SEC. 301. ESTABLISHMENT OF COORDINATION OFFICE FOR RESPONDING TO ACTS 
              OF TERRORISM.

    (a) FEMA Office for Emergency Coordination.--The Director of the 
Federal Emergency Management Agency (FEMA) shall establish or designate 
an office within FEMA to coordinate the response of State and local 
agencies, including fire departments, hospitals, and emergency medical 
facilities, to acts of terrorism, including the capacity to provide 
assistance in an environment with chemical, biological, or nuclear/
radiological contamination.
    (b) Definitions.--
            (1) The term ``Director'' shall mean the Director of the 
        Federal Emergency Management Agency.
            (2) The term ``State'' shall mean each of the States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States.
    (c) Technical Assistance Grants.--The Director is authorized to 
make grants to provide technical assistance and coordinating funding to 
States to ensure that localities, fire departments, hospitals, and 
other appropriate entities, as determined by the Director, have the 
capacity to respond to the consequences of possible acts of terrorism, 
including the capacity to provide assistance in an environment with 
chemical, biological, or nuclear/radiological contamination.
    (d) Fire and Safety Training Grants.--The Director shall award 
grants to states to operate new and existing state fire and safety 
training programs for firefighting personnel within each State.
    (e) State and Local Coordination Plans To Respond to Acts of 
Terrorism.--To be eligible for a technical assistance grant under 
subsection (c), a State must submit a plan that--
            (1) identifies an organizational hierarchy within the State 
        and at the local level for responding to acts of terrorism; and
            (2) prioritizes State and local needs for developing the 
        capacity to respond to the aftermath of acts of terrorism, 
        including the capacity to meet these needs. This plan shall be 
        developed in conjunction with police departments, fire 
        departments, hospitals, and emergency medical facilities.
    (f) Confidentiality.--The Director, in conjunction with the 
Department of Justice, shall establish appropriate guidelines and 
safeguards to ensure that any plans developed under subsection (e) have 
adequate protections to limit the availability of information that 
could put a state or locality at an additional risk of an act of 
terrorism.
    (g) Cooperation Between Agencies.--The Director shall establish a 
task force among Federal agencies for the coordination of Federal, 
State, and local resources as needed to develop a national response 
plan for responding to acts of terrorism, including the capacity to 
provide assistance in an environment with chemical, biological, or 
nuclear/radiological contamination.
    (h) Administrative Costs.--No more than five percent of any funds 
made available to a State under this title may be used for 
administrative costs.
    (i) Authorization of Appropriations.--The Director is authorized to 
use such sums as necessary from the Disaster Relief Fund to meet the 
requirements of this title, including no less than $100,000,000 for 
grants to support State fire and safety training programs under 
subsection (d). No less than 20 percent of the funds awarded under 
subsection (d) for these State fire and safety training programs shall 
be used to assist fire departments with an annual budget of no more 
than $25,000.
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