[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2664 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2664

     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to establish a program to provide assistance to enhance 
 the ability of first responders to respond to incidents of terrorism, 
  including incidents involving weapons of mass destruction, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2002

 Mr. Jeffords (for himself and 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 establish a program to provide assistance to enhance 
 the ability of first responders to respond to incidents of terrorism, 
  including incidents involving weapons of mass destruction, 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 ``First Responder Terrorism 
Preparedness Act of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Federal Government must enhance the ability of 
        first responders to respond to incidents of terrorism, 
        including incidents involving weapons of mass destruction; and
            (2) as a result of the events of September 11, 2001, it is 
        necessary to clarify and consolidate the authority of the 
        Federal Emergency Management Agency to support first 
        responders.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish within the Federal Emergency Management 
        Agency the Office of National Preparedness;
            (2) to establish a program to provide assistance to enhance 
        the ability of first responders to respond to incidents of 
        terrorism, including incidents involving weapons of mass 
        destruction; and
            (3) to address issues relating to urban search and rescue 
        task forces.

SEC. 3. DEFINITIONS.

    (a) 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 inserting ``incident of terrorism,'' after ``drought),''.
    (b) Weapon of Mass Destruction.--Section 602(a) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5196(a)) is amended by adding at the end the following:
            ``(11) Weapon of mass destruction.--The term `weapon of 
        mass destruction' has the meaning given the term in section 
        2302 of title 50, United States Code.''.

SEC. 4. ESTABLISHMENT OF OFFICE OF NATIONAL PREPAREDNESS.

    Subtitle A of title VI of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by 
adding at the end the following:

``SEC. 616. 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' (referred to in this section as the `Office').
    ``(b) Appointment of Associate Director.--
            ``(1) In general.--The Office shall be headed by an 
        Associate Director, who shall be appointed by the President, by 
        and with the advice and consent of the Senate.
            ``(2) Compensation.--The Associate Director shall be 
        compensated at the annual rate of basic pay prescribed for 
        level IV of the Executive Schedule under section 5315 of title 
        5, United States Code.
    ``(c) Duties.--The Office shall--
            ``(1) lead a coordinated and integrated overall effort to 
        build viable terrorism preparedness and response capability at 
        all levels of government;
            ``(2) establish clearly defined standards and guidelines 
        for Federal, State, tribal, and local government terrorism 
        preparedness and response;
            ``(3) establish and coordinate an integrated capability for 
        Federal, State, tribal, and local governments and emergency 
        responders to plan for and address potential consequences of 
        terrorism;
            ``(4) coordinate provision of Federal terrorism 
        preparedness assistance to State, tribal, and local 
        governments;
            ``(5) establish standards for a national, interoperable 
        emergency communications and warning system;
            ``(6) establish standards for training of first responders 
        (as defined in section 630(a)), and for equipment to be used by 
        first responders, to respond to incidents of terrorism, 
        including incidents involving weapons of mass destruction; and
            ``(7) carry out such other related activities as are 
        approved by the Director.
    ``(d) Designation of Regional Contacts.--The Associate 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 Office contact for the States in that region.
    ``(e) Use of Existing Resources.--In carrying out this section, the 
Associate Director shall--
            ``(1) to the maximum extent practicable, use 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.''.

SEC. 5. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

    (a) In General.--Subtitle B of title VI of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) 
is amended by adding at the end the following:

``SEC. 630. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the Federal Emergency Management Agency, acting through the 
        Office of National Preparedness established by section 616.
            ``(2) First responder.--The term `first responder' means--
                    ``(A) fire, emergency medical service, and law 
                enforcement personnel; and
                    ``(B) such other personnel as are identified by the 
                Director.
            ``(3) Local entity.--The term `local entity' has the 
        meaning given the term by regulation promulgated by the 
        Director.
            ``(4) Program.--The term `program' means the program 
        established under subsection (b).
    ``(b) Program To Provide Assistance.--
            ``(1) In general.--The Director shall establish a program 
        to provide assistance to States to enhance the ability of State 
        and local first responders to respond to incidents of 
        terrorism, including incidents involving weapons of mass 
        destruction.
            ``(2) Federal share.--The Federal share of the costs 
        eligible to be paid using assistance provided under the program 
        shall be not less than 75 percent, as determined by the 
        Director.
            ``(3) Forms of assistance.--Assistance provided under 
        paragraph (1) may consist of--
                    ``(A) grants; and
                    ``(B) such other forms of assistance as the 
                Director determines to be appropriate.
    ``(c) Uses of Assistance.--Assistance provided under subsection 
(b)--
            ``(1) shall be used--
                    ``(A) to purchase, to the maximum extent 
                practicable, interoperable equipment that is necessary 
                to respond to incidents of terrorism, including 
                incidents involving weapons of mass destruction;
                    ``(B) to train first responders, consistent with 
                guidelines and standards developed by the Director;
                    ``(C) in consultation with the Director, to 
                develop, construct, or upgrade terrorism preparedness 
                training facilities;
                    ``(D) to develop, construct, or upgrade emergency 
                operating centers;
                    ``(E) to develop preparedness and response plans 
                consistent with Federal, State, and local strategies, 
                as determined by the Director;
                    ``(F) to provide systems and equipment to meet 
                communication needs, such as emergency notification 
                systems, interoperable equipment, and secure 
                communication equipment;
                    ``(G) to conduct exercises; and
                    ``(H) to carry out such other related activities as 
                are approved by the Director; and
            ``(2) shall not be used to provide compensation to first 
        responders (including payment for overtime).
    ``(d) Allocation of Funds.--For each fiscal year, in providing 
assistance under subsection (b), the Director shall make available--
            ``(1) to each of the District of Columbia, Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands, $3,000,000; and
            ``(2) to each State (other than a State specified in 
        paragraph (1))--
                    ``(A) a base amount of $15,000,000; and
                    ``(B) a percentage of the total remaining funds 
                made available for the fiscal year based on criteria 
                established by the Director, such as--
                            ``(i) population;
                            ``(ii) location of vital infrastructure, 
                        including--
                                    ``(I) military installations;
                                    ``(II) public buildings (as defined 
                                in section 13 of the Public Buildings 
                                Act of 1959 (40 U.S.C. 612));
                                    ``(III) nuclear power plants;
                                    ``(IV) chemical plants; and
                                    ``(V) national landmarks; and
                            ``(iii) proximity to international borders.
    ``(e) Provision of Funds to Local Governments and Local Entities.--
For each fiscal year, not less than 75 percent of the assistance 
provided to each State under this section shall be provided to local 
governments and local entities within the State.
    ``(f) Administrative Expenses.--
            ``(1) Director.--For each fiscal year, the Director may use 
        to pay salaries and other administrative expenses incurred in 
        administering the program not more than the lesser of--
                    ``(A) 5 percent of the funds made available to 
                carry out this section for the fiscal year; or
                    ``(B)(i) for fiscal year 2003, $75,000,000; and
                    ``(ii) for each of fiscal years 2004 through 2006, 
                $50,000,000.
            ``(2) Recipients of assistance.--For each fiscal year, not 
        more than 10 percent of the funds retained by a State after 
        application of subsection (e) may be used to pay salaries and 
        other administrative expenses incurred in administering the 
        program.
    ``(g) Maintenance of Expenditures.--The Director may provide 
assistance to a State under this section only if the State agrees to 
maintain, and to ensure that each local government that receives funds 
from the State in accordance with subsection (e) maintains, for the 
fiscal year for which the assistance is provided, the aggregate 
expenditures by the State or the local government, respectively, for 
the uses described in subsection (c)(1) at a level that is at or above 
the average annual level of those expenditures by the State or local 
government, respectively, for the 2 fiscal years preceding the fiscal 
year for which the assistance is provided.
    ``(h) Reports.--
            ``(1) Annual report to the director.--As a condition of 
        receipt of assistance under this section for a fiscal year, a 
        State shall submit to the Director, not later than 60 days 
        after the end of the fiscal year, a report on the use of the 
        assistance in the fiscal year.
            ``(2) Exercise and report to congress.--As a condition of 
        receipt of assistance under this section, not later than 3 
        years after the date of enactment of this section, a State 
        shall--
                    ``(A) conduct an exercise, or participate in a 
                regional exercise, approved by the Director, to measure 
                the progress of the State in enhancing the ability of 
                State and local first responders to respond to 
                incidents of terrorism, including incidents involving 
                weapons of mass destruction; and
                    ``(B) submit a report on the results of the 
                exercise to--
                            ``(i) the Committee on Environment and 
                        Public Works and the Committee on 
                        Appropriations of the Senate; and
                            ``(ii) the Committee on Transportation and 
                        Infrastructure and the Committee on 
                        Appropriations of the House of Representatives.
    ``(i) Coordination.--
            ``(1) With federal agencies.--The Director shall, as 
        necessary, coordinate the provision of assistance under this 
        section with activities carried out by--
                    ``(A) the Administrator of the United States Fire 
                Administration in connection with the implementation by 
                the Administrator of the assistance to firefighters 
                grant program established under section 33 of the 
                Federal Fire Prevention and Control Act of 1974 (15 
                U.S.C. 2229) (as added by section 1701(a) of the Floyd 
                D. Spence National Defense Authorization Act for Fiscal 
                Year 2001 (114 Stat. 1654, 1654A-360)); and
                    ``(B) other appropriate Federal agencies.
            ``(2) With indian tribes.--In providing and using 
        assistance under this section, the Director and the States 
        shall, as appropriate, coordinate with--
                    ``(A) Indian tribes (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450b)) and other tribal organizations; and
                    ``(B) Native villages (as defined in section 3 of 
                the Alaska Native Claims Settlement Act (43 U.S.C. 
                1602)) and other Alaska Native organizations.''.
    (b) Cost Sharing for Emergency Operating Centers.--Section 614 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5196c) is amended--
            (1) by inserting ``(other than section 630)'' after ``carry 
        out this title''; and
            (2) by inserting ``(other than section 630)'' after ``under 
        this title''.

SEC. 6. URBAN SEARCH AND RESCUE TASK FORCES.

    Subtitle B of title VI of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5197 et seq.) (as amended by 
section 5) is amended by adding at the end the following:

``SEC. 631. URBAN SEARCH AND RESCUE TASK FORCES.

    ``(a) Definitions.--In this section:
            ``(1) Urban search and rescue equipment.--The term `urban 
        search and rescue equipment' means any equipment that the 
        Director determines to be necessary to respond to a major 
        disaster or emergency declared by the President under this Act.
            ``(2) Urban search and rescue task force.--The term `urban 
        search and rescue task force' means any of the 28 urban search 
        and rescue task forces designated by the Director as of the 
        date of enactment of this section.
    ``(b) Assistance.--
            ``(1) Mandatory grants for costs of operations.--For each 
        fiscal year, of the amounts made available to carry out this 
        section, the Director shall provide to each urban search and 
        rescue task force a grant of not less than $1,500,000 to pay 
        the costs of operations of the urban search and rescue task 
        force (including costs of basic urban search and rescue 
        equipment).
            ``(2) Discretionary grants.--The Director may provide to 
        any urban search and rescue task force a grant, in such amount 
        as the Director determines to be appropriate, to pay the costs 
        of--
                    ``(A) operations in excess of the funds provided 
                under paragraph (1);
                    ``(B) urban search and rescue equipment;
                    ``(C) equipment necessary for an urban search and 
                rescue task force to operate in an environment 
                contaminated or otherwise affected by a weapon of mass 
                destruction;
                    ``(D) training, including training for operating in 
                an environment described in subparagraph (C);
                    ``(E) transportation;
                    ``(F) expansion of the urban search and rescue task 
                force; and
                    ``(G) incident support teams, including costs of 
                conducting appropriate evaluations of the readiness of 
                the urban search and rescue task force.
            ``(3) Priority for funding.--The Director shall distribute 
        funding under this subsection so as to ensure that each urban 
        search and rescue task force has the capacity to deploy 
        simultaneously at least 2 teams with all necessary equipment, 
        training, and transportation.
    ``(c) Grant Requirements.--The Director shall establish such 
requirements as are necessary to provide grants under this section.
    ``(d) Establishment of Additional Urban Search and Rescue Task 
Forces.--
            ``(1) In general.--Subject to paragraph (2), the Director 
        may establish urban search and rescue task forces in addition 
        to the 28 urban search and rescue task forces in existence on 
        the date of enactment of this section.
            ``(2) Requirement of full funding of existing urban search 
        and rescue task forces.--Except in the case of an urban search 
        and rescue task force designated to replace any urban search 
        and rescue task force that withdraws or is otherwise no longer 
        considered to be an urban search and rescue task force 
        designated by the Director, no additional urban search and 
        rescue task forces may be designated or funded until the 28 
        urban search and rescue task forces are able to deploy 
        simultaneously at least 2 teams with all necessary equipment, 
        training, and transportation.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 626 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5197e) is amended by striking subsection (a) 
and inserting the following:
    ``(a) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        such sums as are necessary to carry out this title (other than 
        sections 630 and 631).
            ``(2) Preparedness assistance for first responders.--There 
        are authorized to be appropriated to carry out section 630--
                    ``(A) $3,340,000,000 for fiscal year 2003; and
                    ``(B) $3,458,000,000 for each of fiscal years 2004 
                through 2006.
            ``(3) Urban search and rescue task forces.--
                    ``(A) In general.--There are authorized to be 
                appropriated to carry out section 631--
                            ``(i) $160,000,000 for fiscal year 2003; 
                        and
                            ``(ii) $42,000,000 for each of fiscal years 
                        2004 through 2006.
                    ``(B) Availability of amounts.--Amounts made 
                available under subparagraph (A) shall remain available 
                until expended.''.
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