[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3274 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3274
To enhance homeland security by encouraging the development of regional
coordination plans for emergency and disaster preparedness, response,
and recovery.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2003
Mr. Kingston (for himself, Mr. Spratt, Mr. Lewis of Kentucky, Mr.
Houghton, Mr. Wicker, Mr. Norwood, Mr. Rogers of Alabama, Mr. Mica, Ms.
Norton, Mr. Boucher, Mr. Wilson of South Carolina, Mr. Burns, and Mr.
Ross) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Energy and Commerce, and the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To enhance homeland security by encouraging the development of regional
coordination plans for emergency and disaster preparedness, response,
and recovery.
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 ``Regional Comprehensive Emergency
Preparedness, Response, and Coordination Act of 2003''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Responders to the terrorist attacks at the World Trade
Center, the Pentagon, and the tragedy in Pennsylvania on
September 11, 2001, from numerous jurisdictions assisted the
fire and rescue, law enforcement, and health workers
responsible for responding within their jurisdictions.
(2) Even in the largest municipalities, first responders
need the support of officials and personnel from their own and
neighboring jurisdictions, as well as support from numerous
regional, State, Federal, and private sector entities.
(3) The sheer number of agencies taking part in any
emergency response demands coordination, mutual support, and
effective communication. Regional planning and coordination of
response efforts are essential to ensure threat-based, multi-
jurisdictional, and interoperable assessments and plans.
(4) There does not exist a consistent national standard for
allocation of homeland security grant money. Threat based
vulnerability assessments and plans will provide a consistent
national standard based on need.
(5) Regional councils of governments, regional planning
commissions, regional planning organizations, and development
districts have the accountability and experience necessary to
develop and coordinate comprehensive regional plans that
encompass the needs of the Federal, State, and local
governments, the private sector, and all other parties with a
stake in providing for the security of their communities.
Regional councils of government can ensure the development of a
coordinated emergency recovery plan involving Federal, State,
and local governments and the private sector.
(6) Coordinated, area-wide training, equipment acquisition,
and recovery planning is essential for effective regional
preparedness and mitigation.
(b) Purpose.--The purpose of this Act is to encourage and
facilitate the development and implementation of regional emergency and
disaster preparedness, response, and recovery coordination plans among
Federal, State, and local governments and the private sector within the
region and to facilitate preparedness and mitigation efforts.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Region.--The term ``region'' means a designated
multijurisdictional planning area or a sub-State district with
boundaries established by interstate compact, State law, or
through mutual agreement of local governments.
(2) Regional council.--The term ``regional council'' means
a multipurpose association of local governments in a planning
region, including councils of governments, regional planning
commissions, regional planning organizations, and area
development districts.
(3) Local government.--The term ``local government'' means
any county, city, town, or other municipality within the United
States.
(4) State.--The term ``State'' means any of the 50 States,
the District of Columbia, or any territory of the United
States.
(5) Stakeholder.--The term ``stakeholder'' means
representatives of Federal, State, local, private, and
nonprofit entities, including--
(A) the Secretary of Homeland Security;
(B) State and local elected officials;
(C) representatives of Federal, State, and local
emergency management agencies;
(D) local fire and rescue personnel;
(E) Federal, State, and local law enforcement
personnel;
(F) public and private health professionals,
including representatives of the Centers for Disease
Control and Prevention and the National Institutes of
Health;
(G) public and private school representatives;
(H) college and university representatives;
(I) representatives of the business community;
(J) port and airport officials;
(K) utilities officials;
(L) representatives of State departments of
transportation;
(M) representatives of local chapters of the
American Red Cross;
(N) representatives of volunteer organizations
concerned with emergency response or disaster recovery;
and
(O) representatives of other entities identified by
the stakeholders.
(6) Regional plan.--The term ``regional plan'' means a
regional emergency and disaster preparedness, response, and
recovery coordination plan developed under this Act.
SEC. 4. DEVELOPMENT OF REGIONAL PLANS.
(a) Coordination of Development.--
(1) In general.--Each regional council shall convene all
local governments and Federal, State, and private sector
stakeholders within its region to coordinate the development of
a regional plan in accordance with this section.
(2) States without regional councils.--In States that do
not have regional councils, the Governor should work with local
officials to organize a regional approach involving local
elected officials and establish a homeland defense regional
planning advisory committee that consists of stakeholders,
including representatives of Federal, State, local, private,
and nonprofit entities, as defined in section 3.
(3) States with areas not covered by a regional council.--
In States with areas that are not covered by a regional
council, the Governor may assign such areas to a regional
council.
(b) Elements of the Regional Plan.--Each regional plan shall
include, at a minimum, the following:
(1) Disaster assessment.--An assessment of natural
disasters, human-induced disasters, and potential terrorist
activities or targets that could disrupt essential services or
mobility, adversely affect public health or safety, or
adversely affect infrastructure within the region.
(2) Response equipment and personnel assessment.--An
assessment of available equipment and personnel to respond to a
disaster.
(3) Equipment needs assessment.--An assessment of equipment
needs based on disaster potential, both natural and manmade.
(4) Communications system.--A plan for the development of a
regional communication system among stakeholders.
(5) Secure information repository.--A plan for the
development of a secure information repository that includes
information needed to coordinate stakeholder responsibilities
within the region.
(6) Emergency coordination information.--Information on the
following:
(A) Response resources.--
(i) Locations, contacts, capabilities, and
capacities of emergency medical facilities.
(ii) Locations, contacts, and equipment
listings for fire, police, and emergency
medical technician services.
(iii) Locations of, and 24-hour contacts
for, appropriate medical facilities and
personnel and other potential first responders.
(iv) Locations and contacts for area
stakeholders involved in the operation and
maintenance of essential services within the
region.
(v) Locations and contacts for area key
military personnel and facilities.
(vi) Locations and contacts for other
response resources as identified by regional
stakeholders.
(B) Support facilities.--
(i) Locations, capabilities, and capacities
of existing shelters.
(ii) Locations of, and available facilities
at, schools, colleges, universities, churches,
and other public buildings.
(iii) Locations of major water and food
supplies.
(iv) Other support facilities as identified
by regional stakeholders.
(C) Infrastructure.--
(i) Locations of water treatment and
storage facilities and distribution mains.
(ii) Locations of utilities lines,
pipelines, and generating facilities.
(iii) Locations of sewer mains and
treatment plants.
(iv) Locations of voice, data, video,
microwave, and satellite uplink communication
facilities.
(v) Locations of radio and television
studios and transmission sites.
(vi) Locations and capacities of shortwave
radio facilities and volunteers.
(vii) Locations of major bridges and dams.
(viii) Locations of major educational
facilities.
(ix) Other infrastructure facilities as
identified by regional stakeholders.
(D) Transportation facilities.--
(i) Locations and capacities of major
transportation facilities, lines, and
terminals, including ports and airports.
(ii) Locations and capacities of local and
regional transportation routes.
(iii) Other transportation facilities as
identified by regional stakeholders.
(E) At-risk populations.--
(i) Locations of large population
concentrations and the times of those
concentrations.
(ii) Schedules of major public events and
capacities of venues.
(iii) Population statistics, including
block level population data.
(iv) School enrollment numbers.
(v) Locations of elderly, infirm, and
disabled persons who need special assistance.
(vi) Other at-risk populations as
identified by regional stakeholders.
(F) Potential targets.--
(i) Locations of major concentrations of
hazardous and biohazard chemicals.
(ii) Locations of fuel depots and
dispensing facilities that meet certain
Environmental Protection Agency thresholds.
(iii) Locations of major concentrations of
munitions and explosives.
(iv) Locations of other potential targets,
such as nuclear power plants, in the region.
(v) Other potential targets as identified
by regional stakeholders.
(G) Debris disposal.--
(i) Identification of locations for debris
disposal.
(ii) Identification of potential health
hazards to personnel involved in debris
disposal.
(iii) Other debris disposal as identified
by regional stakeholders.
(c) Planning Activities.--Planning activities pursuant to this
section shall include--
(1) analyzing and documenting the possibility of a disaster
and the potential consequences or impacts of a disaster upon
life, property, and the environment; and
(2) planning for utilization of geographic information
systems to assess hazards and evaluate the consequences of
potential emergencies or disasters.
(d) Approval of Regional Plan.--The initial phase of a regional
plan, including planning components and an assessment of potential
hazards and equipment needs, shall be approved by the region council's
governing body, and the appropriate Governor or Governors, not later
than the date that is 18 months after the regional council has received
an initial apportionment under this Act.
(e) Update of Regional Plan.--A regional council shall review and
update its regional plan at least annually based on revised threat
assessments, trainings, and drills.
(f) Security of Mapping and Infrastructure Information Contained
Within Regional Plan.--
(1) In general.--For security purposes, the information
contained in the regional plan required under subsection (b)(5)
shall be available only to those public and private officials
and agencies that have responsibility under the plan.
(2) Security technology.--A regional council shall utilize
appropriate computer and software technology for securing the
key resources and critical infrastructure that may be outlined
within the regional plan.
(3) Protection of key resources and critical
infrastructure.--A regional plan shall outline the appropriate
measures to protect the key resources and critical
infrastructure within its region in coordination with other
agencies and representatives from within the region, including
Federal, State, and local government personnel, agencies,
authorities, and the private sector.
(4) Continued review and analysis.--A regional council
shall continue to review and analyze and make recommendations
for improvements in the policies and procedures governing the
security of information contained in its regional plan and
sharing the information with law enforcement, intelligence,
emergency management, and other entities related to homeland
security within the Federal Government and between such
representatives within the region, including Federal, State,
and local government personnel agencies, authorities, and the
private sector.
SEC. 5. FUNDING.
(a) Apportionments to States.--
(1) In general.--To assist States in overseeing and
coordinating the development of regional plans under this Act,
the Secretary of Homeland Security shall apportion to each
State for each of fiscal years 2005, 2006, and 2007 $0.05 for
each person residing in the State and shall apportion to each
State for each of fiscal years 2008 and 2009 such sums as may
be necessary.
(2) Maximum and minimum amount.--Notwithstanding paragraph
(1), a State shall not receive more than $1,000,000 nor less
than $50,000 of the amounts apportioned under this subsection
in a fiscal year.
(b) Apportionments to Regional Councils.--
(1) In general.--To assist regional councils in meeting the
requirements of this Act, the Secretary shall apportion to each
regional council identified by the Secretary for each of fiscal
years 2005, 2006, and 2007 $1.00 for each person residing in
the area represented by the regional council and shall
apportion to each regional council for each of fiscal years
2008 and 2009 such sums as may be necessary to update regional
plans and maintain and update necessary data.
(2) Enhanced funding.--The Secretary may provide an
additional apportionment to a regional council of not more than
$0.25 for each person residing in the area represented by the
regional council based on critical infrastructure and
facilities located in that area, including nuclear power
plants, military and other large Federal installations, dams,
ports, and areas prone to natural disasters (including coastal
areas).
(3) Maximum and minimum amount.--Notwithstanding paragraphs
(1) and (2), a regional council shall not receive more than
$1,000,000 nor less than $50,000 of the amounts apportioned
under this subsection in a fiscal year.
(4) States without regional councils.--Before apportioning
amounts under this section for a fiscal year, the Secretary may
set aside a portion of the amounts for providing assistance to
States described in section 4(a)(2).
(c) Noncompliance.--
(1) Effect on funding.--The Secretary may withhold, reduce,
or deny an apportionment under this section to a State or
region council if the Secretary determines, in writing, that
the State or regional council has not complied, or provided
adequate assurances that it will comply, with the requirements
of this Act.
(2) Noncompliance by regional councils.--In the case of
noncompliance by a regional council in a State, the Governor of
the State, after providing the regional council with an
opportunity to take necessary actions to comply with the
requirements of this Act and determining, in writing, that the
regional council has not taken such actions, may assume the
responsibility for organizing a regional approach for the area
represented by the regional council in accordance with section
4(a)(2).
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
for fiscal years 2005 through 2009 such sums as may be
necessary to carry out this section.
(2) Limitation.--Apportionments required by this section
shall be subject to the availability of appropriations. If
amounts appropriated to carry out this section in a fiscal year
are insufficient to make the apportionments required by this
section, the Secretary shall proportionally reduce the amounts
to be so apportioned.
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