[Congressional Record Volume 148, Number 34 (Thursday, March 21, 2002)]
[Senate]
[Pages S2285-S2286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BOND:
  S. 2061. 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; to the 
Committee on Environment and Public Works.

  Mr. BOND. Mr. President, I rise today to introduce the National 
Response to Terrorism and Consequence Management Act of 2002. This bill 
is designed to take a few of the very important steps necessary to put 
in place a national policy and plan for responding to the consequences 
and aftermath of acts of terrorism, including acts involving weapons of 
mass destruction.
  The cowardly terrorist attacks on September 11 on the Pentagon, the 
World Trade Center and Pennsylvania is one of the saddest days in the 
history of our Nation. However, I can personally attest that the spirit 
of the American people has never been stronger or more caring. Last 
month, I visited ground zero, I talked with survivors as well as many 
of the heroic men and women who continue to rebuild from our losses in 
the aftermath of this terrible tragedy. I have never been more touched 
or more proud of our Nation's ability to stand tall, and to stand 
unbowed.
  While the President has advanced a plan since September 11 which the 
Congress has begun to fund, there is still much work to be accomplished 
before we have in place the necessary protection and capacities to 
respond to both the threat of acts of terrorism and the consequences of 
such acts. In particular, we need a statutory structure that will 
enable the various agencies of both the states and the Federal 
Government to coordinate and build a Federal, State and local capacity 
to fully respond to acts of terrorism, including acts involving weapons 
of mass destruction.
  We must do more to ensure that states and localities have the needed 
resources, training and equipment to respond to threats and acts of 
terrorism and the consequences of such acts. In response, the President 
is proposing to fund FEMA at an unprecedented $3.5 billion for FY 2003 
as a further downpayment to ensure that the Nation will not be caught 
unaware again by a cowardly act of terrorism and is fully capable of 
responding to both the threat and consequence of any act of terrorism.
  These FEMA funds are targeted to states and localities and are 
intended to create a safety net of First Responders with firefighters, 
law enforcement officers and emergency medical personnel at its heart. 
Despite the response to September 11, the current capacity of our 
communities and our First Responders vary widely across the United 
States, with even the best prepared States and localities lacking 
crucial resources and expertise. Many areas have little or no ability 
to cope or respond to the consequences and aftermath of a terrorist 
attack, especially ones that use weapons of mass destruction, including 
biological or chemical toxins or nuclear radioactive weapons.
  The recommended commitment of funding in the President's Budget is 
only the first step. There also needs to be a comprehensive approach 
that identifies and meets state and local First Responder needs, both 
rural and urban, pursuant to federal leadership, benchmarks and 
guidelines.
  This legislation is intended to move the Federal Government forward 
in developing that comprehensive approach with regard to the 
consequence management of acts of terrorism. The bill establishes in 
FEMA an office for coordinating the federal, state and local capacity 
to respond to the aftermath and consequences of acts of terrorism. This 
essentially represents a beginning statutory structure for the existing 
Office of National Preparedness within FEMA as the responsibilities in 
this legislation are consistent with many of the actions of that office 
currently. This bill also provides FEMA with the authority to make 
grants of technical assistance to states to develop the capacity and 
coordination of resources to respond to acts of terrorism. In addition, 
the bill authorizes $100 million for states to operate fire and safety 
programs as a step to further build the capacity of fire departments to 
respond to local emergencies as well as the often larger problems posed 
by acts of terrorism. America's firefighters are, with the police and 
emergency medical technicians, the backbone of our Nation and the first 
line of defense in responding to the consequences of acts of terrorism.
  The legislation also formally recognizes and funds the urban search 
and rescue task force response system at $160 million in fiscal year 
2002. The Nation currently is served by 28 urban search and rescue task 
forces which proved to be a key resource in our Nation's ability to 
quickly respond to the tragedy of September 11. In addition, Missouri 
is the proud home of one of these urban search and rescue task forces, 
Missouri Task Force 1. Missouri Task Force 1 made a tremendous 
difference in helping the victims of the horrific tragedy at the World 
Trade Center as well as assisting to minimize the aftermath of this 
tragedy. These task forces are underfunded and underequipped, but, 
nontheless, are committed to be the front-line soldiers for our local 
governments in responding to the worst consequences of terrorism at the 
local level. I believe we have an obligation to realize fully the 
capacity of these 28 search and rescue task forces to meet First 
Responder events and this legislation authorizes the needed funding.
  Finally, the bill removes the risk of litigation that currently 
discourages the donation of fire equipment to volunteer fire 
departments. As we have discovered in the last several years, volunteer 
fire departments are underfunded, leaving the firefighters with the 
desire and will to assist their communities to fight fires and respond 
to local emergencies but without the necessary equipment or training 
that is so critical to the success of their profession. We have started 
providing needed funding for these departments though the Fire Act 
Grant program at FEMA. However, more needs to be done and this 
legislation is intended to facilitate the donation of used, but useful, 
equipment to these volunteer fire departments.
  I urge my colleagues to support this legislation.
  I ask unanimous consent that a summary of the bill be printed in the 
Record.
  There being no objection, the summary was ordered to be printed in 
the Record, as follows:

National Response to Terrorism and Consequence Management Act of 2002--
                         Summary of Legislation


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

       This title may be cited as the ``National Urban Search and 
     Rescue Task Force Assistance Act of 2002.''
       Sec. 102. Statement of Findings and 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. 104. Assistance. Requires no less than $1.5 million 
     annually for the operational costs of each urban search and 
     rescue task forces. Authorizes additional grants for (1) 
     operational costs in excess of the $1.5 million; (2) the cost 
     of equipment; (3) the cost of equipment needed to allow a 
     task force to operate in an environment contaminated by 
     weapons of mass of destruction, including chemical, 
     biological, and nuclear/radioactive contaminants; (4) the 
     cost of training; (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.
       Requires FEMA to prioritize all funding 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.
       Sec. 106. Technical Assistance for Coordination. Allows 
     FEMA to award no more than four percent of the funds 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 acts of terrorism 
     involving the use of a weapon of mass destruction including 
     chemical, biological, and nuclear/radioactive weapons.
       Sec. 107. Additional Task Forces. Allows FEMA to establish 
     additional urban search and rescue teams pursuant to a 
     finding of

[[Page S2286]]

     need. No additional urban search and rescue 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. Incorporates section 306 
     of the Stafford Act to allow FEMA to incur any additional 
     obligations as determined necessary by FEMA, such as the cost 
     of temporary employment, workmen compensation, insurance, and 
     other compensation for work-related injuries consistent with 
     memorandums of understanding agreed to between FEMA and the 
     task forces.
       Sec. 109. Authorization of Appropriations. Authorizes $160 
     million to be appropriated for fiscal year 2002.


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

       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. Removes liability for civil damages under any 
     state or federal law for any entity or person who donates 
     equipment to a volunteer fire department, except where (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. Requires the 
     State to designate its State Fire Marshall or equivalent 
     person to certify the safety and usefulness of the fire 
     control or fire rescue equipment that is being donated.


      TITLE III. ESTABLISHMENT OF COORDINATION OFFICE WITHIN FEMA

       Sec. 301. Establishment of Coordination Office for 
     Responding to Acts of Terrorism. Requires FEMA to 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.
       Authorizes FEMA to make grants to provide technical 
     assistance and coordinating funding to States to ensure that 
     localities, fire departments, hospitals and other appropriate 
     entities 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.
       Authorizes FEMA to award grants to states to operate new 
     and existing state fire and safety training programs for 
     firefighting personnel.
       Requires FEMA to establish a task force among Federal 
     agencies for the coordination of Federal, State and local 
     resources 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.
       Limits administrative costs for states to 5 percent.
       Authorizes FEMA to use such sums as necessary from the 
     Disaster Relief Fund to meet the requirements of this title, 
     including no less than $100 million for grants to support 
     State fire and safety training programs. Requires at least 20 
     percent of the funds awarded State fire and safety training 
     programs to be used to assist fire departments with an annual 
     budget of no more than $25,000.
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