< Back to H.R. 4210 (106th Congress, 1999–2000)

Text of the Preparedness Against Terrorism Act of 2000

This bill was introduced in a previous session of Congress and was passed by the House on July 25, 2000 but was never passed by the Senate. The text of the bill below is as of Jul 26, 2000 (Referred to Senate Committee).

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HR 4210 RFS

106th CONGRESS

2d Session

H. R. 4210

IN THE SENATE OF THE UNITED STATES

July 26, 2000

Received; read twice and referred to the Committee on Environment and Public Works


AN ACT

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; REFERENCES.

    (a) SHORT TITLE- This Act may be cited as the ‘Preparedness Against Terrorism Act of 2000’.

    (b) REFERENCES- Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the reference shall be considered to be made to a section or other provision of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

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 agencies for development of a capability for early detection and warning of and response to potential domestic terrorist attacks involving weapons of mass destruction; 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 include--

      (1) coordinating and making more effective Federal efforts to assist State and local emergency preparedness and response personnel in preparation for domestic terrorist attacks;

      (2) designating a lead entity to coordinate such Federal efforts; and

      (3) updating Federal authorities to reflect the increased risk of terrorist attacks.

SEC. 3. DEFINITION OF MAJOR DISASTER.

    Section 102(2) (42 U.S.C. 5122(2)) is amended to read as follows:

      ‘(2) MAJOR DISASTER- ‘Major disaster’ means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, snow drought, or drought), or, regardless of cause, any fire, flood, explosion, act of terrorism, or other catastrophic event in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.’.

SEC. 4. ADMINISTRATION OF EMERGENCY PREPAREDNESS PROGRAMS BY THE PRESIDENT.

    Title VI (42 U.S.C. 5195 et seq.) is amended--

      (1) by striking ‘Director’ each place it appears (other than in sections 602(a)(7) and 603) and inserting ‘President’;

      (2) in section 603 by striking ‘Director of the Federal Emergency Management Agency’ and inserting ‘President’;

      (3) in section 611(c)--

        (A) by striking ‘With the approval of the President, the’ and inserting ‘The’; and

        (B) by striking ‘responsibilities and review’ and inserting ‘responsibilities. The President shall review’;

      (4) in section 621(g) by striking the second sentence;

      (5) in section 623--

        (A) by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and

        (B) in paragraph (2) (as so redesignated) by striking ‘unless’ and all that follows through ‘approval of the President,’ and inserting ‘unless the President’; and

      (6) in section 624 by striking ‘to the President and Congress’ and inserting ‘to Congress’.

SEC. 5. DEFINITIONS.

    (a) HAZARD- Section 602(a)(1)(B) (42 U.S.C. 5195a(a)(1)(B)) is amended by striking the period at the end and inserting ‘, including a domestic terrorist attack involving a weapon of mass destruction.’.

    (b) NATURAL DISASTER- Section 602(a)(2) (42 U.S.C. 5195a(a)(2)) is amended to read as follows:

      ‘(2) NATURAL DISASTER- The term ‘natural disaster’ means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, snow drought, drought, fire, or other catastrophe in any part of the United States which causes, or which may cause, substantial damage or injury to civilian property or persons.’.

    (c) EMERGENCY PREPAREDNESS- Section 602(a)(3)(A) (42 U.S.C. 5195a(a)(3)(A)) is amended by inserting ‘the predeployment of these and other essential resources (including personnel),’ before ‘the provision of suitable warning systems,’.

    (d) DIRECTOR- Section 602(a) (42 U.S.C. 5195a(a)) is amended by striking paragraph (7) and redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively.

    (e) WEAPON OF MASS DESTRUCTION- Section 602 (42 U.S.C. 5195a) 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) (42 U.S.C. 5196(b)) is amended--

      (1) by striking ‘may prepare’ and inserting ‘shall prepare’; and

      (2) by adding at the end the following: ‘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 weapons of mass destruction.’.

    (b) EMERGENCY PREPAREDNESS MEASURES- Section 611(e) (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) (42 U.S.C. 5196(f)) is amended--

      (1) in the subsection heading by inserting ‘AND EXERCISE’ after ‘TRAINING’;

      (2) in paragraph (1)(A) by inserting ‘and exercise’ after ‘training’;

      (3) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

      (4) by inserting after paragraph (1) the following:

    ‘(2) The President shall establish priorities among training and exercise programs for preparedness against terrorist attacks 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 (42 U.S.C. 5196d) is repealed.

    (b) SECURITY REGULATIONS- Section 622 (42 U.S.C. 5197a) is repealed.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    Section 626 (42 U.S.C. 5197e) is amended--

      (1) by redesignating subsection (b) as subsection (c); and

      (2) by inserting after subsection (a) the following:

    ‘(b) PRIORITIES- Amounts appropriated pursuant to this section 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)(2).’.

SEC. 9. PRESIDENT’S COUNCIL ON 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--President’s Council on Domestic Terrorism Preparedness

‘SEC. 651. ESTABLISHMENT OF COUNCIL.

    ‘(a) IN GENERAL- There is established a council to be known as the President’s Council on Domestic Terrorism Preparedness (in this subtitle referred to as the ‘Council’).

    ‘(b) MEMBERSHIP- The Council shall be composed of the following members:

      ‘(1) The President.

      ‘(2) The Director of the Federal Emergency Management Agency.

      ‘(3) The Attorney General.

      ‘(4) The Secretary of Defense.

      ‘(5) The Director of the Office of Management and Budget.

      ‘(6) The Assistant to the President for National Security Affairs.

      ‘(7) Any additional members appointed by the President.

    ‘(c) CHAIRMAN-

      ‘(1) IN GENERAL- The President shall serve as the chairman of the Council.

      ‘(2) EXECUTIVE CHAIRMAN- The President may appoint an Executive Chairman of the Council (in this subtitle referred to as the ‘Executive Chairman’). The Executive Chairman shall represent the President as chairman of the Council, including in communications with Congress and State Governors.

      ‘(3) SENATE CONFIRMATION- An individual selected to be the Executive Chairman under paragraph (2) shall be appointed by and with the advice and consent of the Senate, except that Senate confirmation shall not be required if, on the date of appointment, the individual holds a position for which Senate confirmation was required.

    ‘(d) FIRST MEETING- The first meeting of the Council shall be held not later than 90 days after the date of the enactment of this Act.

‘SEC. 652. DUTIES OF COUNCIL.

    ‘The Council shall carry out the following duties:

      ‘(1) Establish the policies, objectives, and priorities of the Federal Government for enhancing the capabilities of State and local emergency preparedness and response personnel in early detection and warning of and response to all domestic terrorist attacks, including attacks involving weapons of mass destruction.

      ‘(2) Publish a Domestic Terrorism Preparedness Plan and an annual strategy for carrying out the plan in accordance with section 653, including the end state of preparedness for emergency responders established under section 653(b)(1)(D).

      ‘(3) To the extent practicable, rely on existing resources (including planning documents, equipment lists, and program inventories) in the execution of its duties.

      ‘(4) Consult with and utilize existing interagency boards and committees, existing governmental entities, and non-governmental organizations in the execution of its duties.

      ‘(5) Ensure that a biennial review of the terrorist attack preparedness programs of State and local governmental entities is conducted and provide recommendations to the entities based on the reviews.

      ‘(6) Provide for the creation of a State and local advisory group for the Council, to be composed of individuals involved in State and local emergency preparedness and response to terrorist attacks.

      ‘(7) Provide for the establishment by the Council’s State and local advisory group of voluntary guidelines for the terrorist attack preparedness programs of State and local governmental entities in accordance with section 655.

      ‘(8) Designate a Federal entity to consult with, and serve as a contact for, State and local governmental entities implementing terrorist attack preparedness programs.

      ‘(9) Coordinate and oversee the implementation by Federal departments and agencies of the policies, objectives, and priorities established under paragraph (1) and the fulfillment of the responsibilities of such departments and agencies under the Domestic Terrorism Preparedness Plan.

      ‘(10) Make recommendations to the heads of appropriate Federal departments and agencies regarding--

        ‘(A) changes in the organization, management, and resource allocations of the departments and agencies; and

        ‘(B) the allocation of personnel to and within the departments and agencies,

      to implement the Domestic Terrorism Preparedness Plan.

      ‘(11) Assess all Federal terrorism preparedness programs and ensure that each program complies with the Domestic Terrorism Preparedness Plan.

      ‘(12) Identify duplication, fragmentation, and overlap within Federal terrorism preparedness programs and eliminate such duplication, fragmentation and overlap.

      ‘(13) Evaluate Federal emergency response assets and make recommendations regarding the organization, need, and geographic location of such assets.

      ‘(14) Establish general policies regarding financial assistance to States based on potential risk and threat, response capabilities, and ability to achieve the end state of preparedness for emergency responders established under section 653(b)(1)(D).

      ‘(15) Notify a Federal department or agency in writing if the Council finds that its policies are not in compliance with its responsibilities under the Domestic Terrorism Preparedness Plan.

‘SEC. 653. DOMESTIC TERRORISM PREPAREDNESS PLAN AND ANNUAL STRATEGY.

    ‘(a) DEVELOPMENT OF PLAN- Not later than 180 days after the date of the first meeting of the Council, the Council shall develop a Domestic Terrorism Preparedness Plan and transmit a copy of the plan to Congress.

    ‘(b) CONTENTS-

      ‘(1) IN GENERAL- The Domestic Terrorism Preparedness Plan shall include the following:

        ‘(A) A statement of the policies, objectives, and priorities established by the Council under section 652(1).

        ‘(B) A plan for implementing such policies, objectives, and priorities that is based on a threat, risk, and capability assessment and includes measurable objectives to be achieved in each of the following 5 years for enhancing domestic preparedness against a terrorist attack.

        ‘(C) A description of the specific role of each Federal department and agency, and the roles of State and local governmental entities, under the plan developed under subparagraph (B).

        ‘(D) A definition of an end state of preparedness for emergency responders that sets forth measurable, minimum standards of acceptability for preparedness.

      ‘(2) EVALUATION OF FEDERAL RESPONSE TEAMS- In preparing the description under paragraph (1)(C), the Council shall evaluate each Federal response team and the assistance that the team offers to State and local emergency personnel when responding to a terrorist attack. The evaluation shall include an assessment of how the Federal response team will assist State and local emergency personnel after the personnel has achieved the end state of preparedness for emergency responders established under paragraph (1)(D).

    ‘(c) ANNUAL STRATEGY-

      ‘(1) IN GENERAL- The Council shall develop and transmit to Congress, on the date of transmittal of the Domestic Terrorism Preparedness Plan and, in each of the succeeding 4 fiscal years, on the date that the President submits an annual budget to Congress in accordance with section 1105(a) of title 31, United States Code, an annual strategy for carrying out the Domestic Terrorism Preparedness Plan in the fiscal year following the fiscal year in which the strategy is submitted.

      ‘(2) CONTENTS- The annual strategy for a fiscal year shall include the following:

        ‘(A) An inventory of Federal training and exercise programs, response teams, grant programs, and other programs and activities related to domestic preparedness against a terrorist attack conducted in the preceding fiscal year and a determination as to whether any of such programs or activities may be duplicative. The inventory shall consist of a complete description of each such program and activity, including the funding level and purpose of and goal to be achieved by the program or activity.

        ‘(B) If the Council determines under subparagraph (A) that certain programs and activities are duplicative, a detailed plan for consolidating, eliminating, or modifying the programs and activities.

        ‘(C) An inventory of Federal training and exercise programs, grant programs, response teams, and other programs and activities to be conducted in such fiscal year under the Domestic Terrorism Preparedness Plan and measurable objectives to be achieved in such fiscal year for enhancing domestic preparedness against a terrorist attack. The inventory shall provide for implementation of any plan developed under subparagraph (B), relating to duplicative programs and activities.

        ‘(D) A complete assessment of how resource allocation recommendations developed under section 654(a) are intended to implement the annual strategy.

    ‘(d) CONSULTATION-

      ‘(1) IN GENERAL- In developing the Domestic Terrorism Preparedness Plan and each annual strategy for carrying out the plan, the Council shall consult with--

        ‘(A) the head of each Federal department and agency that will have responsibilities under the Domestic Terrorism Preparedness Plan or annual strategy;

        ‘(B) Congress;

        ‘(C) State and local officials;

        ‘(D) congressionally authorized panels; and

        ‘(E) emergency preparedness organizations with memberships that include State and local emergency responders.

      ‘(2) REPORTS- As part of the Domestic Terrorism Preparedness Plan and each annual strategy for carrying out the plan, the Council shall include a written statement indicating the persons consulted under this subsection and the recommendations made by such persons.

    ‘(e) TRANSMISSION OF CLASSIFIED INFORMATION- Any part of the Domestic Terrorism Preparedness Plan or an annual strategy for carrying out the plan that involves information properly classified under criteria established by an Executive order shall be presented to Congress separately.

    ‘(f) RISK OF TERRORIST ATTACKS AGAINST TRANSPORTATION FACILITIES-

      ‘(1) IN GENERAL- In developing the plan and risk assessment under subsection (b), the Council shall designate an entity to assess the risk of terrorist attacks against transportation facilities, personnel, and passengers.

      ‘(2) CONTENTS- In developing the plan and risk assessment under subsection (b), the Council shall ensure that the following three tasks are accomplished:

        ‘(A) An examination of the extent to which transportation facilities, personnel, and passengers have been the target of terrorist attacks and the extent to which such facilities, personnel, and passengers are vulnerable to such attacks.

        ‘(B) An evaluation of Federal laws that can be used to combat terrorist attacks against transportation facilities, personnel, and passengers, and the extent to which such laws are enforced. The evaluation may also include a review of applicable State laws.

        ‘(C) An evaluation of available technologies and practices to determine the best means of protecting transportation facilities, personnel, and passengers against terrorist attacks.

      ‘(3) CONSULTATION- In developing the plan and risk assessment under subsection (b), the Council shall consult with the Secretary of Transportation, representatives of persons providing transportation, and representatives of employees of such persons.

    ‘(g) MONITORING- The Council, with the assistance of the Inspector General of the relevant Federal department or agency as needed, shall monitor the implementation of the Domestic Terrorism Preparedness Plan, including conducting program and performance audits and evaluations.

‘SEC. 654. NATIONAL DOMESTIC PREPAREDNESS BUDGET.

    ‘(a) RECOMMENDATIONS REGARDING RESOURCE ALLOCATIONS-

      ‘(1) TRANSMITTAL TO COUNCIL- Each Federal Government program manager, agency head, and department head with responsibilities under the Domestic Terrorism Preparedness Plan shall transmit to the Council for each fiscal year recommended resource allocations for programs and activities relating to such responsibilities on or before the earlier of--

        ‘(A) the 45th day before the date of the budget submission of the department or 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) TRANSMITTAL TO THE OFFICE OF MANAGEMENT AND BUDGET- The Council shall develop for each fiscal year recommendations regarding resource allocations for each program and activity identified in the annual strategy completed under section 653 for the fiscal year. Such recommendations shall be submitted to the relevant departments and agencies and to the Director of the Office of Management and Budget. The Director of the Office of Management and Budget shall consider such recommendations in formulating the annual budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, and shall provide to the Council a written explanation in any case in which the Director does not accept such a recommendation.

      ‘(3) RECORDS- The Council shall maintain records regarding recommendations made and written explanations received under paragraph (2) and shall provide such records to Congress upon request. The Council may not fulfill such a request before the date of submission of the relevant annual budget of the President to Congress under section 1105(a) of title 31, United States Code.

      ‘(4) NEW PROGRAMS OR REALLOCATION OF RESOURCES- The head of a Federal department or agency shall consult with the Council before acting to enhance the capabilities of State and local emergency preparedness and response personnel with respect to terrorist attacks by--

        ‘(A) establishing a new program or office; or

        ‘(B) reallocating resources, including Federal response teams.

‘SEC. 655. VOLUNTARY GUIDELINES FOR STATE AND LOCAL PROGRAMS.

    ‘The Council shall provide for the establishment of voluntary guidelines for the terrorist attack preparedness programs of State and local governmental entities for the purpose of providing guidance in the development and implementation of such programs. The guidelines shall address equipment, exercises, and training and shall establish a desired threshold level of preparedness for State and local emergency responders.

‘SEC. 656. POWERS OF COUNCIL.

    ‘In carrying out this subtitle, the Council may--

      ‘(1) direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within the Federal Government of personnel employed by such department or agency;

      ‘(2) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies;

      ‘(3) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, relating to appointments in the Federal Service, at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code;

      ‘(4) accept and use donations of property from Federal, State, and local government agencies;

      ‘(5) use the mails in the same manner as any other department or agency of the executive branch; and

      ‘(6) request the assistance of the Inspector General of a Federal department or agency in conducting audits and evaluations under section 653(g).

‘SEC. 657. ROLE OF COUNCIL IN NATIONAL SECURITY COUNCIL EFFORTS.

    ‘The Council may, in the Council’s role as principal adviser to the National Security Council on Federal efforts to assist State and local governmental entities in domestic terrorist attack preparedness matters, and subject to the direction of the President, attend and participate in meetings of the National Security Council. The Council may, subject to the direction of the President, participate in the National Security Council’s working group structure.

‘SEC. 658. EXECUTIVE DIRECTOR AND STAFF OF COUNCIL.

    ‘(a) EXECUTIVE DIRECTOR- The Council shall have an Executive Director who shall be appointed by the President.

    ‘(b) STAFF- The Executive Director may appoint such personnel as the Executive Director considers appropriate. Such personnel shall be assigned to the Council on a full-time basis and shall report to the Executive Director.

    ‘(c) ADMINISTRATIVE SUPPORT SERVICES- The Executive Office of the President shall provide to the Council, on a reimbursable basis, such administrative support services, including office space, as the Council may request.

‘SEC. 659. COORDINATION WITH EXECUTIVE BRANCH DEPARTMENTS AND AGENCIES.

    ‘(a) REQUESTS FOR ASSISTANCE- The head of each Federal department and agency with responsibilities under the Domestic Terrorism Preparedness Plan shall cooperate with the Council and, subject to laws governing disclosure of information, provide such assistance, information, and advice as the Council may request.

    ‘(b) CERTIFICATION OF POLICY CHANGES BY COUNCIL-

      ‘(1) IN GENERAL- The head of each Federal department and agency with responsibilities under the Domestic Terrorism Preparedness Plan shall, unless exigent circumstances require otherwise, notify the Council in writing regarding any proposed change in policies relating to the activities of such department or agency under the Domestic Terrorism Preparedness Plan prior to implementation of such change. The Council shall promptly review such proposed change and certify to the department or agency head in writing whether such change is consistent with the Domestic Terrorism Preparedness Plan.

      ‘(2) NOTICE IN EXIGENT CIRCUMSTANCES- If prior notice of a proposed change under paragraph (1) is not possible, the department or agency head shall notify the Council as soon as practicable. The Council shall review such change and certify to the department or agency head in writing whether such change is consistent with the Domestic Terrorism Preparedness Plan.

‘SEC. 660. AUTHORIZATION OF APPROPRIATIONS.

    ‘There is authorized to be appropriated to carry out this subtitle $9,000,000 for fiscal year 2001 and such sums as may be necessary for each of fiscal years 2002 through 2005. Such sums shall remain available until expended.’.

Passed the House of Representatives July 25, 2000.

Attest:

Jeff Trandahl,

Clerk