Directs the President to ensure that Federal response plans and programs are adequate to respond to the consequences of terrorism directed against a U.S. target, including terrorism involving a weapon of mass destruction or cybertechnology.
Requires training and exercise programs (current law authorizes training programs) for emergency preparedness officials and other persons.
Establishes the Council on Domestic Terrorism Preparedness to establish Federal policies, objectives, and priorities for enhancing domestic preparedness for the consequences of terrorist attacks. Directs the Council to: (1) issue a statement regarding enhancing State and local capabilities in early identification of, preparation for, response to domestic attacks; and (2) establish certification criteria for programs under which Federal response teams assist State and local emergency response personnel in responding to such attacks and for Federal training and exercise programs for enhancing State and local emergency preparedness and response personnel capabilities.
Establishes in FEMA an Office of National Preparedness to serve as the primary liaison between the Federal and State and local governments on terrorism preparedness policies and programs. Requires the Office's Executive Director to: (1) submit to the Council for approval a Domestic Terrorism Preparedness Plan, an Annual Implementation Strategy, and recommendations for resource allocations under such Strategy; (2) submit approved recommendations to the relevant Federal agencies and to the Director of the Office of Management and Budget for consideration for the annual budget submitted to the President; (3) certify emergency response, training, and exercise programs; and (4) establish a State and local advisory group for the Office to establish voluntary guidelines for State and local terrorist attack preparedness programs.
Requires the Council to annually compile the results of threat and risk assessments of Federal agencies for use in ensuring the adequacy of such Plan and Strategies.
Requires the Executive Director to: (1) ensure conduct of a biennial review of State and local terrorist attack preparedness programs and an analysis of the adequacy of emergency medical preparedness in the event of a major disaster; and (2) publish policies concerning financial assistance to States based on the potential risk and threat of terrorist attacks in the State, the State's capabilities to respond, and its ability to achieve the end state of preparedness.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1453 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1453
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2001
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 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.
This Act may be cited as the ``Preparedness Against Terrorism Act
of 2001''.
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 government
agencies for development of a capability for early detection
and warning of, and response to, potential domestic terrorist
attacks involving a weapon of mass destruction or
cybertechnology; 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 are--
(1) to coordinate and make more effective Federal efforts
to assist State and local emergency preparedness and response
personnel in preparation for domestic terrorist attacks;
(2) to designate a lead entity to coordinate those Federal
efforts; and
(3) to update Federal authorities to reflect the increased
risk of terrorist attacks.
SEC. 3. DEFINITION OF 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 striking
``or explosion'' and inserting ``explosion, act of terrorism, or other
catastrophic event''.
SEC. 4. ADMINISTRATION OF EMERGENCY PREPAREDNESS PROGRAMS BY THE
PRESIDENT.
(a) In General.--Title VI of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5195 et seq.) is amended--
(1) by striking ``Director'' each place it appears (other
than in sections 602(a)(7), 603, and 626(b)) and inserting
``President''; and
(2) in section 603, by striking ``Director of the Federal
Emergency Management Agency'' and inserting ``President''.
(b) Delegation of Emergency Preparedness Responsibilities.--Section
611(c) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196(c)) is amended--
(1) by striking ``With the approval of the President, the''
and inserting ``The'';
(2) by striking ``other departments'' and inserting
``departments''; and
(3) by striking ``responsibilities and review'' and
inserting ``responsibilities. The President shall review''.
(c) Rules and Regulations.--Section 621(g) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5197(g)) is amended by striking the second sentence.
(d) Use of Existing Facilities.--Section 623 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197b)
is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(3) in paragraph (2) (as redesignated by paragraph (2))--
(A) by striking ``other''; and
(B) by striking ``unless'' and all that follows
through ``shall determine'' and inserting ``unless the
President determines''.
(e) Annual Report to Congress.--Section 624 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197c)
is amended by striking ``to the President and Congress'' and inserting
``to Congress''.
SEC. 5. DEFINITIONS.
(a) Hazard.--Section 602(a)(1)(B) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)(1)(B))
is amended by inserting before the period at the end the following: ``,
including a domestic terrorist attack involving a weapon of mass
destruction or cybertechnology''.
(b) Emergency Preparedness.--Section 602(a)(3)(A) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5195a(a)(3)(A)) is amended by inserting ``the predeployment of those
and other essential resources (including personnel),'' before ``the
provision of suitable warning systems,''.
(c) Director.--Section 602(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(d) Weapon of Mass Destruction.--Section 602(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5195a(a)) (as amended by subsection (c)) 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)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5196(b)) is amended--
(1) by striking ``The'' and all that follows through
``prepare'' and inserting the following:
``(1) In general.--The President shall prepare'';
(2) by striking ``To'' and inserting the following:
``(2) Requests for reports on state plans and operations.--
To''; and
(3) by adding at the end the following:
``(3) Response to terrorism.--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 a weapon of mass destruction or
cybertechnology.''.
(b) Emergency Preparedness Measures.--Section 611(e) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (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) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196(f)) is amended--
(1) in the subsection heading, by inserting ``and
Exercise'' after ``Training''; and
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``may'' and inserting ``shall'';
(B) in subparagraph (A), by inserting ``and
exercise'' after ``training'';
(C) in subparagraph (B), by striking ``and'' at the
end;
(D) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(E) by adding at the end the following:
``(D) establish priorities among training and exercise
programs 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 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5196d) is repealed.
(b) Security Regulations.--Section 622 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197a) is
repealed.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 626 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5197e) is amended--
(1) in subsection (a), by striking ``the provisions of this
title'' and inserting ``subtitle A and this subtitle'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Priorities.--Amounts made available under subsection (a) 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)(1)(D).''.
SEC. 9. 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--Domestic Terrorism Preparedness
``SEC. 651. DEFINITIONS.
``In this subtitle:
``(1) Annual implementation strategy.--The term `Annual
Implementation Strategy' means a strategy developed by the
Executive Director under section 656.
``(2) Council.--The term `Council' means the Council on
Domestic Terrorism Preparedness established by section 652.
``(3) Domestic terrorism preparedness plan.--The term
`Domestic Terrorism Preparedness Plan' means the plan developed
by the Executive Director under section 655.
``(4) End state of preparedness.--The term `end state of
preparedness' means the end state of preparedness defined by
the Council under section 655(b)(3).
``(5) Executive director.--The term `Executive Director'
means the Executive Director of the Office of National
Preparedness appointed under section 653.
``(6) Office.--The term `Office' means the Office of
National Preparedness established by section 653.
``(7) Training and exercise program.--The term `training
and exercise program' includes a grant program to enhance the
capabilities of State and local emergency preparedness and
response personnel with respect to terrorist attacks.
``SEC. 652. ESTABLISHMENT OF COUNCIL.
``(a) In General.--There is established a council to be known as
the `Council on Domestic Terrorism Preparedness'.
``(b) Duties.--In accordance with this subtitle, the Council
shall--
``(1) establish the policies, objectives, and priorities of
the Federal Government for the enhancement of domestic
preparedness for the consequences of terrorist attacks; and
``(2) oversee the implementation of those policies,
objectives, and priorities.
``(c) Members.--The Council shall be composed of the following
members:
``(1) The President.
``(2) The Director of the Federal Emergency Management
Agency.
``(3) The Executive Director.
``(4) The Attorney General.
``(5) The Secretary of Defense.
``(6) The Secretary of Health and Human Services.
``(7) The Secretary of Veterans Affairs.
``(8) The Secretary of Transportation.
``(9) The Secretary of the Treasury.
``(10) The Secretary of Energy.
``(11) The Administrator of the Environmental Protection
Agency.
``(12) The Director of the Office of Management and Budget.
``(13) The Director of Central Intelligence.
``(14) The Assistant to the President for National Security
Affairs.
``(15) Any additional members appointed by the President.
``(d) Chairperson.--
``(1) In general.--The President shall serve as the
Chairperson of the Council.
``(2) Executive chairperson.--
``(A) In general.--At the direction of the
President, the Executive Director shall serve as the
Executive Chairperson of the Council.
``(B) Representation of president.--The Executive
Chairperson shall represent the President as the
Chairperson of the Council, including in communications
with Congress and Governors of States.
``(C) Limitation.--No member of the Council other
than the Executive Director may serve as the Executive
Chairperson.
``(e) Meetings.--
``(1) First meeting.--The first meeting of the Council
shall be held not later than 90 days after the date of
enactment of this subtitle.
``(2) Number of meetings.--The Council shall meet at least
twice each year.
``(f) Staff.--The Executive Director shall provide to the Council,
on a reimbursable basis, such staff and other administrative support
services as the Council may request.
``SEC. 653. ESTABLISHMENT OF 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'.
``(b) Appointment of Executive Director.--
``(1) In general.--The head of the Office shall be the
Executive Director of the Office of National Preparedness, who
shall be appointed by the President, by and with the advice and
consent of the Senate.
``(2) Compensation.--Subject to appropriation Acts, the
Executive Director shall be paid at the annual rate of basic
pay prescribed for level II of the Executive Schedule under
section 5313 of title 5, United States Code.
``(c) Duties of Executive Director.--In accordance with this
subtitle, the Executive Director shall coordinate the activities of the
Federal Government and State and local government agencies in the
implementation of the policies, objectives, and priorities established
by the Council.
``(d) Coordination With State and Local Government Agencies.--
``(1) In general.--In carrying out the duties of the
Executive Director under this subtitle, the Executive Director
shall--
``(A) serve as the primary liaison between the
Federal Government and State and local government
agencies in developing national terrorism preparedness
policies; and
``(B) serve as the Federal contact for State and
local government agencies that implement terrorist
attack preparedness programs.
``(2) Designation of regional contacts.--In serving as the
Federal contact under paragraph (1)(B), the Executive 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 Federal contact for that region.
``(e) Use of Existing Resources.--In carrying out the duties of the
Executive Director under this subtitle, the Executive Director shall--
``(1) to the extent practicable, rely on 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.
``(f) Detail of Employees.--Upon the request of a Federal agency,
the Executive Director may detail, on a reimbursable basis, any of the
personnel of the Office to assist the Federal agency in carrying out
the duties of the Federal agency under the Domestic Terrorism
Preparedness Plan.
``SEC. 654. STATEMENT OF FEDERAL POLICIES, OBJECTIVES, AND PRIORITIES.
``Not later than 180 days after the date of enactment of this
subtitle, the Council shall issue a written statement of the policies,
objectives, and priorities of the Federal Government for enhancing the
capabilities of State and local emergency preparedness and response
personnel in--
``(1) early identification of domestic terrorist attacks;
and
``(2) preparation for, and response to, the consequences of
domestic terrorist attacks, including attacks involving weapons
of mass destruction.
``SEC. 655. DOMESTIC TERRORISM PREPAREDNESS PLAN.
``(a) Development of Plan.--Not later than 180 days after the date
on which the Council issues a written statement of policies,
objectives, and priorities under section 654, the Executive Director
shall develop and submit to the Council for approval a plan to be known
as the `Domestic Terrorism Preparedness Plan'.
``(b) Contents.--The Domestic Terrorism Preparedness Plan shall
include--
``(1) a plan for implementing the policies, objectives, and
priorities established by the Council under section 654;
``(2) a description of the specific role of each Federal
agency, and the roles of State and local government agencies,
under the plan developed under paragraph (1); and
``(3) a definition of an end state of preparedness for
emergency responders that specifies measurable, minimum
standards of acceptability for domestic preparedness for the
consequences of a terrorist attack.
``(c) Requirements for Implementation Plan.--The implementation
plan developed under subsection (b)(1) shall--
``(1) be based on a threat, risk, and capability
assessment;
``(2) be developed using an all-hazards approach; and
``(3) include measurable objectives to be achieved in each
of the following 5 years for enhancing domestic preparedness
for the consequences of a terrorist attack.
``(d) Evaluation of Federal Response Teams.--
``(1) In general.--In preparing the description of agency
roles under subsection (b)(2), the Executive Director shall
evaluate--
``(A) each Federal response team and the assistance
that the team offers to State and local emergency
response personnel when responding to the consequences
of a terrorist attack; and
``(B) other Federal emergency response assets,
including the organization, needs, and geographic
location of the assets.
``(2) Assistance following achievement of end state of
preparedness.--The evaluation under paragraph (1) shall include
an assessment of how Federal response teams will assist State
and local emergency personnel after the personnel has achieved
the end state of preparedness.
``(e) Consultation.--
``(1) In general.--In developing the Domestic Terrorism
Preparedness Plan and each Annual Implementation Strategy, the
Executive Director shall consult with--
``(A) the Council;
``(B) the head of each Federal agency that will
have responsibilities under the Domestic Terrorism
Preparedness Plan or Annual Implementation Strategy;
``(C) Congress;
``(D) State and local officials;
``(E) appropriate congressionally authorized
panels;
``(F) emergency preparedness organizations with
memberships that include State and local emergency
responders; and
``(G) the State and local advisory group
established under section 660.
``(2) Reports.--As part of the Domestic Terrorism
Preparedness Plan and each Annual Implementation Strategy, the
Executive Director shall include a written statement that
specifies--
``(A) the persons consulted under this subsection;
and
``(B) the recommendations made by those persons.
``(f) Role of the District of Columbia.--In developing and carrying
out the Domestic Terrorism Preparedness Plan and each Annual
Implementation Strategy, the Executive Director shall work in
cooperation with the Mayor of the District of Columbia for the purpose
of integrating the District of Columbia into the planning,
coordination, and execution of the activities of the Federal Government
for the enhancement of domestic preparedness for the consequences of
terrorist attacks.
``(g) Approval by Council.--
``(1) In general.--After receiving the Domestic Terrorism
Preparedness Plan under subsection (a), the Council shall
review and, subject to paragraph (2), approve the plan.
``(2) Modifications.--
``(A) In general.--Before approving the plan, the
Council may require the Executive Director to make
modifications to the plan.
``(B) Resubmission to council.--Upon making the
modifications, the Executive Director shall resubmit
the plan to the Council for approval.
``(h) Submission to Congress.--After the Domestic Terrorism
Preparedness Plan has been approved by the Council, the Executive
Director shall submit the plan to--
``(1) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(2) the Committee on Environment and Public Works of the
Senate.
``SEC. 656. ANNUAL IMPLEMENTATION STRATEGY.
``(a) In General.--Not later than 180 days after the date on which
the Council issues a written statement of policies, objectives, and
priorities under section 654, and annually thereafter for 4 years, the
Executive Director shall develop and submit to the Council for approval
an Annual Implementation Strategy for carrying out the Domestic
Terrorism Preparedness Plan in the following fiscal year.
``(b) Contents.--Each Annual Implementation Strategy shall
include--
``(1) an inventory of training and exercise programs,
response teams, and other programs and activities related to
domestic preparedness for the consequences of a terrorist
attack conducted by Federal agencies in the preceding fiscal
year that--
``(A) consists of a complete description and
assessment of each of the programs and activities,
including the funding level for, purpose of, and goal
to be achieved by each of the programs and activities;
and
``(B) includes a determination as to whether any of
the programs or activities are duplicative, fragmented,
or overlapping;
``(2) if the Executive Director determines under paragraph
(1)(B) that certain programs and activities are duplicative,
fragmented, or overlapping, a detailed plan for consolidating,
eliminating, or modifying the programs and activities;
``(3)(A) an inventory of training and exercise programs,
response teams, and other programs and activities to be
conducted by Federal agencies in the following fiscal year
under the Domestic Terrorism Preparedness Plan, including
provision for implementation of any plan developed under
paragraph (2); and
``(B) measurable objectives to be achieved in that fiscal
year for enhancing domestic preparedness for the consequences
of a terrorist attack; and
``(4) a complete assessment of how resource allocation
recommendations developed under section 657(a) are intended to
implement the Annual Implementation Strategy.
``(c) Approval by Council.--
``(1) In general.--After receiving an Annual Implementation
Strategy under subsection (a), the Council shall review and,
subject to paragraph (2), approve the Annual Implementation
Strategy.
``(2) Modifications.--
``(A) In general.--Before approving the Annual
Implementation Strategy, the Council may require the
Executive Director to make modifications to the Annual
Implementation Strategy.
``(B) Resubmission to council.--Upon making the
modifications, the Executive Director shall resubmit
the Annual Implementation Strategy to the Council for
approval.
``(d) Submission to Congress.--On the date of submission of the
Domestic Terrorism Preparedness Plan and, in each of the following 4
fiscal years, on the date on which the President submits an annual
budget to Congress in accordance with section 1105(a) of title 31,
United States Code, the Executive Director shall submit an Annual
Implementation Strategy that has been approved by the Council to--
``(1) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(2) the Committee on Environment and Public Works of the
Senate.
``(e) Presentation of Classified Information.--Any part of the
Domestic Terrorism Preparedness Plan or an Annual Implementation
Strategy that involves information properly classified under criteria
established by an Executive order shall be presented to Congress
separately.
``(f) Monitoring.--The Executive Director, with the assistance of
the Inspector General of any Federal agency as necessary, shall monitor
the implementation of the Domestic Terrorism Preparedness Plan and each
Annual Implementation Strategy, including by conducting program and
performance audits and evaluations.
``SEC. 657. NATIONAL DOMESTIC PREPAREDNESS BUDGET.
``(a) Recommendations Concerning Resource Allocations.--
``(1) Recommendations of federal agencies.--Each Federal
Government program manager and agency head with
responsibilities under the Domestic Terrorism Preparedness Plan
shall submit to the Executive Director for each fiscal year
recommended resource allocations for programs and activities
relating to those responsibilities on or before the earlier
of--
``(A) the 45th day before the date of the budget
submission of the Federal 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) Recommendations of executive director.--
``(A) In general.--For each fiscal year, the
Executive Director shall--
``(i) develop recommendations concerning
resource allocations for each program and
activity identified in the Annual
Implementation Strategy for that fiscal year;
and
``(ii) submit those recommendations to the
Council for approval.
``(B) Types of recommendations.--The
recommendations of the Executive Director under
subparagraph (A) may include recommendations
concerning--
``(i) changes in the organization,
management, and resource allocations of Federal
agencies; and
``(ii) the allocation of personnel to and
within the Federal agencies;
as appropriate to implement the Domestic Terrorism
Preparedness Plan.
``(3) Approval of executive director's recommendations by
council.--
``(A) In general.--After receiving the
recommendations of the Executive Director under
paragraph (2), the Council shall review and, subject to
subparagraph (B), approve the recommendations.
``(B) Modifications.--
``(i) In general.--Before approving the
recommendations of the Executive Director, the
Council may require the Executive Director to
make modifications to the recommendations.
``(ii) Resubmission to council.--Upon
making the modifications, the Executive
Director shall resubmit the recommendations to
the Council for approval.
``(4) Submission of executive director's recommendations to
relevant federal agencies and omb.--
``(A) In general.--The Executive Director shall
submit recommendations that have been approved by the
Council to the relevant Federal agencies and to the
Director of the Office of Management and Budget.
``(B) Consideration of executive director's
recommendations by omb in formulation of annual
budget.--The Director of the Office of Management and
Budget shall--
``(i) consider the recommendations
submitted under subparagraph (A) in formulating
the annual budget of the President submitted to
Congress under section 1105(a) of title 31,
United States Code; and
``(ii) provide to the Executive Director a
written explanation in any case in which the
Director of the Office of Management and Budget
does not accept such a recommendation.
``(b) Records.--For any fiscal year, the Executive Director shall--
``(1) maintain records concerning recommendations made and
written explanations received under this section; and
``(2) provide those records to Congress upon request, but
not earlier than the date of submission to Congress of the
annual budget of the President for the fiscal year under
section 1105(a) of title 31, United States Code.
``SEC. 658. CERTIFICATION OF PROGRAMS.
``(a) Criteria.--
``(1) Establishment by council.--Not later than 180 days
after the date of enactment of this subtitle, the Council shall
establish written criteria for the certification of--
``(A) programs under which Federal response teams
assist State and local emergency response personnel in
responding to the consequences of terrorist attacks;
and
``(B) training and exercise programs of Federal
agencies to enhance the capabilities of State and local
emergency preparedness and response personnel with
respect to terrorist attacks.
``(2) Elimination of duplication, fragmentation, and
overlap.--The criteria shall seek to eliminate duplication,
fragmentation, and overlap in the programs referred to in
paragraph (1).
``(b) Certification of Programs.--
``(1) Review.--Not later than 180 days after the date on
which the Council issues written criteria for the certification
of programs under subsection (a), the Executive Director, in
consultation with the Administrator of the United States Fire
Administration, shall conduct a review of each program
described in subsection (a).
``(2) Certification.--Upon completing a review of a program
under paragraph (1), the Executive Director shall certify or
deny certification of the program based on the written criteria
established by the Council under subsection (a).
``(3) Extension of deadline.--The Executive Director, as
necessary, may extend the deadline established by paragraph (1)
with respect to a program for a period of not more than 180
days.
``(c) Review of Certified Programs.--
``(1) Timing of reviews.--A program that is certified by
the Executive Director under subsection (b) shall be reviewed
by the Executive Director on or before--
``(A) June 15 of the third fiscal year beginning
after the date of certification; and
``(B) June 15 of each third fiscal year thereafter.
``(2) Recertification.--Upon completing a review of a
program under paragraph (1), the Executive Director shall
recertify or deny recertification of the program based on the
written criteria established by the Council under subsection
(a).
``(d) Appeals to Council.--
``(1) In general.--A Federal agency that is conducting a
program for which certification or recertification is denied by
the Executive Director under this section may appeal the
decision of the Executive Director to the Council under
procedures to be developed by the Council.
``(2) Final determination.--
``(A) Review by council.--Upon review of the
appeal, the Council shall affirm or reverse the
decision of the Executive Director.
``(B) Finality.--The decision of the Council to
affirm or reverse shall be final.
``(e) Effect of Denials.--The Executive Director may not include in
the budget recommendations of the Executive Director under section 657
a budget request for a program if the Executive Director has denied
certification or recertification of the program under this section
unless the decision of the Executive Director to deny certification or
recertification has been reversed by the Council under subsection (d).
``SEC. 659. COORDINATION WITH FEDERAL AGENCIES.
``(a) Requests for Assistance.--The head of each Federal agency
with responsibilities under the Domestic Terrorism Preparedness Plan
shall--
``(1) cooperate with the Council and the Executive
Director; and
``(2) subject to laws governing disclosure of information,
provide such assistance, information, and advice as the Council
and the Executive Director may request.
``(b) Notification in Cases of Noncompliance.--The Executive
Director shall--
``(1) notify a Federal agency in writing if the Executive
Director finds that the policies of the Federal agency are not
in compliance with the responsibilities of the Federal agency
under the Domestic Terrorism Preparedness Plan; and
``(2) submit any such notification to--
``(A) the Council;
``(B) the Committee on Transportation and
Infrastructure of the House of Representatives; and
``(C) the Committee on Environment and Public Works
of the Senate.
``(c) Certification of Policy Changes.--
``(1) In general.--
``(A) Notification.--The head of each Federal
agency with responsibilities under the Domestic
Terrorism Preparedness Plan shall, unless exigent
circumstances require otherwise, notify the Council and
the Executive Director in writing concerning any
proposed change in policies relating to the activities
of the Federal agency under the Domestic Terrorism
Preparedness Plan not less than 30 days before
implementing the change.
``(B) Review and certification.--During the 30-day
period beginning on the date of receipt of notification
of a proposed change under subparagraph (A), the
Executive Director, in coordination with the Council,
shall--
``(i) review the change; and
``(ii) subject to the approval of the
Council, certify to the Federal agency head in
writing whether the change is consistent with
the Domestic Terrorism Preparedness Plan.
``(2) Exigent circumstances.--
``(A) Notification.--If prior notice of a proposed
change under paragraph (1) is not practicable due to
exigent circumstances, the Federal agency head shall
notify the Council and the Executive Director as soon
as practicable.
``(B) Review and certification.--During the 30-day
period beginning on the date of receipt of notification
of a proposed change under subparagraph (A), the
Executive Director, in coordination with the Council,
shall--
``(i) review the change; and
``(ii) subject to the approval of the
Council, certify to the Federal agency head in
writing whether the change is consistent with
the Domestic Terrorism Preparedness Plan.
``(3) New programs and reallocations of resources.--Policy
changes subject to this subsection shall include the
establishment of a new program or office or reallocation of
resources (including Federal response teams) to enhance the
capabilities of State and local emergency preparedness and response
personnel with respect to terrorist attacks.
``SEC. 660. STATE AND LOCAL ADVISORY GROUP.
``(a) Establishment.--The Executive Director shall provide for the
establishment of a State and local advisory group for the Office.
``(b) Members.--The advisory group shall be composed of individuals
involved in State and local emergency preparedness for, and response
to, the consequences of terrorist attacks.
``(c) Voluntary Guidelines.--
``(1) In general.--The Executive Director shall provide for
the establishment by the State and local advisory group of
voluntary guidelines for the terrorist attack preparedness
programs of State and local government agencies for the purpose
of providing guidance in the development and implementation of
those programs.
``(2) Contents of guidelines.--The guidelines developed
under paragraph (1) shall address planning, equipment,
exercises, and training to achieve the end state of
preparedness.
``SEC. 661. ANNUAL COMPILATION OF THREAT AND RISK ASSESSMENTS.
``The Council shall annually compile the results of threat and risk
assessments conducted by Federal agencies for use by the Council in
ensuring the adequacy of the Domestic Terrorism Preparedness Plan and
Annual Implementation Strategies.
``SEC. 662. REVIEW OF STATE AND LOCAL PROGRAMS AND OTHER DUTIES OF THE
EXECUTIVE DIRECTOR.
``(a) Biennial Review of State and Local Programs.--The Executive
Director shall--
``(1) ensure that a biennial review is conducted of the
terrorist attack preparedness programs of State and local
government agencies; and
``(2) provide recommendations to the agencies based on the
reviews.
``(b) Analysis of Adequacy of Emergency Medical Preparedness.--
``(1) In general.--The Executive Director shall--
``(A) ensure that an analysis is conducted of the
adequacy of emergency medical preparedness in the event
of a major disaster; and
``(B) make recommendations based on the analysis.
``(2) Report.--The Executive Director shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that contains--
``(A) the results of the analysis under paragraph
(1)(A); and
``(B) the recommendations of the Executive Director
under paragraph (1)(B).
``(c) Policies Concerning Financial Assistance to States.--Subject
to the approval of the Council, the Executive Director shall establish
and publish general policies concerning financial assistance to States
based on--
``(1) the potential risk and threat of terrorist attacks in
the State;
``(2) the capabilities of the State to respond to the
consequences of terrorist attacks; and
``(3) the ability of the State to achieve the end state of
preparedness.
``(d) Curriculum of Federal Training and Exercise Programs.--After
completion of the certification of Federal training and exercise
programs under section 658, the Executive Director shall publish, and
update as necessary, a curriculum of the programs to assist State and
local emergency preparedness and response personnel in achieving the
end state of preparedness.
``(e) National Security Council Efforts.--
``(1) Meetings.--In the role of the Executive Director as
principal adviser to the National Security Council on Federal
efforts to assist State and local government agencies in
domestic terrorist attack preparedness matters, and subject to
the direction of the President, the Executive Director may
attend and participate in meetings of the National Security
Council.
``(2) Working group structure.--Subject to the direction of
the President, the Executive Director may participate in the
working group structure of the National Security Council.
``SEC. 663. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this subtitle--
``(1) $30,000,000 for fiscal year 2002; and
``(2) such sums as are necessary for each of fiscal years
2003 through 2006.
``(b) Availability.--Sums made available under subsection (a) shall
remain available until expended.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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