S 1453 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
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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.'.
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Source: U.S. Government Website |