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106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–731

PREPAREDNESS AGAINST TERRORISM ACT OF 2000

JULY 13, 2000.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. SHUSTER, from the Committee on Transportation and

Infrastructure, submitted the following

R E P O R T

[To accompany H.R. 4210]

[Including cost estimate of the Congressional Budget Office]

The Committee on Transportation and Infrastructure, to whom

was referred the bill (H.R. 4210) 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, having considered the same, reports

favorably thereon with an amendment and recommends that the

bill as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof

the following:

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 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 include—

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(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 or cybertechnology.’’.

(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.’’.

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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 and

terrorism involving cybertechnology.’’.

(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. OFFICE OF TERRORISM PREPAREDNESS.

(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 by adding at the end the

following:

‘‘Subtitle C—Office of Terrorism Preparedness

‘‘SEC. 651. ESTABLISHMENT OF OFFICE.

‘‘(a) IN GENERAL.—There is established in the Executive Office of the President

an Office of Terrorism Preparedness (in this subtitle referred to as the ‘Office’).

‘‘(b) APPOINTMENT OF DIRECTOR.—The head of the Office shall be the Director of

the Office of Terrorism Preparedness (in this subtitle referred to as the ‘Director’),

who shall be appointed by the President, by and with the advice and consent of the

Senate. In making the appointment, the President should consult with the Director

of the Federal Emergency Management Agency, the Attorney General of the United

States, and the Secretary of Defense.

‘‘SEC. 652. DUTIES OF DIRECTOR.

‘‘The Director shall—

‘‘(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 or

cybertechnology;

‘‘(2) publish a Domestic Terrorism Preparedness Plan and an annual strategy

for carrying out the plan in accordance with section 653;

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‘‘(3) biennially review the terrorist attack preparedness programs of State and

local governmental entities and provide recommendations to such entities based

on such reviews;

‘‘(4) establish voluntary guidelines for the terrorist attack preparedness programs of State and local governmental entities in accordance with section 656;

‘‘(5) consult with, and serve as a contact for, State and local governmental entities implementing terrorist attack preparedness programs;

‘‘(6) 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;

‘‘(7) make recommendations to the President and to the National Security

Council regarding—

‘‘(A) changes in the organization, management, and budgets of Federal

departments and agencies; and

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

to implement the policies, priorities, and objectives established under paragraph

(1) and the Domestic Terrorism Preparedness Plan; and

‘‘(8) notify a Federal department or agency in writing if the Director finds

that its policies are not in compliance with its responsibilities under the Domestic Terrorism Preparedness Plan and transmit a copy of such notification to the

President.

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

‘‘(a) DEVELOPMENT OF PLAN.—Not later than 180 days after the date of appointment of the Director, the Director shall develop a Domestic Terrorism Preparedness

Plan and transmit a copy of the plan to the President and Congress. The Director,

as necessary, may extend the deadline established by this subsection, except that

any such extension may not exceed 90 days.

‘‘(b) CONTENTS.—The Domestic Terrorism Preparedness Plan shall include—

‘‘(1) a statement of the policies, objectives, and priorities established by the

Director under section 652(1);

‘‘(2) a plan for implementing such policies, objectives, and priorities, which is

based on a threat and risk assessment and includes measurable objectives to

be achieved in each of the following 5 years for enhancing domestic preparedness against a terrorist attack; and

‘‘(3) 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 paragraph (2).

‘‘(c) ANNUAL STRATEGY.—

‘‘(1) IN GENERAL.—The Director shall develop and transmit to the President

and 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—

‘‘(A) a description of Federal training and exercise programs, grant programs, and other activities conducted in the fiscal year preceding the fiscal

year for which the strategy has been developed related to domestic preparedness against a terrorist attack and recommendations concerning

whether any of such programs may be duplicative;

‘‘(B) a description of Federal training and exercise programs, grant programs, and other activities to be conducted in the fiscal year for which the

strategy has been developed under the Domestic Terrorism Preparedness

Plan and measurable objectives to be achieved in such fiscal year for enhancing domestic preparedness against a terrorist attack; and

‘‘(C) a complete assessment of how the budget proposal transmitted for

the fiscal year under section 654(a) is intended to implement the strategy

and whether the funding levels contained in such proposal are sufficient to

implement such strategy.

‘‘(d) CONSULTATION.—

‘‘(1) IN GENERAL.—In developing the Domestic Terrorism Preparedness Plan

and each annual strategy for carrying out the plan, the Director shall consult

with—

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‘‘(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.—At the time the Director submits the Domestic Terrorism Preparedness Plan or an annual strategy to the President and Congress, the Director shall transmit a report to the President and Congress indicating the persons

consulted under this subsection.

‘‘(e) TRANSMISSION OF CLASSIFIED INFORMATION.—Any part of the Domestic Terrorism Preparedness Plan under subsection (a) or an annual strategy under subsection (c) 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 Director 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 Director shall ensure that the following 3 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 and State laws that can be used to combat

terrorist attacks against transportation facilities, personnel, and passengers, and the extent to which such laws are enforced.

‘‘(C) An evaluation of available technologies and practices to determine

the best means of protecting mass transportation facilities, personnel, and

passengers against terrorist attacks.

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

‘‘SEC. 654. NATIONAL DOMESTIC PREPAREDNESS BUDGET.

‘‘(a) DEVELOPMENT AND TRANSMISSION OF BUDGET.—The Director shall develop for

each fiscal year, with the advice of the program managers of departments and agencies with responsibilities under the Domestic Terrorism Preparedness Plan and appropriate State and local governmental entities, a consolidated budget proposal to

implement the Domestic Terrorism Preparedness Plan, and shall transmit a copy

of the budget proposal to the President and Congress.

‘‘(b) BUDGET SUBMISSIONS BY DEPARTMENTS AND AGENCIES.—Each Federal Government program manager, agency head, and department head with responsibilities

under the Domestic Terrorism Preparedness Plan shall transmit the budget request

of the program, agency, or department relating to such responsibilities to the Director at the same time as such request is submitted to their superiors (and before submission to the Office of Management and Budget) in the preparation of the budget

of the President submitted to Congress under section 1105(a) of title 31, United

States Code.

‘‘(c) REVIEW OF BUDGET SUBMISSIONS.—The Director shall—

‘‘(1) review each budget request transmitted to the Director under subsection

(b);

‘‘(2) certify in writing as to the adequacy of such request to implement the

objectives of the Domestic Terrorism Preparedness Plan for the fiscal year for

which the request is submitted; and

‘‘(3) notify the program manager, agency head, or department head, as applicable, regarding the Director’s certification under paragraph (2).

‘‘(d) REPROGRAMMING AND TRANSFER REQUESTS.—

‘‘(1) IN GENERAL.—No Federal department or agency shall submit to Congress

a reprogramming or transfer request that is included in the consolidated budget

proposal developed under subsection (a) unless such request has been approved

by the Director.

‘‘(2) APPEALS.—The Secretary of a department or the head of an agency may

appeal to the President any disapproval by the Director of a reprogramming or

transfer request.

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‘‘(3) QUARTERLY REPORTS.—The Director shall report to Congress on a quarterly basis regarding the need for any reprogramming or transfer of appropriated funds for activities under the Domestic Terrorism Preparedness Plan.

‘‘(e) RECORDS.—The Director shall maintain records regarding certifications under

subsection (c)(2).

‘‘(f) NOTICE TO OMB OF INADEQUATE REQUESTS.—If the Director determines under

subsection (c)(2) that a budget request is not adequate to implement the objectives

of the Domestic Terrorism Preparedness Plan for the fiscal year for which the request is submitted, the Director shall transmit a written statement of such determination to the Director of the Office of Management and Budget.

‘‘(g) TIMELY DEVELOPMENT AND SUBMISSION OF BUDGET REQUESTS.—The head of

each Federal department and agency with responsibilities under the Domestic Terrorism Preparedness Plan shall ensure timely development and transmittal of budget requests pursuant to subsection (b) in such format as may be designated by the

Director with the concurrence of the Director of the Office of Management and

Budget.

‘‘(h) FAILURE OF DIRECTOR TO MAKE TIMELY DETERMINATIONS.—With respect to

the first fiscal year for which budget requests are submitted under subsection (b),

if the Director does not make a timely determination with respect to the adequacy

of such a request, the program or activity for which the request is being made shall

be eligible for funding at the same level as the program or activity received funding

in the preceding fiscal year.

‘‘SEC. 655. CERTIFICATION OF FEDERAL TRAINING AND EXERCISE PROGRAMS.

‘‘(a) CERTIFICATION OF PROGRAMS.—Not later than 270 days after the date of appointment of the Director, the Director shall conduct a review of each training and

exercise program being conducted by a Federal department or agency to enhance the

capabilities of State and local emergency preparedness and response personnel with

respect to terrorist attacks. Upon completing the review, the Director shall either

certify or deny certification for the program based on criteria to be developed by the

Director. The Director, as necessary, may extend the deadline established by this

subsection with respect to a training or exercise program, except that any such extension may not exceed 180 days.

‘‘(b) RECERTIFICATION OF PROGRAMS.—A training or exercise program that is certified by the Director under subsection (a) shall be reviewed by the Director on or

before June 15th of the third fiscal year beginning after the date of certification and

on or before June 15th of every third fiscal year thereafter. Upon completing each

review, the Director shall either recertify or deny recertification for the program

based on criteria to be developed by the Director.

‘‘(c) EFFECT OF DENIALS.—The Director may not certify a budget request transmitted for a fiscal year under section 654 with respect to any training or exercise

program for which the Director has denied certification or recertification for a period

including such fiscal year under this section.

‘‘(d) DEVELOPMENT OF CERTIFICATION CRITERIA.—In developing criteria for certifications and recertifications under this section, the Director shall seek to eliminate

duplicative Federal programs and to further Federal efforts toward implementation

of the policies, objectives, and priorities of the Domestic Terrorism Preparedness

Plan.

‘‘(e) ESTABLISHMENT OF NEW PROGRAMS AND OFFICES.—Before a Federal department or agency may establish a new program or office to enhance the capabilities

of State and local emergency preparedness and response personnel with respect to

terrorist attacks, the head of the department or agency shall consult with the Director to determine whether the new program or office is consistent with the Domestic

Terrorism Preparedness Plan.

‘‘SEC. 656. VOLUNTARY GUIDELINES FOR STATE AND LOCAL PROGRAMS.

‘‘The Director shall establish 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.

‘‘SEC. 657. GRANTS TO STATE AND LOCAL ENTITIES.

‘‘The Director may make grants to a State or local governmental entity to offset

the costs of participation by the entity in any training or exercise program that has

been certified by the Director under section 655.

‘‘SEC. 658. POWERS OF DIRECTOR.

‘‘In carrying out this subtitle, the Director may—

‘‘(1) select, appoint, employ, and fix compensation of such officers and employees as may be necessary to carry out the functions of the Office under this subtitle;

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‘‘(2) 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;

‘‘(3) use for administrative purposes, on a reimbursable basis, the available

services, equipment, personnel, and facilities of Federal, State, and local

agencies;

‘‘(4) 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;

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

‘‘(6) use the mails in the same manner as any other department or agency

of the executive branch; and

‘‘(7) monitor the implementation of the Domestic Terrorism Preparedness

Plan, including—

‘‘(A) conducting program and performance audits and evaluations; and

‘‘(B) requesting assistance from the Inspector General of the relevant

agency in such audits and evaluations.

‘‘SEC. 659. ROLE OF DIRECTOR IN NATIONAL SECURITY COUNCIL EFFORTS.

‘‘The Director may, in the Director’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.

‘‘SEC. 660. 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 Director and, subject to laws governing disclosure of information,

provide such assistance, information, and advice as the Director may request.

‘‘(b) CERTIFICATION OF POLICY CHANGES BY DIRECTOR.—

‘‘(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 Director 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 Director 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.t—If prior notice of a proposed

change under paragraph (1) is not possible, the department or agency head

shall notify the Director as soon as practicable. The Director 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.

‘‘(c) GENERAL SERVICES ADMINISTRATION.—The Administrator of General Services

shall provide to the Director on a reimbursable basis such administrative support

services as the Director may request.

‘‘SEC. 661. 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.’’.

(b) EXECUTIVE SCHEDULE PAY RATES.—Section 5313 of title 5, United States Code,

is amended by adding at the end the following:

‘‘Director, Office of Terrorism Preparedness.’’.

PURPOSE AND SUMMARY

H.R. 4210, the ‘‘Preparedness Against Terrorism Act of 2000,’’

amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to improve the nation’s ability to prepare for and respond to acts of terrorism in the United States. The

bill improves federal efforts to assist state and local emergency preparedness and response personnel in preparation for domestic terrorist attacks and creates an Office of Terrorism Preparedness to

coordinate federal efforts.

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1The National Defense Authorization Act for fiscal year 1998 (P.L. 105–85, §1051) required

that OMB establish a system for collecting and reporting information on executive agencies’

spending and budgets for combating terrorism. This information is included in OMB’s annual

report to Congress as required by the statute. 2 Complete data on terrorism-related spending was not available for FYs 1994 or 1995. FY 1996 spending for unclassified terrorism related programs and activities totaled $5,737.1 billion.

‘‘Combating Terrorism Spending on Governmentwide Programs Requries Better Management

and Coordination,’’ p. 6, December 1997. GAO/NSIAD–98–39. 3 Although OMB’s ‘‘Annual Report to Congress on Combating Terrorism—Including Defense

against Weapons of Mass Destruction/Domestic Preparedness and Critical Infrastructure Protection’’ dated May 18, 2000 reports a FY 2001 budget request of $9.3 billion, GAO’s testimony

before a Subcommittee hearing reports that figure is $11.1 billion. ‘‘Combating Terrorism Issues

in Managing Counterterrorist Programs,’’ p. 7, April 6, 2000. GAO/T–NSIAD–00–145.

BACKGROUND AND NEED FOR LEGISLATION

The Committee on Transportation and Infrastructure is responsible for authorizing and overseeing federal programs designed to

prepare the nation’s communities against a terrorist or other type

of attack. The Committee’s responsibility for these programs was

strengthened and consolidated under Title XXXIV of the National

Defense Authorization Act for Fiscal Year 1995 which transferred

authorities in the Civil Defense Act into Title VI of the Stafford

Act. This consolidation recognized the ‘‘all hazards’’ approach to

preparedness. That is, many of the skills necessary to prepare a

community for a natural disaster are the same or similar to those

necessary to prepare a community for a premeditated attack. The

consolidation of statutory authorities for preparedness into the

Stafford Act streamlined congressional oversight over preparedness

programs.

The occurrence of terrorist incidents in the United States and

abroad over the last several years, including attacks on the World

Trade Center in New York City and the Alfred P. Murrah federal

building in Oklahoma City, raised concerns about the vulnerability

of our communities to domestic terrorism. In response, Congress

and the Executive Branch quickly created a wide-ranging array of

federal programs to assist state and local officials in responding to

such an incident. The urgency of improving on these efforts stems

from expert predictions that a terrorist incident involving a weapon

of mass destruction will occur in the United States within the next

five to ten years.

Currently, more than 40 federal departments and agencies have

established terrorism preparedness programs. At the time this bill

was introduced, the federal government had created more than 100

federal terrorism response teams and offered close to 100 separate

federal terrorism preparedness training courses. Fragmentation

among these courses has resulted in 12 states not receiving any

federal training. Federal funding for counterterrorism programs

has increased significantly since 1996, and budget requests for FY

2001 indicate this trend will continue. Since the Office of Management and Budget began consolidating the counterterrorism budget

at the request of Congress in 1998,1 funding for counterterrorism

programs has nearly doubled from a FY 1996 budget of more than

$5.7 billion 2 to a FY 2001 request of approximately $11 billion.3

Emergency managers nationwide agree that many of the problems in the federal effort arise from the lack of a coherent national

strategy to guide preparedness programs. In fact, all of the federal

programs were created in the absence of a national strategy. Many

were created without considering existing resources resulting in

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4 In an effort to avoid confusion associated with the term ‘‘first responder,’’ specific reference

to ‘‘first responders’’ is avoided in the language of H.R. 4210. Instead, the Committee uses the

terms ‘‘emergency responder’’ and ‘‘emergency personnel’’ which are used interchangeably to include all individuals who may respond to or assist in planning to respond to an incident including police, fire service, medical, a state or local emergency manager, or other responder.

overlapping subject matter and capabilities. The outcome of these

independent federal efforts is a mass of programs that are described by state and local emergency personnel as fragmented, uncoordinated, inefficient and confusing.

In October 1998, recognizing the problems existing within the

federal structure, the Attorney General created the National Domestic Preparedness Office (NDPO), an office within the Federal

Bureau of Investigation to coordinate federal programs and to serve

as a resource for state and local emergency personnel. While well

intentioned, the office was not given the authority to influence or

coordinate the efforts of other agencies. In contrast, H.R. 4210, creates an office which is provided with the authority and influence

to achieve its mission.

H.R. 4210

The Preparedness Against Terrorism Act of 2000 addresses many

problems in the federal terrorism preparedness effort as identified

by state and local emergency personnel. These problems include:

(1) a lack of a national strategy for preparedness against terrorist

attacks; (2) the absence of a defined preparedness level to be

achieved, or ‘‘end state,’’ for emergency responders; 4 (3) a lack of

coordination within the federal government resulting in overlapping and fragmented programs; (4) the absence of clear leadership

for federal preparedness and coordination; and (5) the ability to influence all federal agencies involved in preparedness efforts.

One of the major concerns of emergency responders is the lack

of clear leadership within the federal government. The lack of demonstrated leadership coupled with the absence of a national strategy and a structured federal effort results in confusion for state

and local emergency personnel when seeking federal assistance. To

address this problem, the bill creates an Office of Terrorism Preparedness (OTP) within the Executive Office of the President,

which provides structured leadership and authority for the federal

preparedness effort.

By removing the responsibility for coordination from the agencies

and placing it in the Executive Branch, program decisions will be

made independent of parochial factors or an agency’s self-interest.

The OTP will be responsible for drafting a five-year national plan

and annual strategies to achieve the goals of the national plan.

The Committee does not believe the Attorney General’s ‘‘FiveYear Interagency Counter-Terrorism and Technology Crime Plan’’

issued on December 30, 1998 meets the criteria necessary for a national plan. Therefore, H.R. 4210 lays out specific content requirements of the ‘‘Domestic Terrorism Preparedness Plan.’’ These specific requirements are discussed further in the section by section

analysis. In general, the Committee expects the national plan to include a logical process for efficiently providing training, response

teams, and other support for the nation’s communities. This process must include the following:

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• An assessment of the risk and threat communities currently face.—Determining priorities for training and other preparedness support starts with a risk and threat assessment.

The Committee intends this to be an assessment of the expected damage a community faces (a factor combining the

probability of an attack and the damage such an attack could

cause). Once again, such an assessment may need to be slightly different for determining priorities for training, response, or

other services. • An assessment of the existing and expected capabilities of

communities.—Priorities are not solely dependent on the risk

of an attack, but also on the existing or expected capabilities

of a community. For example, one city may have a relatively

greater risk of a terrorist attack. However, because of that

city’s high level of preparedness for other disasters, such as

earthquakes, it may already be highly capable of responding to

a WMD event. Thus, this city may require a different level of

training than other communities. It is also expected that a capability assessment will be necessary to determine progress toward the desired end-state. • A defined and measurable desired end-state to be

achieved.—The definition of a desired end-state will differ for

each aspect of preparedness including training, response,

equipment, and other support services. In part, a defined response end-state could include a requirement that every community facing a significantly high risk of attack (to be defined)

have a fully staffed WMD response team (also to be defined)

on-site within 30 minutes of the identification of a WMD event. • A plan for using federal programs and other resources to

assist communities in achieving the desired end-state.—The

primary responsibility of the OTP is to identify the gap between the needs (as determined by the risk/threat assessment

and the capability assessment) and the desired end-state and

determine how such gaps can be most efficiently closed by the

federal programs. This will mean setting out a plan that identifies priorities and desirable funding levels, and coordinates

the federal programs such that they fulfill these priorities

without duplication.

The national plan will serve as a basis for measuring the effectiveness of each federal program once the OTP has completed an

inventory of all federal preparedness programs. Once the inventory

is complete, should the Director determine that a program does not

comply with the plan or duplicates other programs, he may use the

certification process provided in the bill to encourage improvement

in the program. This certification process affects both existing and

proposed programs, and agencies may be called upon to justify the

content of a particular program.

The national plan must be based on risk, threat and capability

assessments. Experts capable of performing these analyses exist in

the Federal agencies and some may either be complete or be in the

process of being completed. It is the responsibility of the Director

of the OTP to ensure that these analyses are completed and that

they consider the appropriate factors to be able to determine priorities for training, response, equipment and other preparedness

services. The Committee also expects the OTP Director to require

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the coordination of intelligence and other efforts and, possibly, the

collection of new information.

STREAMLINING AND COST REDUCTION

Implementation of this legislation will ultimately result in making the preparedness programs within the federal government more

effective. The Committee anticipates that some programs will be

eliminated or reworked according to the national plan. The outcome of this reorganization will result in the reduction of costs associated with providing duplicative or unnecessary training programs and response teams. Ultimately, the Committee believes this

legislation will result in a more efficient and effective federal effort

to prepare the nation’s emergency personnel against terrorist attacks.

CONCLUSION

Passage of this legislation will result in an organized and effective federal approach to preparing emergency personnel to respond

to terrorist attacks and supporting our communities should such an

attack occur. This bill is the culmination of numerous discussions

with the administration and state and local emergency personnel

as well as three Subcommittee hearings. In an effort to eliminate

additional duplication, it is the intent of this Committee that the

Office of Terrorism Preparedness draw upon existing resources in

executing its duties as identified in the bill. Therefore, the help of

existing federal, state, local, and non-governmental entities will be

necessary for the office to accomplish the goals established in the

legislation. The tools provided in the bill, including a federal program inventory and reasoned threat and risk assessments, will assist the federal government in providing programs that effectively

meet the needs of communities without costly overlap and duplication.

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; references

The short title of this Act is the ‘‘Preparedness Against Terrorism

Act of 2000.’’ All amendments or repeals contained in this Act are

made to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

Section 2. Findings and purposes

Describes findings and purposes applicable to the Act.

Subsection (a) makes two findings: (1) that federal interagency

planning for early detection, warning and response to potential domestic terrorist attacks involving weapons of mass destruction and

cybertechnology is inadequate and should be strengthened; (2) that

duplication exists in federal programs to assist state and local

emergency preparedness and response personnel and coordination

among federal agencies and departments will eliminate this duplication. Since the bombings of the World Trade Center in 1993 and

the Alfred P. Murrah federal building in 1995, Congress has directed the creation of numerous programs to address preparedness

of emergency responders against terrorist attacks. Although the

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agencies have created high quality programs, many operate independently of each other. The result is an uncoordinated effort created in the absence of a national strategy without a defined endstate for preparedness. In addition, there is currently no complete

inventory of federal preparedness programs. As a result, we do not

accurately know how many federal programs exist or the capabilities of emergency responders.

Subsection (b) states the purpose of the Act. The purpose is to

(1) coordinate and make more effective federal efforts to assist

state and local emergency responders; (2) designate a lead entity

to coordinate federal efforts; and (3) update federal authorities to

reflect increased risk of terrorist attacks.

Section 3. Definition of major disaster

Amends subsection 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to expand the current definition of ‘‘major disaster’’ as defined in subsection 102(2).

This includes, regardless of cause, acts of terrorism and other catastrophic events. The current definition does not include the release

of a chemical or biological agent released in a manner other than

an explosion. Expanding the definition in this manner reflects current and emerging threats.

Section 4. Administration of emergency preparedness programs by

the President

Title VI is the only title of the Stafford Act that must be specifically implemented by the Director of the Federal Emergency Management Agency. This section replaces references to the ‘‘Director’’

with the ‘‘President’’, thereby making title VI consistent with the

rest of the Act. In addition, this change more accurately reflects the

current practices of the Executive Branch. At this time, other agencies in addition to FEMA are involved in the preparedness activities included in title VI.

Section 5. Definitions

Amends and adds definitions contained in section 602(a). The

definition of the term ‘‘hazard’’ is amended to include a domestic

terrorist attack involving a weapon of mass destruction or

cybertechnology. The definition of the term ‘‘emergency preparedness’’ is expanded to allow for the predeployment of personnel and

other resources for major events. The definition of the term ‘‘natural hazard’’ is expanded to include snow drought. Finally, the Defense Authorization Act of FY 1998 definition of the term ‘‘weapon

of mass destruction’’ is inserted into section 602. The Committee

selected this definition of weapon of mass destruction because of its

narrow scope. The Stafford Act already covers [incidents resulting

from] the use of high yield explosives through the definition of a

major disaster as defined in subsection 102(2).

Section 6. Detailed functions of administration

Subsection (a) expands existing duties under the Stafford Act for

emergency response plans and programs. In effect, the bill requires

the President to ensure that the Federal Response Plan is adequate

to respond to acts of terrorism.

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5These advisory groups include the Congressionally authorized ‘‘Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction’’, the National Emergency Managers Association, the International Association of Fire Chiefs, and the

National League of Cities.

Subsection (b) expands the study and development of emergency

preparedness measures to include prevention of hazards, and the

development of shelter designs, clothing and equipment. This subsection is not meant to alter the existing responsibilities of any

non-governmental entity under the Federal Response Plan and affects only the study and development of the listed items.

Subsection (c) expands existing section 611(f), which covers training programs to also include exercises. An additional section requires the President to base training and exercise program content

and priorities on a reasoned assessment of existing threats, capabilities and objectives so that emergency responders are adequately

prepared against terrorist attacks.

Section 7. Repeals

Repeals two outdated sections of the Stafford Act, sections 615

and 622. Section 615 contains language that enables funds to be

used for natural hazards. Other provisions of title VI address all

hazards, both natural and man-caused, therefore, section 615 is superfluous. Section 622 establishes detailed security requirements.

These requirements, first set out in 1950 in the Civil Defense Act,

are outdated, and are now inconsistent with standards established

in subsequent Executive Orders and OPM regulations.

Section 8. Authorization of appropriations

This section amends Title VI authorization of appropriations to

require that training and exercise programs established under Title

VI are consistent with the priorities established under section

611(f)(2) as established under Section 8 of this bill.

Section 9. Office of Terrorism Preparedness

Amends Title VI of the Stafford Act creating new sections 651

through 661 to create an Office of Terrorism Preparedness within

the Executive Office of the President that has the authority to coordinate the efforts of the federal agencies and departments with

terrorism preparedness programs.

New section 651. Establishment of office

Subsection (a) establishes the Office of Terrorism Preparedness

within the Executive Office of the President. The Committee emphasizes that this Office cannot be successful in its mission to coordinate federal efforts without proper authority to affect the programs of the involved agencies. Several advisory groups 5 have

stressed the need for the Office to be established independent of existing agencies. By placing this Office in the Executive Office of the

President, it can more effectively oversee federal programs and accomplish its goals without being involved in the day-to-day management of any single agency.

Subsection (b) sets out the appointment process for the Director

of this office. The Director is appointed by the President. The President should consult with the Director of FEMA, the Secretary of

Defense and the Attorney General in making this appointment.

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Once selected, the nominee is then subject to confirmation by the

Senate.

New section 652. Duties of Director

Under this section, the Director is required to: (1) establish the

Federal government’s policies, objectives and priorities for enhancing state and local response to all domestic terrorist attacks; (2)

create a five-year national plan (the Domestic Preparedness Plan)

with annual strategies to achieve the goals of the national plan; (3)

biennially review state and local preparedness programs; (4) create

voluntary guidelines for state and local preparedness programs; (5)

consult with and serve as a contact for state and local entities implementing terrorist attack preparedness programs; (6) coordinate

and oversee Federal efforts to ensure compliance with established

policies; (7) make recommendations to the President and National

Security Council regarding allocation of personnel within departments and agencies, and organization, management, and budgets of

federal agencies and departments; (8) notify an agency or department in writing if they are not in compliance with their responsibilities under the national plan.

This legislation addresses the lack of coordination and communication between agencies involved in federal preparedness efforts.

This section addresses some of the major problem areas within the

federal programs. The goal of this Act is not to create or eliminate

specific programs, but to provide a structure for identifying where

overlap exists and what specific steps should be taken to improve

these programs. The Director is tasked with assessing existing programs to determine the value and function of each including how

each fits into the national strategy.

Due to the large number of existing resources, the Director is required to draw upon those existing resources and capabilities in

executing his duties. Specifically, in drafting the Domestic Preparedness Plan, the Director must consider existing plans. These

existing plans include planning documents, equipment lists, and

program inventories. In addition, in completing his duties, the Director must, when appropriate, consult with and utilize existing

interagency boards and committees, existing government entities,

and other sources including non-governmental organizations with

existing capabilities.

There is additional concern that current funding provided to the

individual states is not based on established standards or policies.

Therefore, the Director should create state funding policies based

on several factors including potential risk and threat, response capabilities, and ability to achieve the defined end-state for preparedness. Also, the Director should address the establishment of a

standardized incident command within the identified objectives.

The Director is also strongly encouraged to establish a ‘‘State and

Local Advisory Group’’ (SLAG) composed of individuals involved in

state and local emergency preparedness and response to terrorist

attacks. This group should serve as a resource for establishing the

voluntary guidelines, providing input on issues that should be addressed in the national strategy, and keeping the Director informed

of the issues affecting state and local responders, including the

need for creating a plan to address information sharing from the

federal level to state and local officials.

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New section 653. Domestic Terrorism Preparedness Plan and

annual strategy

Subsection (a) requires the Director to draft the Domestic Terrorism Preparedness Plan (‘‘national plan’’ or ‘‘plan’’) within 180

days of appointment. The Director must transmit a copy of the plan

to the President and to Congress upon completion.

Subsection (b) requires the plan to include: (1) the statement of

policies, objectives and priorities as established in § 652(1); (2) a

plan for implementing these policies, objectives and priorities including measurable objectives for each year of the five-year strategy; (3) a detailed description of the role of each federal agency or

department and state and local governmental entities under the

strategy.

Under paragraph (b)(3) the plan must include an evaluation of

each federal response team and the assistance each team offers to

state and local emergency personnel during response to a terrorist

attack. This evaluation should include an assessment of how the

team will assist state and local emergency personnel once they

have achieved the desired end-state for preparedness. A detailed

recommendation for expanding these teams, including the Department of Defense’s Weapons of Mass Destruction—Civil Support

Teams (WMD-CST), to each state, territory, and the District of Columbia should accompany this evaluation.

In developing ways to enhance domestic preparedness against a

terrorist attack, the Director should consider the need for additional terrorism preparedness training facilities. These facilities

should be located at a college or university that already maintains

agreements with law enforcement agencies to provide continuous

skills education focusing on providing training to law enforcement

and emergency responders geared to the specific needs of preparing

rural communities in the event of a terrorist attack.

Additionally, the Director shall consider the possible roles and

relationship between existing and proposed national training sites

including, but not limited to, sites at Fort McClellan, Alabama, the

Nevada Test Site near Las Vegas, Nevada, and the National Fire

Academy in Emmitsburg, Maryland.

Subsection (c) establishes the requirements for the annual strategies, which lay out the steps that must be achieved to meet the requirements as set out in the national plan. Each annual strategy

shall be transmitted to Congress and the President at the same

time the President’s budget request is submitted to Congress.

Subsection (d) lists the individuals and entities the Director must

consult when drafting the national plan and annual updates. These

individuals and organizations will be listed in the report to Congress and the President provided that they were involved in consultation with the OTP.

Groups to be consulted include: (1) the head of each federal department or agency that will have responsibilities under the national or annual strategy. This subsection is also meant to include

all entities, governmental or non-governmental, with responsibilities under the Federal Response Plan (FRP). This group includes

the Red Cross in its specifically authorized responsibilities under

the FRP. Additional entities include (2) Congress; (3) State and

local officials; (4) Congressionally authorized panels; (5) emergency

preparedness organizations with memberships that include state

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and local emergency responders. The term ‘‘emergency responders’’

is meant to include emergency managers as well as those typically

defined as emergency responders. Therefore, subparagraph (E) includes associations such as the National Emergency Management

Association (NEMA), the National Governor’s Association (NGA),

the National League of Cities (NLC), and the International Association of Fire Chiefs (IAFC).

Subsection (f) requires the Director to include in the risk and

threat assessment an evaluation of those risks and threats affecting mass transportation facilities including its employees and passengers. In developing the annual preparedness plan and risk assessment strategy, the entity designated to perform the assessment

shall ensure that the risks of terrorist attacks against transportation personnel, passengers, and facilities are included in the assessment. In part, the risk assessment plan and strategy will help

create safer transit by making it safer for passengers and transit

employees.

In developing the plan, both Federal and state laws to combat

terrorism should be examined. Consultation with representatives of

transportation service providers and representatives of employees

of such persons shall occur in the development of the annual plan.

New section 654. National domestic preparedness budget

Subsection (a) requires the Director to develop an annual consolidated budget proposal to implement the national plan. In drafting

this budget, the Director must work with agency program staff and

state and local government entities to ensure that each program’s

budget is consistent with the annual consolidated budget proposal.

Once completed, the budget proposal is transmitted to the President and to Congress.

Subsection (b) requires the appropriate agency official with responsibilities under the strategy to submit the program budget request to the Director of the Office at the same time the budget is

submitted to the official’s superior. This subsection enables the Director to be involved in the program budget at the beginning of the

process. By requiring the agency to submit the budget to the Director before it has been approved through agency management and

prior to OMB submission, the Director has a greater opportunity

to influence the budget process and ensure agency compliance with

the strategy.

Subsection (c) requires the Director of the Office to review the

budget requests submitted under subsection (b); provide a written

certification for each budget request that details the adequacy of

the request for the upcoming fiscal year; and provide notification

to the individual who submitted the budget to the Office regarding

the Director’s certification. Subsection (e) requires the Director to

keep records regarding the certification of each program’s budget.

Subsection (d) establishes the procedure for an agency to reprogram or transfer funds. If an agency is given the freedom to reprogram or transfer funds without the input or knowledge of the OTP

Director, that agency could use those funds in a manner inconsistent with the national plan. By requiring an agency to consult

with the Director and seek his approval in all reprogramming or

transfer of funds requests, the Director may ensure that all funds

are spent according to the national plan. This section also provides

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that an agency may appeal the Director’s decision to the President

if the agency is not satisfied with the determination of the Director.

In addition, the Director is required to report to Congress on a

quarterly basis regarding reprogramming or transfer for activities

under the national plan.

The budget portion of this bill closely tracks the authorization

language of the Office of National Control Policy (ONDCP). While

there are some differences and enhancements, both processes specifically include the Office of Management and Budget (OMB) in

the budget process. For example, subsection (f) requires the Director to notify the Director of the OMB if he determines that an

agency’s budget is not adequate to conform with the national plan.

In addition, subsection (g) requires agencies to comply with the

bill’s budget structure in a timely fashion, and in a format agreed

upon by the Directors of OTP and the OMB. However, in the event

that the OTP Director is not able to complete the budget process

during the OTP’s first year of existence, subsection (h) provides

that existing programs are eligible for funding at the previous fiscal year’s level.

New section 655. Certification of federal training and exercise

programs

The Director is required to oversee all elements of the federal

agencies’ terrorism preparedness programs. This section requires

the Director to review each program and either certify or deny certification for each program. The Director may not certify a budget

request for a program that has been denied certification. Should a

program be included in the President’s budget request that has not

been certified by the Director, a copy of the Director’s denial of certification will accompany the budget request when it is submitted

to Congress. Certification through this process ensures that each

program is consistent with the goals of the national plan.

In effect, this section ensures that duplication and fragmentation

will be eliminated through the certification process because the Director’s certification criteria must seek to eliminate duplicative programs. In addition, this section requires an agency to consult with

the Director in the creation of a new office or program to ensure

from the outset that the new program is consistent with the national strategy. As the plan progresses, and the nation becomes

more prepared, the programs are reevaluated and re-certified on a

three year schedule.

This initial detailed analysis of each federal program will also assist the creation of the national plan. In order to complete the certification task, it will be necessary for the Director to keep an inventory of each program that includes a detailed description.

New section 656. Voluntary guidelines for State and local

programs

The Director is required to establish voluntary guidelines for

equipment, exercises and training for the terrorist attack preparedness programs of state and local government entities. This section

establishes a desired threshold level of preparedness for state and

local emergency responders. These guidelines should serve as a

roadmap for state and local responders to assist in achievement of

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the desired level of preparedness. This section is not intended to

be a mandate.

New section 657. Grants to State and local entities

The Director may award grants to state and local entities to lessen the financial burden of attending training and exercise programs that have been certified by the Director. These grants are

specifically limited to attendees of federal programs that are certified by the Director as being consistent with the goals of the national strategy.

New section 658. Powers of Director

This section enables the Director to hire staff, request detailees,

hire experts or consultants and to execute other administrative

functions. In addition, this section provides the Director with the

authority to conduct program and performance evaluations and audits using agencies Inspectors General to perform these audits.

New section 659. Role of Director in National Security Council efforts

In his role as the principal adviser to the National Security

Council (NSC) regarding terrorist attack preparedness matters, at

the direction of the President, the Director may participate in

meetings of the NSC. This section enables the Director to participate in the NSC’s current working group structure as established

under Presidential Decision Directive 62.

New section 660. Coordination with executive branch departments and agencies

This section requires the agencies with responsibilities under the

national strategy to cooperate with the Director by providing assistance, information and advice at the request of the Director.

Each agency is also required to give written notification to the Director of any proposed change in policy prior to implementing the

change so that the Director may determine whether the proposed

change is consistent with the national strategy.

New section 661. Authorization of appropriations

The OTP is provided with $9 million for fiscal year 2001 and

such sums as may be necessary through 2005. The position of OTP

Director is designated as ES–II.

HEARINGS

The Subcommittee on Oversight, Investigations, and Emergency

Management held three hearings on domestic preparedness against

terrorist attacks. During the first hearing, held on June 9, 1999,

witnesses identified the lack of coordination within the federal government regarding preparedness against terrorist attacks. Witnesses at this hearing included Administration officials from

FEMA, DOD, and DOJ as well as representatives of the National

League of Cities (NLC) and the International Association of Fire

Chiefs (IAFC). In addition, testimony from the General Accounting

Office (GAO) identified instances of overlap within the framework

of federal programs, specifically the duplication of subject matter

19

within the Department of Defense (DOD) training programs and

the Department of Justice and FEMA training programs.

According to GAO, DOD’s Domestic Preparedness Program (DPP)

was developed without the input from other federal agencies with

existing training programs. At the time of the hearing, the DOD

training programs covered only 22 percent of the population. Furthermore, the combined training programs of DOD, DOJ and

FEMA were offered in 38 states, leaving 12 states without federal

training assistance. Witnesses also testified that duplication and

fragmentation in federal programs causes confusion for state and

local responders.

The Subcommittee’s second hearing, held on April 6, 2000, focused on the findings of the first report of the congressionally authorized ‘‘Advisory Panel to Assess Domestic Response Capabilities

for Terrorism Involving Weapons of Mass Destruction’’ (the Panel)

chaired by Virginia Governor James Gilmore. Witnesses at this

hearing included the Vice-Chairman of the Panel General James

Clapper, GAO, and local emergency response officials from several

areas around the nation. In addition to identifying ways to improve

government-wide coordination, witnesses discussed their confusion

and frustration when dealing with the myriad of federal preparedness programs. The entity created to coordinate these programs,

the FBI’s National Domestic Preparedness Office (NDPO), has not

met the expectations of the response community.

During the April 6 hearing, Panel Vice-Chairman General James

Clapper, former Director of the Defense Intelligence Agency, identified five ‘‘attributes’’ that a coordinating entity must possess in

order to be effective. According to the Panel, this entity (1) must

be autonomous and independent of any agency; (2) it must have appropriate full-time professional representation from the state and

local responder community; (3) it must have full-time dedicated

staff from cabinet departments and agencies; (4) it must have genuine visibility over the commitment of money, programs and resources; and (5) it must be appropriately resourced in terms of

staff, money and facilities.

The Panel believes an autonomous coordinating entity will eliminate the current ‘‘turf battles’’ between the stakeholder agencies,

promote communication between these agencies, and serve to

streamline the preparedness effort. The Panel also indicated that

although progress has been made on the federal level, there is still

work to be done. In addition, the Panel asserts that eliminating

fragmentation within federal response teams and creating a national strategy should help to minimize the duplication of federal

efforts. Without a coordinating element to organize and prioritize

these federal programs and response teams, we will continue to encounter conflicting federal priorities and confusion among local responders.

Panel Vice Chairman Clapper submitted additional testimony to

the April 6 hearing record which indicated that the OTP, established in H.R. 4210, fulfils all of the attributes identified by the

Panel for a coordinating entity.

On May 4, 2000, the Subcommittee held a legislative hearing on

H.R. 4210. The Subcommittee received testimony from senior Administration officials from FEMA, DOD and DOJ and representatives of the NLC, IAFC and National Emergency Management AsVerDate 11-MAY-2000 00:06 Jul 15, 2000 Jkt 079006 PO 00000 Frm 00019 Fmt 6659 Sfmt 6602 E:\HR\OC\A731HR.010 pfrm06 PsN: A731HR
20

sociation (NEMA). Testimony from witnesses representing the

NLC, IAFC and NEMA identified the need for creating the OTP

and expressed support for H.R. 4210.

COMMITTEE CONSIDERATION

Testimony from Subcommittee hearings compelled the Committee to draft a bill creating the Office of Terrorism Preparedness.

Once drafted, the bill was released for public comment and was revised to reflect comments received by the Subcommittee. H.R. 4210

was introduced on April 6, 2000 by Congresswoman Tillie K.

Fowler, and Congressmen James A. Traficant, Herbert H. Bateman, Floyd Spence, Saxby Chambliss, Johnny Isakson, Bill McCollum, Christopher Shays, Lee Terry and J.C. Watts, Jr. On May 25,

2000 the Subcommittee on Oversight, Investigations, and Emergency Management favorably reported the bill with a technical

amendment to the Full Committee by unanimous voice vote, a

quorum being present.

On June 21, 2000, the Full Committee met in open session and

ordered reported H.R. 4210, as amended, unanimously by voice

vote, a quorum being present. A manager’s amendment requiring

the Director of the Office of Terrorism Preparedness to assess terrorist threats against mass transportation facilities and making

minor changes and technical corrections to the bill was passed by

voice vote.

ROLLCALL VOTES

Clause 3(b) of rule XIII requires each committee report to include

the total number of votes cast for and against on each rollcall vote

on a motion to report and on any amendment offered to the measure or matter, and the names of those members voting for and

against. There were no recorded votes taken in connection with ordering H.R. 4210 reported. A motion by Mrs. Tillie K. Fowler to

order H.R. 4210 reported to the House, with amendments, was

unanimously agreed to by voice vote, a quorum being present.

COST OF THE LEGISLATION

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison

prepared by the Director of the Congressional Budget Office under

section 402 of the Congressional Budget Act of 1974 has been timely submitted prior to the filing of the report and is included in the

report. Such a cost estimate is included in this report. The Committee notes that the CBO estimate explicitly omits significant benefits of the legislation because CBO was unable to quantify these

benefits.

COMPLIANCE WITH HOUSE RULE XIII

1. Pursuant to clause 3(c)(1) of rule XIII of the Rules of the

House of Representatives, oversight findings and recommendations

have been made by the Committee as reflected in this report.

2. With respect to the requirement of clause 3(c)(2) of rule XIII

of the Rules of the House of Representatives, and 308(a) of the

21

Congressional Budget Act of 1974, the Committee references the

report of the Congressional Budget Office (CBO) included below.

3. With respect to the requirement of clause 3(c)(4) of rule XIII

of the Rules of the House of Representatives, the Committee has

received no report of oversight findings and recommendations from

the Committee on Government Reform on the subject of H.R. 4210.

4. With respect to the requirement of clause 3(c)(3) of rule XIII

of the Rules of the House of Representatives and section 402 of the

Congressional Budget Act of 1974, the Committee has received the

following cost estimate for H.R. 4210 from the Director of the Congressional Budget Office.

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, June 28, 2000.

Hon. BUD SHUSTER,

Chairman, Committee on Transportation and Infrastructure, House

of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4210, 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.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Rachel Applebaum.

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 4210—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

Summary: H.R. 4210 would create an Office of Terrorism Preparedness within the Executive Office of the President. The new office would oversee and coordinate all federal programs which help

state and local governments prepare for a terrorist attack. The responsibilities of this office would include establishing a comprehensive strategy for assisting state and local governments, evaluating

federal programs which are designed to help state and local governments, providing grants to help state and local governments participate in federal programs, and coordinating the President’s budget request for antiterrorism.

H.R. 4210 would authorize the appropriation of $9 million in fiscal year 2001 for the Office of Terrorism Preparedness, and the bill

would authorize such as may be necessary for fiscal years 2002

through 2005. CBO estimates that implementing H.R. 4210 would

cost $47 million over the 2001–2005 period, assuming the necessary amounts are provided.

H.R. 4210 would authorize the new office to accept and spend donations which would affect both governmental receipts and direct

spending; hence, pay-as-you-go procedures would apply. CBO estiVerDate 11-MAY-2000 00:06 Jul 15, 2000 Jkt 079006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\A731HR.011 pfrm06 PsN: A731HR
22

mates that neither the receipts nor the spending would exceed

$500,000.

H.R. 4210 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA)

and could benefit state and local governments.

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 4210 is shown in the following table. The costs

of this legislation fall within budget function 450 (community and

regional development). The estimate assumes that spending would

occur at the same rates as observed for similar programs.

By fiscal year in millions of dollars—

2000 2001 2002 2003 2004 2005

Estimated authorization level ...................................................... 0 9 9 10 10 10

Estimated outlays ......................................................................... 0 4 13 10 10 10

1 By allowing the new Office of Terrorism Preparedness to accept and spend donations: the bill also would effect receipts and direct spending. CBO estimates that those changes would be negligible each year. 2 This estimate of spending for the Office of Terrorism preparedness assumes annual adjustments for anticipated inflation. CBO estimates

that spending for the office would cost about $44 million over the 2001–2005 period without such adjustments.

Pay-as-you-go considerations: The Balanced Budget and Emergency Deficit Control Act sets up pay-as-you-go procedures for legislation affecting direct spending or receipts. These procedures

would apply to H.R. 4210 because it could affect direct spending

and receipts, but CBO estimates that the annual amount of such

changes would not be significant.

Estimated impact on State, local, and tribal governments: H.R.

4210 contains no intergovernmental or private-sector mandates as

defined in UMRA and could benefit state and local antiterrorism

efforts. The bill would require the director of the new office to provide voluntary minimum standards, recommendations, assessments, and consulting services to state and local governments to

improve antiterrorism preparedness. The bill also would authorize

the director to make grants to state and local governments to offset

specific costs. Tribal governments would not be affected by the bill.

Estimate prepared by: Federal costs: Rachel Applebaum; impact

on State, local, and tribal governments: Shelly Finlayson; impact

on the private sector: Natilie Tawil.

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House

of Representatives, committee reports on a bill or joint resolution

of a public character shall include a statement citing the specific

powers granted to the Congress in the Constitution to enact the

measure. The Committee on Transportation and Infrastructure

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution.

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of federal mandates prepared by the Director of the Congressional Budget Office

pursuant to section 423 of the Unfunded Mandates Reform Act

(P.L. 104–4).

23

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the

Federal Advisory Committee Act were created by this legislation.

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the

terms and conditions of employment or access to public services or

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (P.L. 104–1).

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic,

existing law in which no change is proposed is shown in roman):

THE ROBERT T. STAFFORD DISASTER RELIEF AND

EMERGENCY ASSISTANCE ACT

* * * * * * *

TITLE I—FINDINGS, DECLARATIONS, AND DEFINITIONS

* * * * * * *

DEFINITIONS

SEC. 102. As used in this Act—

(1) * * *

ø(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, or drought), or,

regardless of cause, any fire, flood, or explosion, 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.¿

(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.

* * * * * * *

24

TITLE VI—EMERGENCY PREPAREDNESS

* * * * * * *

SEC. 602. DEFINITIONS.

(a) DEFINITIONS.—For purposes of this title only:

(1) HAZARD.—The term ‘‘hazard’’ means an emergency or disaster resulting from—

(A) a natural disaster; or

(B) an accidental or man-caused eventø.¿, including a

domestic terrorist attack involving a weapon of mass destruction or cybertechnology.

ø(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, 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.¿

(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.

(3) EMERGENCY PREPAREDNESS.—The term ‘‘emergency preparedness’’ means all those activities and measures designed

or undertaken to prepare for or minimize the effects of a hazard upon the civilian population, to deal with the immediate

emergency conditions which would be created by the hazard,

and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged

by the hazard. Such term includes the following:

(A) Measures to be undertaken in preparation for anticipated hazards (including the establishment of appropriate

organizations, operational plans, and supporting agreements, the recruitment and training of personnel, the conduct of research, the procurement and stockpiling of necessary materials and supplies, the predeployment of these

and other essential resources (including personnel), the provision of suitable warning systems, the construction or

preparation of shelters, shelter areas, and control centers,

and, when appropriate, the non-military evacuation of the

civilian population).

* * * * * * *

(4) ORGANIZATIONAL EQUIPMENT.—The term ‘‘organizational

equipment’’ means equipment determined by the øDirector¿

President to be necessary to an emergency preparedness organization, as distinguished from personal equipment, and of

such a type or nature as to require it to be financed in whole

or in part by the Federal Government. Such term does not include those items which the local community normally uses in

combating local disasters, except when required in unusual

25

quantities dictated by the requirements of the emergency preparedness plans.

* * * * * * *

ø(7) DIRECTOR.—The term ‘‘Director’’ means the Director of

the Federal Emergency Management Agency.¿

ø(8)¿ (7) NEIGHBORING COUNTRIES.—The term ‘‘neighboring

countries’’ includes Canada and Mexico.

ø(9)¿ (8) UNITED STATES AND STATES.—The terms ‘‘United

States’’ and ‘‘States’’ includes the several States, the District of

Columbia, and territories and possessions of the United States.

ø(10)¿ (9) STATE.—The term ‘‘State’’ includes interstate

emergency preparedness authorities established under section

611(h).

(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. 603. ADMINISTRATION OF TITLE.

This title shall be carried out by the øDirector of the Federal

Emergency Management Agency¿ President.

Subtitle A—Powers and Duties

SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.

(a) IN GENERAL.—In order to carry out the policy described in

section 601, the øDirector¿ President shall have the authorities

provided in this section.

(b) FEDERAL EMERGENCY RESPONSE PLANS AND PROGRAMS.—The

øDirector may¿ President shall prepare Federal response plans and

programs for the emergency preparedness of the United States and

sponsor and direct such plans and programs. To prepare such plans

and programs and coordinate such plans and programs with State

efforts, the øDirector¿ President may request such reports on State

plans and operations for emergency preparedness as may be necessary to keep the President, Congress, and the States advised of

the status of emergency preparedness in the United States. 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

and terrorism involving cybertechnology.

(c) DELEGATION OF EMERGENCY PREPAREDNESS RESPONSIBILITIES.—øWith the approval of the President, the¿ The øDirector¿

President may delegate to other departments and agencies of the

Federal Government appropriate emergency preparedness øresponsibilities and review¿ responsibilities. The President shall review

and coordinate the emergency preparedness activities of the departVerDate 11-MAY-2000 00:06 Jul 15, 2000 Jkt 079006 PO 00000 Frm 00025 Fmt 6659 Sfmt 6601 E:\HR\OC\A731HR.013 pfrm06 PsN: A731HR
26

ments and agencies with each other and with the activities of the

States and neighboring countries.

* * * * * * *

(e) EMERGENCY PREPAREDNESS MEASURES.—The øDirector¿

President may study and develop emergency preparedness measures designed to afford adequate protection of life and property,

including—

(1) research and studies as to the best methods of preventing

and treating the effects of hazards;

(2) ødeveloping shelter designs¿ development of shelter designs, equipment, clothing, and materials for protective covering or construction; and

(3) ødeveloping equipment or facilities and effecting the

standardization thereof¿ development and standardization of

equipment and facilities to meet emergency preparedness requirements.

(f) TRAINING AND EXERCISE PROGRAMS.—(1) The øDirector¿ President may—

(A) conduct or arrange, by contract or otherwise, for training

and exercise programs for the instruction of emergency preparedness officials and other persons in the organization, operation, and techniques of emergency preparedness;

* * * * * * *

(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.

ø(2)¿ (3) The terms prescribed by the øDirector¿ President for the

payment of travel expenses and per diem allowances authorized by

this subsection shall include a provision that such payment shall

not exceed one-half of the total cost of such expenses.

ø(3)¿ (4) The øDirector¿ President may lease real property required for the purpose of carrying out this subsection, but may not

acquire fee title to property unless specifically authorized by law.

* * * * * * *

øSEC. 615. USE OF FUNDS TO PREPARE FOR AND RESPOND TO HAZARDS.

øFunds made available to the States under this title may be used

by the States for the purposes of preparing for hazards and providing emergency assistance in response to hazards. Regulations

prescribed to carry out this section shall authorize the use of emergency preparedness personnel, materials, and facilities supported

in whole or in part through contributions under this title for emergency preparedness activities and measures related to hazards.¿

* * * * * * *

Subtitle B—General Provisions

* * * * * * *

SEC. 621. ADMINISTRATIVE AUTHORITY.

(a) * * *

* * * * * * *

27

(g) RULES AND REGULATIONS.—The øDirector¿ President may

prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this title and perform any

of the powers and duties provided by this title. øThe Director may

perform any of the powers and duties provided by this title through

or with the aid of such officials of the Federal Emergency Management Agency as the Director may designate.¿

* * * * * * *

øSEC. 622. SECURITY REGULATIONS.

ø(a) ESTABLISHMENT.—The Director shall establish such security

requirements and safeguards, including restrictions with respect to

access to information and property as the Director considers necessary.

ø(b) LIMITATIONS ON EMPLOYEE ACCESS TO INFORMATION.—No

employee of the Federal Emergency Management Agency shall be

permitted to have access to information or property with respect to

which access restrictions have been established under this section,

until it shall have been determined that no information is contained in the files of the Federal Bureau of Investigation or any

other investigative agency of the Government indicating that such

employee is of questionable loyalty or reliability for security purposes, or if any such information is so disclosed, until the Federal

Bureau of Investigation shall have conducted a full field investigation concerning such person and a report thereon shall have been

evaluated in writing by the Director.

ø(c) NATIONAL SECURITY POSITIONS.—No employee of the Federal

Emergency Management Agency shall occupy any position determined by the Director to be of critical importance from the standpoint of national security until a full field investigation concerning

such employee shall have been conducted by the Director of the Office of Personnel Management and a report thereon shall have been

evaluated in writing by the Director of the Federal Emergency

Management Agency. In the event such full field investigation by

the Director of the Office of Personnel Management develops any

data reflecting that such applicant for a position of critical importance is of questionable loyalty or reliability for security purposes,

or if the Director of the Federal Emergency Management Agency

for any other reason considers it to be advisable, such investigation

shall be discontinued and a report thereon shall be referred to the

Director of the Federal Emergency Management Agency for evaluation in writing. Thereafter, the Director of the Federal Emergency

Management Agency may refer the matter to the Federal Bureau

of Investigation for the conduct of a full field investigation by such

Bureau. The result of such latter investigation by such Bureau

shall be furnished to the Director of the Federal Emergency Management Agency for action.

ø(d) EMPLOYEE OATHS.—Each Federal employee of the Federal

Emergency Management Agency acting under the authority of this

title, except the subjects of the United Kingdom and citizens of

Canada specified in section 621(b), shall execute the loyalty oath or

appointment affidavits prescribed by the Director of the Office of

Personnel Management. Each person other than a Federal employee who is appointed to serve in a State or local organization for

emergency preparedness shall before entering upon duties, take an

28

oath in writing before a person authorized to administer oaths,

which oath shall be substantially as follows:

ø ‘‘I, lllll, do solemnly swear (or affirm) that I will

support and defend the Constitution of the United States

against all enemies, foreign and domestic; that I will bear true

faith and allegiance to the same; that I take this obligation

freely, without any mental reservation or purpose of evasion;

and that I will well and faithfully discharge the duties upon

which I am about to enter.

ø ‘‘And I do further swear (or affirm) that I do not advocate,

nor am I a member or an affiliate of any organization, group,

or combination of persons that advocates the overthrow of the

Government of the United States by force or violence; and that

during such time as I am a member of lllll (name of

emergency preparedness organization), I will not advocate nor

become a member or an affiliate of any organization, group, or

combination of persons that advocates the overthrow of the

Government of the United States by force or violence.’’

øAfter appointment and qualification for office, the director of

emergency preparedness of any State, and any subordinate emergency preparedness officer within such State designated by the director in writing, shall be qualified to administer any such oath

within such State under such regulations as the director shall prescribe. Any person who shall be found guilty of having falsely taken

such oath shall be punished as provided in section 1621 of title 18,

United States Code.¿

SEC. 623. USE OF EXISTING FACILITIES.

In performing duties under this title, the øDirector¿ President— ø(1) shall cooperate with the various departments and agencies of the Federal Government;¿

ø(2)¿ (1) shall use, to the maximum extent, the existing facilities and resources of the Federal Government and, with

their consent, the facilities and resources of the States and political subdivisions thereof, and of other organizations and

agencies; and

ø(3)¿ (2) shall refrain from engaging in any form of activity

which would duplicate or parallel activity of any other Federal

department or agency øunless the Director, with the written

approval of the President,¿ unless the President shall determine that such duplication is necessary to accomplish the purposes of this title.

SEC. 624. ANNUAL REPORT TO CONGRESS.

The øDirector¿ President shall annually submit a written report

øto the President and Congress¿ to Congress covering expenditures,

contributions, work, and accomplishments of the Federal Emergency Management Agency pursuant to this title, accompanied by

such recommendations as the øDirector¿ President considers appropriate.

* * * * * * *

SEC. 626. AUTHORIZATION OF APPROPRIATIONS AND TRANSFERS OF

FUNDS.

(a) * * *

(b) PRIORITIES.—Amounts appropriated pursuant to this section

for training and exercise programs for preparedness against terVerDate 11-MAY-2000 00:06 Jul 15, 2000 Jkt 079006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6603 E:\HR\OC\A731HR.015 pfrm06 PsN: A731HR
29

rorist attacks shall be used in a manner consistent with the priorities established under section 611(f)(2).

ø(b)¿ (c) TRANSFER AUTHORITY.—Funds made available for the

purposes of this title may be allocated or transferred for any of the

purposes of this title, with the approval of the øDirector¿ President

of the Office of Management and Budget, to any agency or government corporation designated to assist in carrying out this title.

Each such allocation or transfer shall be reported in full detail to

the Congress within 30 days after such allocation or transfer.

* * * * * * *

Subtitle C—Office of Terrorism

Preparedness

SEC. 651. ESTABLISHMENT OF OFFICE.

(a) IN GENERAL.—There is established in the Executive Office of

the President an Office of Terrorism Preparedness (in this subtitle

referred to as the ‘‘Office’’).

(b) APPOINTMENT OF DIRECTOR.—The head of the Office shall be

the Director of the Office of Terrorism Preparedness (in this subtitle

referred to as the ‘‘Director’’), who shall be appointed by the President, by and with the advice and consent of the Senate. In making

the appointment, the President should consult with the Director of

the Federal Emergency Management Agency, the Attorney General

of the United States, and the Secretary of Defense.

SEC. 652. DUTIES OF DIRECTOR.

The Director shall—

(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 or cybertechnology;

(2) publish a Domestic Terrorism Preparedness Plan and an

annual strategy for carrying out the plan in accordance with

section 653;

(3) biennially review the terrorist attack preparedness programs of State and local governmental entities and provide recommendations to such entities based on such reviews;

(4) establish voluntary guidelines for the terrorist attack preparedness programs of State and local governmental entities in

accordance with section 656;

(5) consult with, and serve as a contact for, State and local

governmental entities implementing terrorist attack preparedness programs;

(6) 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;

(7) make recommendations to the President and to the National Security Council regarding—

30

(A) changes in the organization, management, and budgets of Federal departments and agencies; and

(B) the allocation of personnel to and within such departments and agencies;

to implement the policies, priorities, and objectives established

under paragraph (1) and the Domestic Terrorism Preparedness

Plan; and

(8) notify a Federal department or agency in writing if the Director finds that its policies are not in compliance with its responsibilities under the Domestic Terrorism Preparedness Plan

and transmit a copy of such notification to the President.

SEC. 653. DOMESTIC TERRORISM PREPAREDNESS PLAN AND ANNUAL

STRATEGY

(a) DEVELOPMENT OF PLAN.—Not later than 180 days after the

date of appointment of the Director, the Director shall develop a Domestic Terrorism Preparedness Plan and transmit a copy of the

plan to the President and Congress. The Director, as necessary, may

extend the deadline established by this subsection, except that any

such extension may not exceed 90 days.

(b) CONTENTS.—The Domestic Terrorism Preparedness Plan shall

include—

(1) a statement of the policies, objectives, and priorities established by the Director under section 652(1);

(2) a plan for implementing such policies, objectives, and priorities, which is based on a threat and risk assessment and includes measurable objectives to be achieved in each of the following 5 years for enhancing domestic preparedness against a

terrorist attack; and

(3) 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 paragraph (2).

(c) ANNUAL STRATEGY.—

(1) IN GENERAL.—The Director shall develop and transmit to

the President and 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—

(A) a description of Federal training and exercise programs, grant programs, and other activities conducted in

the fiscal year preceding the fiscal year for which the strategy has been developed related to domestic preparedness

against a terrorist attack and recommendations concerning

whether any of such programs may be duplicative;

(B) a description of Federal training and exercise programs, grant programs, and other activities to be conducted

in the fiscal year for which the strategy has been developed

under the Domestic Terrorism Preparedness Plan and

measurable objectives to be achieved in such fiscal year for

31

enhancing domestic preparedness against a terrorist attack;

and

(C) a complete assessment of how the budget proposal

transmitted for the fiscal year under section 654(a) is intended to implement the strategy and whether the funding

levels contained in such proposal are sufficient to implement such strategy.

(d) CONSULTATION.— (1) IN GENERAL.—In developing the Domestic Terrorism Preparedness Plan and each annual strategy for carrying out the

plan, the Director 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.—At the time the Director submits the Domestic

Terrorism Preparedness Plan or an annual strategy to the

President and Congress, the Director shall transmit a report to

the President and Congress indicating the persons consulted

under this subsection.

(e) TRANSMISSION OF CLASSIFIED INFORMATION.—Any part of the

Domestic Terrorism Preparedness Plan under subsection (a) or an

annual strategy under subsection (c) 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 FA- CILITIES.—

(1) IN GENERAL.—In developing the plan and risk assessment

under subsection (b), the Director 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 Director shall ensure that the following 3 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 and State laws that can be

used to combat terrorist attacks against transportation facilities, personnel, and passengers, and the extent to which

such laws are enforced.

(C) An evaluation of available technologies and practices

to determine the best means of protecting mass transportation facilities, personnel, and passengers against terrorist

attacks.

(3) CONSULTATION.—In developing the plan and risk assessment under subsection (b), the Director shall consult with the

Secretary of Transportation, representatives of persons providing transportation, and representatives of employees of such

persons.

32

SEC. 654. NATIONAL DOMESTIC PREPAREDNESS BUDGET.

(a) DEVELOPMENT AND TRANSMISSION OF BUDGET.—The Director

shall develop for each fiscal year, with the advice of the program

managers of departments and agencies with responsibilities under

the Domestic Terrorism Preparedness Plan and appropriate State

and local governmental entities, a consolidated budget proposal to

implement the Domestic Terrorism Preparedness Plan, and shall

transmit a copy of the budget proposal to the President and Congress.

(b) BUDGET SUBMISSIONS BY DEPARTMENTS AND AGENCIES.—

Each Federal Government program manager, agency head, and department head with responsibilities under the Domestic Terrorism

Preparedness Plan shall transmit the budget request of the program, agency, or department relating to such responsibilities to the

Director at the same time as such request is submitted to their superiors (and before submission to the Office of Management and

Budget) in the preparation of the budget of the President submitted

to Congress under section 1105(a) of title 31, United States Code.

(c) REVIEW OF BUDGET SUBMISSIONS.—The Director shall—

(1) review each budget request transmitted to the Director

under subsection (b);

(2) certify in writing as to the adequacy of such request to implement the objectives of the Domestic Terrorism Preparedness

Plan for the fiscal year for which the request is submitted; and

(3) notify the program manager, agency head, or department

head, as applicable, regarding the Director’s certification under

paragraph (2).

(d) REPROGRAMMING AND TRANSFER REQUESTS.—

(1) IN GENERAL.—No Federal department or agency shall submit to Congress a reprogramming or transfer request that is included in the consolidated budget proposal developed under

subsection (a) unless such request has been approved by the Director.

(2) APPEALS.—The Secretary of a department or the head of

an agency may appeal to the President any disapproval by the

Director of a reprogramming or transfer request.

(3) QUARTERLY REPORTS.—The Director shall report to Congress on a quarterly basis regarding the need for any reprogramming or transfer of appropriated funds for activities

under the Domestic Terrorism Preparedness Plan.

(e) RECORDS.—The Director shall maintain records regarding certifications under subsection (c)(2).

(f) NOTICE TO OMB OF INADEQUATE REQUESTS.—If the Director

determines under subsection (c)(2) that a budget request is not adequate to implement the objectives of the Domestic Terrorism Preparedness Plan for the fiscal year for which the request is submitted, the Director shall transmit a written statement of such determination to the Director of the Office of Management and Budget.

(g) TIMELY DEVELOPMENT AND SUBMISSION OF BUDGET REQUESTS.—The head of each Federal department and agency with responsibilities under the Domestic Terrorism Preparedness Plan

shall ensure timely development and transmittal of budget requests

pursuant to subsection (b) in such format as may be designated by

33

the Director with the concurrence of the Director of the Office of

Management and Budget.

(h) FAILURE OF DIRECTOR TO MAKE TIMELY DETERMINATIONS.—

With respect to the first fiscal year for which budget requests are

submitted under subsection (b), if the Director does not make a

timely determination with respect to the adequacy of such a request,

the program or activity for which the request is being made shall

be eligible for funding at the same level as the program or activity

received funding in the preceding fiscal year.

SEC. 655. CERTIFICATION OF FEDERAL TRAINING AND EXERCISE PROGRAMS.

(a) CERTIFICATION OF PROGRAMS.—Not later than 270 days after

the date of appointment of the Director, the Director shall conduct

a review of each training and exercise program being conducted by

a Federal department or agency to enhance the capabilities of State

and local emergency preparedness and response personnel with respect to terrorist attacks. Upon completing the review, the Director

shall either certify or deny certification for the program based on

criteria to be developed by the Director. The Director, as necessary,

may extend the deadline established by this subsection with respect

to a training or exercise program, except that any such extension

may not exceed 180 days.

(b) RECERTIFICATION OF PROGRAMS.—A training or exercise program that is certified by the Director under subsection (a) shall be

reviewed by the Director on or before June 15th of the third fiscal

year beginning after the date of certification and on or before June

15th of every third fiscal year thereafter. Upon completing each review, the Director shall either recertify or deny recertification for the

program based on criteria to be developed by the Director.

(c) EFFECT OF DENIALS.—The Director may not certify a budget

request transmitted for a fiscal year under section 654 with respect

to any training or exercise program for which the Director has denied certification or recertification for a period including such fiscal

year under this section.

(d) DEVELOPMENT OF CERTIFICATION CRITERIA.—In developing

criteria for certifications and recertifications under this section, the

Director shall seek to eliminate duplicative Federal programs and

to further Federal efforts toward implementation of the policies, objectives, and priorities of the Domestic Terrorism Preparedness

Plan.

(e) ESTABLISHMENT OF NEW PROGRAMS AND OFFICES.—Before a

Federal department or agency may establish a new program or office to enhance the capabilities of State and local emergency preparedness and response personnel with respect to terrorist attacks,

the head of the department or agency shall consult with the Director

to determine whether the new program or office is consistent with

the Domestic Terrorism Preparedness Plan.

SEC. 656. VOLUNTARY GUIDELINES FOR STATE AND LOCAL PROGRAMS.

The Director shall establish 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.

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SEC. 657. GRANTS TO STATE AND LOCAL ENTITIES.

The Director may make grants to a State or local governmental

entity to offset the costs of participation by the entity in any training

or exercise program that has been certified by the Director under

section 655.

SEC. 658. POWERS OF DIRECTOR.

In carrying out this subtitle, the Director may—

(1) select, appoint, employ, and fix compensation of such officers and employees as may be necessary to carry out the functions of the Office under this subtitle;

(2) 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;

(3) use for administrative purposes, on a reimbursable basis,

the available services, equipment, personnel, and facilities of

Federal, State, and local agencies;

(4) 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;

(5) accept and use donations of property from Federal, State,

and local government agencies;

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

(7) monitor the implementation of the Domestic Terrorism

Preparedness Plan, including—

(A) conducting program and performance audits and

evaluations; and

(B) requesting assistance from the Inspector General of

the relevant agency in such audits and evaluations.

SEC. 659. ROLE OF DIRECTOR IN NATIONAL SECURITY COUNCIL EFFORTS.

The Director may, in the Director’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.

SEC. 660. 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 Director and,

subject to laws governing disclosure of information, provide such assistance, information, and advice as the Director may request.

(b) CERTIFICATION OF POLICY CHANGES BY DIRECTOR.—

(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 Director in writing regarding any proposed

change in policies relating to the activities of such department

or agency under the Domestic Terrorism Preparedness Plan

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prior to implementation of such change. The Director 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 Director as soon as

practicable. The Director 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.

(c) GENERAL SERVICES ADMINISTRATION.—The Administrator of

General Services shall provide to the Director on a reimbursable

basis such administrative support services as the Director may request.

SEC. 661. 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.

SECTION 5315 OF TITLE 5, UNITED STATES CODE

§ 5313. Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as

adjusted by section 5318 of this title:

Deputy Secretary of Defense.

* * * * * * *

Director, Office of Terrorism Preparedness.

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