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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3274 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 3274

To enhance homeland security by encouraging the development of regional 
 coordination plans for emergency and disaster preparedness, response, 
                             and recovery.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2003

   Mr. Kingston (for himself, Mr. Spratt, Mr. Lewis of Kentucky, Mr. 
Houghton, Mr. Wicker, Mr. Norwood, Mr. Rogers of Alabama, Mr. Mica, Ms. 
 Norton, Mr. Boucher, Mr. Wilson of South Carolina, Mr. Burns, and Mr. 
    Ross) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committees on Energy and Commerce, and the Judiciary, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
To enhance homeland security by encouraging the development of regional 
 coordination plans for emergency and disaster preparedness, response, 
                             and recovery.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regional Comprehensive Emergency 
Preparedness, Response, and Coordination Act of 2003''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Responders to the terrorist attacks at the World Trade 
        Center, the Pentagon, and the tragedy in Pennsylvania on 
        September 11, 2001, from numerous jurisdictions assisted the 
        fire and rescue, law enforcement, and health workers 
        responsible for responding within their jurisdictions.
            (2) Even in the largest municipalities, first responders 
        need the support of officials and personnel from their own and 
        neighboring jurisdictions, as well as support from numerous 
        regional, State, Federal, and private sector entities.
            (3) The sheer number of agencies taking part in any 
        emergency response demands coordination, mutual support, and 
        effective communication. Regional planning and coordination of 
        response efforts are essential to ensure threat-based, multi-
        jurisdictional, and interoperable assessments and plans.
            (4) There does not exist a consistent national standard for 
        allocation of homeland security grant money. Threat based 
        vulnerability assessments and plans will provide a consistent 
        national standard based on need.
            (5) Regional councils of governments, regional planning 
        commissions, regional planning organizations, and development 
        districts have the accountability and experience necessary to 
        develop and coordinate comprehensive regional plans that 
        encompass the needs of the Federal, State, and local 
        governments, the private sector, and all other parties with a 
        stake in providing for the security of their communities. 
        Regional councils of government can ensure the development of a 
        coordinated emergency recovery plan involving Federal, State, 
        and local governments and the private sector.
            (6) Coordinated, area-wide training, equipment acquisition, 
        and recovery planning is essential for effective regional 
        preparedness and mitigation.
    (b) Purpose.--The purpose of this Act is to encourage and 
facilitate the development and implementation of regional emergency and 
disaster preparedness, response, and recovery coordination plans among 
Federal, State, and local governments and the private sector within the 
region and to facilitate preparedness and mitigation efforts.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Region.--The term ``region'' means a designated 
        multijurisdictional planning area or a sub-State district with 
        boundaries established by interstate compact, State law, or 
        through mutual agreement of local governments.
            (2) Regional council.--The term ``regional council'' means 
        a multipurpose association of local governments in a planning 
        region, including councils of governments, regional planning 
        commissions, regional planning organizations, and area 
        development districts.
            (3) Local government.--The term ``local government'' means 
        any county, city, town, or other municipality within the United 
        States.
            (4) State.--The term ``State'' means any of the 50 States, 
        the District of Columbia, or any territory of the United 
        States.
            (5) Stakeholder.--The term ``stakeholder'' means 
        representatives of Federal, State, local, private, and 
        nonprofit entities, including--
                    (A) the Secretary of Homeland Security;
                    (B) State and local elected officials;
                    (C) representatives of Federal, State, and local 
                emergency management agencies;
                    (D) local fire and rescue personnel;
                    (E) Federal, State, and local law enforcement 
                personnel;
                    (F) public and private health professionals, 
                including representatives of the Centers for Disease 
                Control and Prevention and the National Institutes of 
                Health;
                    (G) public and private school representatives;
                    (H) college and university representatives;
                    (I) representatives of the business community;
                    (J) port and airport officials;
                    (K) utilities officials;
                    (L) representatives of State departments of 
                transportation;
                    (M) representatives of local chapters of the 
                American Red Cross;
                    (N) representatives of volunteer organizations 
                concerned with emergency response or disaster recovery; 
                and
                    (O) representatives of other entities identified by 
                the stakeholders.
            (6) Regional plan.--The term ``regional plan'' means a 
        regional emergency and disaster preparedness, response, and 
        recovery coordination plan developed under this Act.

SEC. 4. DEVELOPMENT OF REGIONAL PLANS.

    (a) Coordination of Development.--
            (1) In general.--Each regional council shall convene all 
        local governments and Federal, State, and private sector 
        stakeholders within its region to coordinate the development of 
        a regional plan in accordance with this section.
            (2) States without regional councils.--In States that do 
        not have regional councils, the Governor should work with local 
        officials to organize a regional approach involving local 
        elected officials and establish a homeland defense regional 
        planning advisory committee that consists of stakeholders, 
        including representatives of Federal, State, local, private, 
        and nonprofit entities, as defined in section 3.
            (3) States with areas not covered by a regional council.--
        In States with areas that are not covered by a regional 
        council, the Governor may assign such areas to a regional 
        council.
    (b) Elements of the Regional Plan.--Each regional plan shall 
include, at a minimum, the following:
            (1) Disaster assessment.--An assessment of natural 
        disasters, human-induced disasters, and potential terrorist 
        activities or targets that could disrupt essential services or 
        mobility, adversely affect public health or safety, or 
        adversely affect infrastructure within the region.
            (2) Response equipment and personnel assessment.--An 
        assessment of available equipment and personnel to respond to a 
        disaster.
            (3) Equipment needs assessment.--An assessment of equipment 
        needs based on disaster potential, both natural and manmade.
            (4) Communications system.--A plan for the development of a 
        regional communication system among stakeholders.
            (5) Secure information repository.--A plan for the 
        development of a secure information repository that includes 
        information needed to coordinate stakeholder responsibilities 
        within the region.
            (6) Emergency coordination information.--Information on the 
        following:
                    (A) Response resources.--
                            (i) Locations, contacts, capabilities, and 
                        capacities of emergency medical facilities.
                            (ii) Locations, contacts, and equipment 
                        listings for fire, police, and emergency 
                        medical technician services.
                            (iii) Locations of, and 24-hour contacts 
                        for, appropriate medical facilities and 
                        personnel and other potential first responders.
                            (iv) Locations and contacts for area 
                        stakeholders involved in the operation and 
                        maintenance of essential services within the 
                        region.
                            (v) Locations and contacts for area key 
                        military personnel and facilities.
                            (vi) Locations and contacts for other 
                        response resources as identified by regional 
                        stakeholders.
                    (B) Support facilities.--
                            (i) Locations, capabilities, and capacities 
                        of existing shelters.
                            (ii) Locations of, and available facilities 
                        at, schools, colleges, universities, churches, 
                        and other public buildings.
                            (iii) Locations of major water and food 
                        supplies.
                            (iv) Other support facilities as identified 
                        by regional stakeholders.
                    (C) Infrastructure.--
                            (i) Locations of water treatment and 
                        storage facilities and distribution mains.
                            (ii) Locations of utilities lines, 
                        pipelines, and generating facilities.
                            (iii) Locations of sewer mains and 
                        treatment plants.
                            (iv) Locations of voice, data, video, 
                        microwave, and satellite uplink communication 
                        facilities.
                            (v) Locations of radio and television 
                        studios and transmission sites.
                            (vi) Locations and capacities of shortwave 
                        radio facilities and volunteers.
                            (vii) Locations of major bridges and dams.
                            (viii) Locations of major educational 
                        facilities.
                            (ix) Other infrastructure facilities as 
                        identified by regional stakeholders.
                    (D) Transportation facilities.--
                            (i) Locations and capacities of major 
                        transportation facilities, lines, and 
                        terminals, including ports and airports.
                            (ii) Locations and capacities of local and 
                        regional transportation routes.
                            (iii) Other transportation facilities as 
                        identified by regional stakeholders.
                    (E) At-risk populations.--
                            (i) Locations of large population 
                        concentrations and the times of those 
                        concentrations.
                            (ii) Schedules of major public events and 
                        capacities of venues.
                            (iii) Population statistics, including 
                        block level population data.
                            (iv) School enrollment numbers.
                            (v) Locations of elderly, infirm, and 
                        disabled persons who need special assistance.
                            (vi) Other at-risk populations as 
                        identified by regional stakeholders.
                    (F) Potential targets.--
                            (i) Locations of major concentrations of 
                        hazardous and biohazard chemicals.
                            (ii) Locations of fuel depots and 
                        dispensing facilities that meet certain 
                        Environmental Protection Agency thresholds.
                            (iii) Locations of major concentrations of 
                        munitions and explosives.
                            (iv) Locations of other potential targets, 
                        such as nuclear power plants, in the region.
                            (v) Other potential targets as identified 
                        by regional stakeholders.
                    (G) Debris disposal.--
                            (i) Identification of locations for debris 
                        disposal.
                            (ii) Identification of potential health 
                        hazards to personnel involved in debris 
                        disposal.
                            (iii) Other debris disposal as identified 
                        by regional stakeholders.
    (c) Planning Activities.--Planning activities pursuant to this 
section shall include--
            (1) analyzing and documenting the possibility of a disaster 
        and the potential consequences or impacts of a disaster upon 
        life, property, and the environment; and
            (2) planning for utilization of geographic information 
        systems to assess hazards and evaluate the consequences of 
        potential emergencies or disasters.
    (d) Approval of Regional Plan.--The initial phase of a regional 
plan, including planning components and an assessment of potential 
hazards and equipment needs, shall be approved by the region council's 
governing body, and the appropriate Governor or Governors, not later 
than the date that is 18 months after the regional council has received 
an initial apportionment under this Act.
    (e) Update of Regional Plan.--A regional council shall review and 
update its regional plan at least annually based on revised threat 
assessments, trainings, and drills.
    (f) Security of Mapping and Infrastructure Information Contained 
Within Regional Plan.--
            (1) In general.--For security purposes, the information 
        contained in the regional plan required under subsection (b)(5) 
        shall be available only to those public and private officials 
        and agencies that have responsibility under the plan.
            (2) Security technology.--A regional council shall utilize 
        appropriate computer and software technology for securing the 
        key resources and critical infrastructure that may be outlined 
        within the regional plan.
            (3) Protection of key resources and critical 
        infrastructure.--A regional plan shall outline the appropriate 
        measures to protect the key resources and critical 
        infrastructure within its region in coordination with other 
        agencies and representatives from within the region, including 
        Federal, State, and local government personnel, agencies, 
        authorities, and the private sector.
            (4) Continued review and analysis.--A regional council 
        shall continue to review and analyze and make recommendations 
        for improvements in the policies and procedures governing the 
        security of information contained in its regional plan and 
        sharing the information with law enforcement, intelligence, 
        emergency management, and other entities related to homeland 
        security within the Federal Government and between such 
        representatives within the region, including Federal, State, 
        and local government personnel agencies, authorities, and the 
        private sector.

SEC. 5. FUNDING.

    (a) Apportionments to States.--
            (1) In general.--To assist States in overseeing and 
        coordinating the development of regional plans under this Act, 
        the Secretary of Homeland Security shall apportion to each 
        State for each of fiscal years 2005, 2006, and 2007 $0.05 for 
        each person residing in the State and shall apportion to each 
        State for each of fiscal years 2008 and 2009 such sums as may 
        be necessary.
            (2) Maximum and minimum amount.--Notwithstanding paragraph 
        (1), a State shall not receive more than $1,000,000 nor less 
        than $50,000 of the amounts apportioned under this subsection 
        in a fiscal year.
    (b) Apportionments to Regional Councils.--
            (1) In general.--To assist regional councils in meeting the 
        requirements of this Act, the Secretary shall apportion to each 
        regional council identified by the Secretary for each of fiscal 
        years 2005, 2006, and 2007 $1.00 for each person residing in 
        the area represented by the regional council and shall 
        apportion to each regional council for each of fiscal years 
        2008 and 2009 such sums as may be necessary to update regional 
        plans and maintain and update necessary data.
            (2) Enhanced funding.--The Secretary may provide an 
        additional apportionment to a regional council of not more than 
        $0.25 for each person residing in the area represented by the 
        regional council based on critical infrastructure and 
        facilities located in that area, including nuclear power 
        plants, military and other large Federal installations, dams, 
        ports, and areas prone to natural disasters (including coastal 
        areas).
            (3) Maximum and minimum amount.--Notwithstanding paragraphs 
        (1) and (2), a regional council shall not receive more than 
        $1,000,000 nor less than $50,000 of the amounts apportioned 
        under this subsection in a fiscal year.
            (4) States without regional councils.--Before apportioning 
        amounts under this section for a fiscal year, the Secretary may 
        set aside a portion of the amounts for providing assistance to 
        States described in section 4(a)(2).
    (c) Noncompliance.--
            (1) Effect on funding.--The Secretary may withhold, reduce, 
        or deny an apportionment under this section to a State or 
        region council if the Secretary determines, in writing, that 
        the State or regional council has not complied, or provided 
        adequate assurances that it will comply, with the requirements 
        of this Act.
            (2) Noncompliance by regional councils.--In the case of 
        noncompliance by a regional council in a State, the Governor of 
        the State, after providing the regional council with an 
        opportunity to take necessary actions to comply with the 
        requirements of this Act and determining, in writing, that the 
        regional council has not taken such actions, may assume the 
        responsibility for organizing a regional approach for the area 
        represented by the regional council in accordance with section 
        4(a)(2).
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        for fiscal years 2005 through 2009 such sums as may be 
        necessary to carry out this section.
            (2) Limitation.--Apportionments required by this section 
        shall be subject to the availability of appropriations. If 
        amounts appropriated to carry out this section in a fiscal year 
        are insufficient to make the apportionments required by this 
        section, the Secretary shall proportionally reduce the amounts 
        to be so apportioned.
                                 <all>
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