II

107TH CONGRESS

1ST SESSION S. 1453

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance

Act to provide for improved Federal efforts to prepare for, and respond

to, terrorist attacks, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 21, 2001

Mr. SMITH of New Hampshire introduced the following bill; which was read

twice and referred to the Committee on Environment and Public Works

A BILL

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for improved Federal

efforts to prepare for, and respond to, terrorist attacks,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Preparedness Against

5 Terrorism Act of 2001’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—
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1 (1) the President should strengthen Federal

2 interagency emergency planning by the Federal

3 Emergency Management Agency and other appro4 priate Federal, State, and local government agencies

5 for development of a capability for early detection

6 and warning of, and response to, potential domestic

7 terrorist attacks involving a weapon of mass destruc8 tion or cybertechnology; and

9 (2) Federal efforts to assist State and local

10 emergency preparedness and response personnel in

11 preparation for domestic terrorist attacks should be

12 coordinated so as to eliminate duplicative Federal

13 programs.

14 (b) PURPOSES.—The purposes of this Act are—

15 (1) to coordinate and make more effective Fed16 eral efforts to assist State and local emergency pre17 paredness and response personnel in preparation for

18 domestic terrorist attacks;

19 (2) to designate a lead entity to coordinate

20 those Federal efforts; and

21 (3) to update Federal authorities to reflect the

22 increased risk of terrorist attacks.

23 SEC. 3. DEFINITION OF MAJOR DISASTER.

24 Section 102(2) of the Robert T. Stafford Disaster

25 Relief and Emergency Assistance Act (42 U.S.C. 5122(2))
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1 is amended by striking ‘‘or explosion’’ and inserting ‘‘ex2 plosion, act of terrorism, or other catastrophic event’’.

3 SEC. 4. ADMINISTRATION OF EMERGENCY PREPAREDNESS

4 PROGRAMS BY THE PRESIDENT.

5 (a) IN GENERAL.—Title VI of the Robert T. Stafford

6 Disaster Relief and Emergency Assistance Act (42 U.S.C.

7 5195 et seq.) is amended—

8 (1) by striking ‘‘Director’’ each place it appears

9 (other than in sections 602(a)(7), 603, and 626(b))

10 and inserting ‘‘President’’; and

11 (2) in section 603, by striking ‘‘Director of the

12 Federal Emergency Management Agency’’ and in13 serting ‘‘President’’.

14 (b) DELEGATION OF EMERGENCY PREPAREDNESS

15 RESPONSIBILITIES.—Section 611(c) of the Robert T.

16 Stafford Disaster Relief and Emergency Assistance Act

17 (42 U.S.C. 5196(c)) is amended—

18 (1) by striking ‘‘With the approval of the Presi19 dent, the’’ and inserting ‘‘The’’;

20 (2) by striking ‘‘other departments’’ and insert21 ing ‘‘departments’’; and

22 (3) by striking ‘‘responsibilities and review’’

23 and inserting ‘‘responsibilities. The President shall

24 review’’.
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1 (c) RULES AND REGULATIONS.—Section 621(g) of

2 the Robert T. Stafford Disaster Relief and Emergency As3 sistance Act (42 U.S.C. 5197(g)) is amended by striking

4 the second sentence.

5 (d) USE OF EXISTING FACILITIES.—Section 623 of

6 the Robert T. Stafford Disaster Relief and Emergency As7 sistance Act (42 U.S.C. 5197b) is amended—

8 (1) by striking paragraph (1);

9 (2) by redesignating paragraphs (2) and (3) as

10 paragraphs (1) and (2), respectively; and

11 (3) in paragraph (2) (as redesignated by para12 graph (2))—

13 (A) by striking ‘‘other’’; and

14 (B) by striking ‘‘unless’’ and all that fol15 lows through ‘‘shall determine’’ and inserting

16 ‘‘unless the President determines’’.

17 (e) ANNUAL REPORT TO CONGRESS.—Section 624 of

18 the Robert T. Stafford Disaster Relief and Emergency As19 sistance Act (42 U.S.C. 5197c) is amended by striking ‘‘to

20 the President and Congress’’ and inserting ‘‘to Congress’’.

21 SEC. 5. DEFINITIONS.

22 (a) HAZARD.—Section 602(a)(1)(B) of the Robert T.

23 Stafford Disaster Relief and Emergency Assistance Act

24 (42 U.S.C. 5195a(a)(1)(B)) is amended by inserting be25 fore the period at the end the following: ‘‘, including a
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1 domestic terrorist attack involving a weapon of mass de2 struction or cybertechnology’’.

3 (b) EMERGENCY PREPAREDNESS.—Section

4 602(a)(3)(A) of the Robert T. Stafford Disaster Relief

5 and Emergency Assistance Act (42 U.S.C.

6 5195a(a)(3)(A)) is amended by inserting ‘‘the

7 predeployment of those and other essential resources (in8 cluding personnel),’’ before ‘‘the provision of suitable

9 warning systems,’’.

10 (c) DIRECTOR.—Section 602(a) of the Robert T.

11 Stafford Disaster Relief and Emergency Assistance Act

12 (42 U.S.C. 5195a(a)) is amended—

13 (1) by striking paragraph (7); and

14 (2) by redesignating paragraphs (8), (9), and

15 (10) as paragraphs (7), (8), and (9), respectively.

16 (d) WEAPON OF MASS DESTRUCTION.—Section

17 602(a) of the Robert T. Stafford Disaster Relief and

18 Emergency Assistance Act (42 U.S.C. 5195a(a)) (as

19 amended by subsection (c)) is amended by adding at the

20 end the following:

21 ‘‘(10) WEAPON OF MASS DESTRUCTION.—The

22 term ‘weapon of mass destruction’ means any weap23 on or device that is intended, or has the capability,

24 to cause death or serious bodily injury to a signifi-
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1 cant number of people through the release, dissemi2 nation, or impact of—

3 ‘‘(A) toxic or poisonous chemicals or their

4 precursors;

5 ‘‘(B) a disease organism; or

6 ‘‘(C) radiation or radioactivity.’’.

7 SEC. 6. DETAILED FUNCTIONS OF ADMINISTRATION.

8 (a) FEDERAL EMERGENCY RESPONSE PLANS AND

9 PROGRAMS.—Section 611(b) of the Robert T. Stafford

10 Disaster Relief and Emergency Assistance Act (42 U.S.C.

11 5196(b)) is amended—

12 (1) by striking ‘‘The’’ and all that follows

13 through ‘‘prepare’’ and inserting the following:

14 ‘‘(1) IN GENERAL.—The President shall pre15 pare’’;

16 (2) by striking ‘‘To’’ and inserting the fol17 lowing:

18 ‘‘(2) REQUESTS FOR REPORTS ON STATE PLANS

19 AND OPERATIONS.—To’’; and

20 (3) by adding at the end the following:

21 ‘‘(3) RESPONSE TO TERRORISM.—In accordance

22 with section 313, the President shall ensure that

23 Federal response plans and programs are adequate

24 to respond to the consequences of terrorism directed

25 against a target in the United States, including ter-
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1 rorism involving a weapon of mass destruction or

2 cybertechnology.’’.

3 (b) EMERGENCY PREPAREDNESS MEASURES.—Sec4 tion 611(e) of the Robert T. Stafford Disaster Relief and

5 Emergency Assistance Act (42 U.S.C. 5196(e)) is

6 amended—

7 (1) in paragraph (1), by inserting ‘‘preventing

8 and’’ before ‘‘treating’’;

9 (2) in paragraph (2), by striking ‘‘developing

10 shelter designs’’ and inserting ‘‘development of shel11 ter designs, equipment, clothing,’’; and

12 (3) in paragraph (3), by striking ‘‘developing’’

13 and all that follows through ‘‘thereof’’ and inserting

14 ‘‘development and standardization of equipment and

15 facilities’’.

16 (c) TRAINING AND EXERCISE PROGRAMS.—Section

17 611(f) of the Robert T. Stafford Disaster Relief and

18 Emergency Assistance Act (42 U.S.C. 5196(f)) is

19 amended—

20 (1) in the subsection heading, by inserting

21 ‘‘AND EXERCISE’’ after ‘‘TRAINING’’; and

22 (2) in paragraph (1)—

23 (A) in the matter preceding subparagraph

24 (A), by striking ‘‘may’’ and inserting ‘‘shall’’;
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1 (B) in subparagraph (A), by inserting

2 ‘‘and exercise’’ after ‘‘training’’;

3 (C) in subparagraph (B), by striking

4 ‘‘and’’ at the end;

5 (D) in subparagraph (C), by striking the

6 period at the end and inserting ‘‘; and’’; and

7 (E) by adding at the end the following:

8 ‘‘(D) establish priorities among training and ex9 ercise programs based on an assessment of the exist10 ing threats, capabilities, and objectives.’’.

11 SEC. 7. REPEALS.

12 (a) USE OF FUNDS TO PREPARE FOR AND RESPOND

13 TO HAZARDS.—Section 615 of the Robert T. Stafford Dis14 aster Relief and Emergency Assistance Act (42 U.S.C.

15 5196d) is repealed.

16 (b) SECURITY REGULATIONS.—Section 622 of the

17 Robert T. Stafford Disaster Relief and Emergency Assist18 ance Act (42 U.S.C. 5197a) is repealed.

19 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

20 Section 626 of the Robert T. Stafford Disaster Relief

21 and Emergency Assistance Act (42 U.S.C. 5197e) is

22 amended—

23 (1) in subsection (a), by striking ‘‘the provi24 sions of this title’’ and inserting ‘‘subtitle A and this

25 subtitle’’;
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1 (2) by redesignating subsection (b) as sub2 section (c); and

3 (3) by inserting after subsection (a) the fol4 lowing:

5 ‘‘(b) PRIORITIES.—Amounts made available under

6 subsection (a) for training and exercise programs for pre7 paredness against terrorist attacks shall be used in a man8 ner consistent with the priorities established under section

9 611(f)(1)(D).’’.

10 SEC. 9. DOMESTIC TERRORISM PREPAREDNESS.

11 Title VI of the Robert T. Stafford Disaster Relief and

12 Emergency Assistance Act (42 U.S.C. 5195 et seq.) is

13 amended by adding at the end the following:

14 ‘‘Subtitle C—Domestic Terrorism

15 Preparedness

16 ‘‘SEC. 651. DEFINITIONS.

17 ‘‘In this subtitle:

18 ‘‘(1) ANNUAL IMPLEMENTATION STRATEGY.—

19 The term ‘Annual Implementation Strategy’ means

20 a strategy developed by the Executive Director

21 under section 656.

22 ‘‘(2) COUNCIL.—The term ‘Council’ means the

23 Council on Domestic Terrorism Preparedness estab24 lished by section 652.
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1 ‘‘(3) DOMESTIC TERRORISM PREPAREDNESS

2 PLAN.—The term ‘Domestic Terrorism Preparedness

3 Plan’ means the plan developed by the Executive Di4 rector under section 655.

5 ‘‘(4) END STATE OF PREPAREDNESS.—The

6 term ‘end state of preparedness’ means the end state

7 of preparedness defined by the Council under section

8 655(b)(3).

9 ‘‘(5) EXECUTIVE DIRECTOR.—The term ‘Execu10 tive Director’ means the Executive Director of the

11 Office of National Preparedness appointed under

12 section 653.

13 ‘‘(6) OFFICE.—The term ‘Office’ means the Of14 fice of National Preparedness established by section

15 653.

16 ‘‘(7) TRAINING AND EXERCISE PROGRAM.—The

17 term ‘training and exercise program’ includes a

18 grant program to enhance the capabilities of State

19 and local emergency preparedness and response per20 sonnel with respect to terrorist attacks.

21 ‘‘SEC. 652. ESTABLISHMENT OF COUNCIL.

22 ‘‘(a) IN GENERAL.—There is established a council to

23 be known as the ‘Council on Domestic Terrorism Pre24 paredness’.
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1 ‘‘(b) DUTIES.—In accordance with this subtitle, the

2 Council shall—

3 ‘‘(1) establish the policies, objectives, and prior4 ities of the Federal Government for the enhancement

5 of domestic preparedness for the consequences of

6 terrorist attacks; and

7 ‘‘(2) oversee the implementation of those poli8 cies, objectives, and priorities.

9 ‘‘(c) MEMBERS.—The Council shall be composed of

10 the following members:

11 ‘‘(1) The President.

12 ‘‘(2) The Director of the Federal Emergency

13 Management Agency.

14 ‘‘(3) The Executive Director.

15 ‘‘(4) The Attorney General.

16 ‘‘(5) The Secretary of Defense.

17 ‘‘(6) The Secretary of Health and Human Serv18 ices.

19 ‘‘(7) The Secretary of Veterans Affairs.

20 ‘‘(8) The Secretary of Transportation.

21 ‘‘(9) The Secretary of the Treasury.

22 ‘‘(10) The Secretary of Energy.

23 ‘‘(11) The Administrator of the Environmental

24 Protection Agency.
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1 ‘‘(12) The Director of the Office of Manage2 ment and Budget.

3 ‘‘(13) The Director of Central Intelligence.

4 ‘‘(14) The Assistant to the President for Na5 tional Security Affairs.

6 ‘‘(15) Any additional members appointed by the

7 President.

8 ‘‘(d) CHAIRPERSON.—

9 ‘‘(1) IN GENERAL.—The President shall serve

10 as the Chairperson of the Council.

11 ‘‘(2) EXECUTIVE CHAIRPERSON.—

12 ‘‘(A) IN GENERAL.—At the direction of the

13 President, the Executive Director shall serve as

14 the Executive Chairperson of the Council.

15 ‘‘(B) REPRESENTATION OF PRESIDENT.—

16 The Executive Chairperson shall represent the

17 President as the Chairperson of the Council, in18 cluding in communications with Congress and

19 Governors of States.

20 ‘‘(C) LIMITATION.—No member of the

21 Council other than the Executive Director may

22 serve as the Executive Chairperson.

23 ‘‘(e) MEETINGS.—
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1 ‘‘(1) FIRST MEETING.—The first meeting of the

2 Council shall be held not later than 90 days after

3 the date of enactment of this subtitle.

4 ‘‘(2) NUMBER OF MEETINGS.—The Council

5 shall meet at least twice each year.

6 ‘‘(f) STAFF.—The Executive Director shall provide to

7 the Council, on a reimbursable basis, such staff and other

8 administrative support services as the Council may re9 quest.

10 ‘‘SEC. 653. ESTABLISHMENT OF OFFICE OF NATIONAL PRE11 PAREDNESS.

12 ‘‘(a) IN GENERAL.—There is established in the Fed13 eral Emergency Management Agency an office to be

14 known as the ‘Office of National Preparedness’.

15 ‘‘(b) APPOINTMENT OF EXECUTIVE DIRECTOR.—

16 ‘‘(1) IN GENERAL.—The head of the Office

17 shall be the Executive Director of the Office of Na18 tional Preparedness, who shall be appointed by the

19 President, by and with the advice and consent of the

20 Senate.

21 ‘‘(2) COMPENSATION.—Subject to appropriation

22 Acts, the Executive Director shall be paid at the an23 nual rate of basic pay prescribed for level II of the

24 Executive Schedule under section 5313 of title 5,

25 United States Code.
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1 ‘‘(c) DUTIES OF EXECUTIVE DIRECTOR.—In accord2 ance with this subtitle, the Executive Director shall coordi3 nate the activities of the Federal Government and State

4 and local government agencies in the implementation of

5 the policies, objectives, and priorities established by the

6 Council.

7 ‘‘(d) COORDINATION WITH STATE AND LOCAL GOV8 ERNMENT AGENCIES.—

9 ‘‘(1) IN GENERAL.—In carrying out the duties

10 of the Executive Director under this subtitle, the

11 Executive Director shall—

12 ‘‘(A) serve as the primary liaison between

13 the Federal Government and State and local

14 government agencies in developing national ter15 rorism preparedness policies; and

16 ‘‘(B) serve as the Federal contact for State

17 and local government agencies that implement

18 terrorist attack preparedness programs.

19 ‘‘(2) DESIGNATION OF REGIONAL CONTACTS.—

20 In serving as the Federal contact under paragraph

21 (1)(B), the Executive Director shall designate an of22 ficer or employee of the Federal Emergency Manage23 ment Agency in each of the 10 regions of the Agency

24 to serve as the Federal contact for that region.
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1 ‘‘(e) USE OF EXISTING RESOURCES.—In carrying

2 out the duties of the Executive Director under this sub3 title, the Executive Director shall—

4 ‘‘(1) to the extent practicable, rely on existing

5 resources, including planning documents, equipment

6 lists, and program inventories; and

7 ‘‘(2) consult with and use—

8 ‘‘(A) existing Federal interagency boards

9 and committees;

10 ‘‘(B) existing government agencies; and

11 ‘‘(C) nongovernmental organizations.

12 ‘‘(f) DETAIL OF EMPLOYEES.—Upon the request of

13 a Federal agency, the Executive Director may detail, on

14 a reimbursable basis, any of the personnel of the Office

15 to assist the Federal agency in carrying out the duties of

16 the Federal agency under the Domestic Terrorism Pre17 paredness Plan.

18 ‘‘SEC. 654. STATEMENT OF FEDERAL POLICIES, OBJEC19 TIVES, AND PRIORITIES.

20 ‘‘Not later than 180 days after the date of enactment

21 of this subtitle, the Council shall issue a written statement

22 of the policies, objectives, and priorities of the Federal

23 Government for enhancing the capabilities of State and

24 local emergency preparedness and response personnel in—
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1 ‘‘(1) early identification of domestic terrorist

2 attacks; and

3 ‘‘(2) preparation for, and response to, the con4 sequences of domestic terrorist attacks, including at5 tacks involving weapons of mass destruction.

6 ‘‘SEC. 655. DOMESTIC TERRORISM PREPAREDNESS PLAN.

7 ‘‘(a) DEVELOPMENT OF PLAN.—Not later than 180

8 days after the date on which the Council issues a written

9 statement of policies, objectives, and priorities under sec10 tion 654, the Executive Director shall develop and submit

11 to the Council for approval a plan to be known as the

12 ‘Domestic Terrorism Preparedness Plan’.

13 ‘‘(b) CONTENTS.—The Domestic Terrorism Pre14 paredness Plan shall include—

15 ‘‘(1) a plan for implementing the policies, objec16 tives, and priorities established by the Council under

17 section 654;

18 ‘‘(2) a description of the specific role of each

19 Federal agency, and the roles of State and local gov20 ernment agencies, under the plan developed under

21 paragraph (1); and

22 ‘‘(3) a definition of an end state of prepared23 ness for emergency responders that specifies measur24 able, minimum standards of acceptability for domes-
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1 tic preparedness for the consequences of a terrorist

2 attack.

3 ‘‘(c) REQUIREMENTS FOR IMPLEMENTATION

4 PLAN.—The implementation plan developed under sub5 section (b)(1) shall—

6 ‘‘(1) be based on a threat, risk, and capability

7 assessment;

8 ‘‘(2) be developed using an all-hazards ap9 proach; and

10 ‘‘(3) include measurable objectives to be

11 achieved in each of the following 5 years for enhanc12 ing domestic preparedness for the consequences of a

13 terrorist attack.

14 ‘‘(d) EVALUATION OF FEDERAL RESPONSE

15 TEAMS.—

16 ‘‘(1) IN GENERAL.—In preparing the descrip17 tion of agency roles under subsection (b)(2), the Ex18 ecutive Director shall evaluate—

19 ‘‘(A) each Federal response team and the

20 assistance that the team offers to State and

21 local emergency response personnel when re22 sponding to the consequences of a terrorist at23 tack; and
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1 ‘‘(B) other Federal emergency response as2 sets, including the organization, needs, and geo3 graphic location of the assets.

4 ‘‘(2) ASSISTANCE FOLLOWING ACHIEVEMENT

5 OF END STATE OF PREPAREDNESS.—The evaluation

6 under paragraph (1) shall include an assessment of

7 how Federal response teams will assist State and

8 local emergency personnel after the personnel has

9 achieved the end state of preparedness.

10 ‘‘(e) CONSULTATION.—

11 ‘‘(1) IN GENERAL.—In developing the Domestic

12 Terrorism Preparedness Plan and each Annual Im13 plementation Strategy, the Executive Director shall

14 consult with—

15 ‘‘(A) the Council;

16 ‘‘(B) the head of each Federal agency that

17 will have responsibilities under the Domestic

18 Terrorism Preparedness Plan or Annual Imple19 mentation Strategy;

20 ‘‘(C) Congress;

21 ‘‘(D) State and local officials;

22 ‘‘(E) appropriate congressionally author23 ized panels;
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1 ‘‘(F) emergency preparedness organiza2 tions with memberships that include State and

3 local emergency responders; and

4 ‘‘(G) the State and local advisory group es5 tablished under section 660.

6 ‘‘(2) REPORTS.—As part of the Domestic Ter7 rorism Preparedness Plan and each Annual Imple8 mentation Strategy, the Executive Director shall in9 clude a written statement that specifies—

10 ‘‘(A) the persons consulted under this sub11 section; and

12 ‘‘(B) the recommendations made by those

13 persons.

14 ‘‘(f) ROLE OF THE DISTRICT OF COLUMBIA.—In de15 veloping and carrying out the Domestic Terrorism Pre16 paredness Plan and each Annual Implementation Strat17 egy, the Executive Director shall work in cooperation with

18 the Mayor of the District of Columbia for the purpose of

19 integrating the District of Columbia into the planning, co20 ordination, and execution of the activities of the Federal

21 Government for the enhancement of domestic prepared22 ness for the consequences of terrorist attacks.

23 ‘‘(g) APPROVAL BY COUNCIL.—

24 ‘‘(1) IN GENERAL.—After receiving the Domes25 tic Terrorism Preparedness Plan under subsection
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1 (a), the Council shall review and, subject to para2 graph (2), approve the plan.

3 ‘‘(2) MODIFICATIONS.—

4 ‘‘(A) IN GENERAL.—Before approving the

5 plan, the Council may require the Executive Di6 rector to make modifications to the plan.

7 ‘‘(B) RESUBMISSION TO COUNCIL.—Upon

8 making the modifications, the Executive Direc9 tor shall resubmit the plan to the Council for

10 approval.

11 ‘‘(h) SUBMISSION TO CONGRESS.—After the Domes12 tic Terrorism Preparedness Plan has been approved by the

13 Council, the Executive Director shall submit the plan to—

14 ‘‘(1) the Committee on Transportation and In15 frastructure of the House of Representatives; and

16 ‘‘(2) the Committee on Environment and Public

17 Works of the Senate.

18 ‘‘SEC. 656. ANNUAL IMPLEMENTATION STRATEGY.

19 ‘‘(a) IN GENERAL.—Not later than 180 days after

20 the date on which the Council issues a written statement

21 of policies, objectives, and priorities under section 654,

22 and annually thereafter for 4 years, the Executive Direc23 tor shall develop and submit to the Council for approval

24 an Annual Implementation Strategy for carrying out the
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1 Domestic Terrorism Preparedness Plan in the following

2 fiscal year.

3 ‘‘(b) CONTENTS.—Each Annual Implementation

4 Strategy shall include—

5 ‘‘(1) an inventory of training and exercise pro6 grams, response teams, and other programs and ac7 tivities related to domestic preparedness for the con8 sequences of a terrorist attack conducted by Federal

9 agencies in the preceding fiscal year that—

10 ‘‘(A) consists of a complete description and

11 assessment of each of the programs and activi12 ties, including the funding level for, purpose of,

13 and goal to be achieved by each of the pro14 grams and activities; and

15 ‘‘(B) includes a determination as to wheth16 er any of the programs or activities are duplica17 tive, fragmented, or overlapping;

18 ‘‘(2) if the Executive Director determines under

19 paragraph (1)(B) that certain programs and activi20 ties are duplicative, fragmented, or overlapping, a

21 detailed plan for consolidating, eliminating, or modi22 fying the programs and activities;

23 ‘‘(3)(A) an inventory of training and exercise

24 programs, response teams, and other programs and

25 activities to be conducted by Federal agencies in the
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1 following fiscal year under the Domestic Terrorism

2 Preparedness Plan, including provision for imple3 mentation of any plan developed under paragraph

4 (2); and

5 ‘‘(B) measurable objectives to be achieved in

6 that fiscal year for enhancing domestic preparedness

7 for the consequences of a terrorist attack; and

8 ‘‘(4) a complete assessment of how resource al9 location recommendations developed under section

10 657(a) are intended to implement the Annual Imple11 mentation Strategy.

12 ‘‘(c) APPROVAL BY COUNCIL.—

13 ‘‘(1) IN GENERAL.—After receiving an Annual

14 Implementation Strategy under subsection (a), the

15 Council shall review and, subject to paragraph (2),

16 approve the Annual Implementation Strategy.

17 ‘‘(2) MODIFICATIONS.—

18 ‘‘(A) IN GENERAL.—Before approving the

19 Annual Implementation Strategy, the Council

20 may require the Executive Director to make

21 modifications to the Annual Implementation

22 Strategy.

23 ‘‘(B) RESUBMISSION TO COUNCIL.—Upon

24 making the modifications, the Executive Direc-
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1 tor shall resubmit the Annual Implementation

2 Strategy to the Council for approval.

3 ‘‘(d) SUBMISSION TO CONGRESS.—On the date of

4 submission of the Domestic Terrorism Preparedness Plan

5 and, in each of the following 4 fiscal years, on the date

6 on which the President submits an annual budget to Con7 gress in accordance with section 1105(a) of title 31,

8 United States Code, the Executive Director shall submit

9 an Annual Implementation Strategy that has been ap10 proved by the Council to—

11 ‘‘(1) the Committee on Transportation and In12 frastructure of the House of Representatives; and

13 ‘‘(2) the Committee on Environment and Public

14 Works of the Senate.

15 ‘‘(e) PRESENTATION OF CLASSIFIED INFORMA16 TION.—Any part of the Domestic Terrorism Preparedness

17 Plan or an Annual Implementation Strategy that involves

18 information properly classified under criteria established

19 by an Executive order shall be presented to Congress sepa20 rately.

21 ‘‘(f) MONITORING.—The Executive Director, with the

22 assistance of the Inspector General of any Federal agency

23 as necessary, shall monitor the implementation of the Do24 mestic Terrorism Preparedness Plan and each Annual Im-
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1 plementation Strategy, including by conducting program

2 and performance audits and evaluations.

3 ‘‘SEC. 657. NATIONAL DOMESTIC PREPAREDNESS BUDGET.

4 ‘‘(a) RECOMMENDATIONS CONCERNING RESOURCE

5 ALLOCATIONS.—

6 ‘‘(1) RECOMMENDATIONS OF FEDERAL AGEN7 CIES.—Each Federal Government program manager

8 and agency head with responsibilities under the Do9 mestic Terrorism Preparedness Plan shall submit to

10 the Executive Director for each fiscal year rec11 ommended resource allocations for programs and ac12 tivities relating to those responsibilities on or before

13 the earlier of—

14 ‘‘(A) the 45th day before the date of the

15 budget submission of the Federal agency to the

16 Director of the Office of Management and

17 Budget for the fiscal year; or

18 ‘‘(B) August 15 of the fiscal year pre19 ceding the fiscal year for which the rec20 ommendations are being made.

21 ‘‘(2) RECOMMENDATIONS OF EXECUTIVE DI22 RECTOR.—

23 ‘‘(A) IN GENERAL.—For each fiscal year,

24 the Executive Director shall—
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1 ‘‘(i) develop recommendations con2 cerning resource allocations for each pro3 gram and activity identified in the Annual

4 Implementation Strategy for that fiscal

5 year; and

6 ‘‘(ii) submit those recommendations to

7 the Council for approval.

8 ‘‘(B) TYPES OF RECOMMENDATIONS.—The

9 recommendations of the Executive Director

10 under subparagraph (A) may include rec11 ommendations concerning—

12 ‘‘(i) changes in the organization, man13 agement, and resource allocations of Fed14 eral agencies; and

15 ‘‘(ii) the allocation of personnel to and

16 within the Federal agencies;

17 as appropriate to implement the Domestic Ter18 rorism Preparedness Plan.

19 ‘‘(3) APPROVAL OF EXECUTIVE DIRECTOR’S

20 RECOMMENDATIONS BY COUNCIL.—

21 ‘‘(A) IN GENERAL.—After receiving the

22 recommendations of the Executive Director

23 under paragraph (2), the Council shall review

24 and, subject to subparagraph (B), approve the

25 recommendations.
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1 ‘‘(B) MODIFICATIONS.—

2 ‘‘(i) IN GENERAL.—Before approving

3 the recommendations of the Executive Di4 rector, the Council may require the Execu5 tive Director to make modifications to the

6 recommendations.

7 ‘‘(ii) RESUBMISSION TO COUNCIL.—

8 Upon making the modifications, the Exec9 utive Director shall resubmit the rec10 ommendations to the Council for approval.

11 ‘‘(4) SUBMISSION OF EXECUTIVE DIRECTOR’S

12 RECOMMENDATIONS TO RELEVANT FEDERAL AGEN13 CIES AND OMB.—

14 ‘‘(A) IN GENERAL.—The Executive Direc15 tor shall submit recommendations that have

16 been approved by the Council to the relevant

17 Federal agencies and to the Director of the Of18 fice of Management and Budget.

19 ‘‘(B) CONSIDERATION OF EXECUTIVE DI20 RECTOR’S RECOMMENDATIONS BY OMB IN FOR21 MULATION OF ANNUAL BUDGET.—The Director

22 of the Office of Management and Budget

23 shall—

24 ‘‘(i) consider the recommendations

25 submitted under subparagraph (A) in for-
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1 mulating the annual budget of the Presi2 dent submitted to Congress under section

3 1105(a) of title 31, United States Code;

4 and

5 ‘‘(ii) provide to the Executive Director

6 a written explanation in any case in which

7 the Director of the Office of Management

8 and Budget does not accept such a rec9 ommendation.

10 ‘‘(b) RECORDS.—For any fiscal year, the Executive

11 Director shall—

12 ‘‘(1) maintain records concerning recommenda13 tions made and written explanations received under

14 this section; and

15 ‘‘(2) provide those records to Congress upon re16 quest, but not earlier than the date of submission to

17 Congress of the annual budget of the President for

18 the fiscal year under section 1105(a) of title 31,

19 United States Code.

20 ‘‘SEC. 658. CERTIFICATION OF PROGRAMS.

21 ‘‘(a) CRITERIA.—

22 ‘‘(1) ESTABLISHMENT BY COUNCIL.—Not later

23 than 180 days after the date of enactment of this

24 subtitle, the Council shall establish written criteria

25 for the certification of—
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1 ‘‘(A) programs under which Federal re2 sponse teams assist State and local emergency

3 response personnel in responding to the con4 sequences of terrorist attacks; and

5 ‘‘(B) training and exercise programs of

6 Federal agencies to enhance the capabilities of

7 State and local emergency preparedness and re8 sponse personnel with respect to terrorist at9 tacks.

10 ‘‘(2) ELIMINATION OF DUPLICATION, FRAG11 MENTATION, AND OVERLAP.—The criteria shall seek

12 to eliminate duplication, fragmentation, and overlap

13 in the programs referred to in paragraph (1).

14 ‘‘(b) CERTIFICATION OF PROGRAMS.—

15 ‘‘(1) REVIEW.—Not later than 180 days after

16 the date on which the Council issues written criteria

17 for the certification of programs under subsection

18 (a), the Executive Director, in consultation with the

19 Administrator of the United States Fire Administra20 tion, shall conduct a review of each program de21 scribed in subsection (a).

22 ‘‘(2) CERTIFICATION.—Upon completing a re23 view of a program under paragraph (1), the Execu24 tive Director shall certify or deny certification of the
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1 program based on the written criteria established by

2 the Council under subsection (a).

3 ‘‘(3) EXTENSION OF DEADLINE.—The Execu4 tive Director, as necessary, may extend the deadline

5 established by paragraph (1) with respect to a pro6 gram for a period of not more than 180 days.

7 ‘‘(c) REVIEW OF CERTIFIED PROGRAMS.—

8 ‘‘(1) TIMING OF REVIEWS.—A program that is

9 certified by the Executive Director under subsection

10 (b) shall be reviewed by the Executive Director on

11 or before—

12 ‘‘(A) June 15 of the third fiscal year be13 ginning after the date of certification; and

14 ‘‘(B) June 15 of each third fiscal year

15 thereafter.

16 ‘‘(2) RECERTIFICATION.—Upon completing a

17 review of a program under paragraph (1), the Exec18 utive Director shall recertify or deny recertification

19 of the program based on the written criteria estab20 lished by the Council under subsection (a).

21 ‘‘(d) APPEALS TO COUNCIL.—

22 ‘‘(1) IN GENERAL.—A Federal agency that is

23 conducting a program for which certification or re24 certification is denied by the Executive Director

25 under this section may appeal the decision of the
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1 Executive Director to the Council under procedures

2 to be developed by the Council.

3 ‘‘(2) FINAL DETERMINATION.—

4 ‘‘(A) REVIEW BY COUNCIL.—Upon review

5 of the appeal, the Council shall affirm or re6 verse the decision of the Executive Director.

7 ‘‘(B) FINALITY.—The decision of the

8 Council to affirm or reverse shall be final.

9 ‘‘(e) EFFECT OF DENIALS.—The Executive Director

10 may not include in the budget recommendations of the Ex11 ecutive Director under section 657 a budget request for

12 a program if the Executive Director has denied certifi13 cation or recertification of the program under this section

14 unless the decision of the Executive Director to deny cer15 tification or recertification has been reversed by the Coun16 cil under subsection (d).

17 ‘‘SEC. 659. COORDINATION WITH FEDERAL AGENCIES.

18 ‘‘(a) REQUESTS FOR ASSISTANCE.—The head of each

19 Federal agency with responsibilities under the Domestic

20 Terrorism Preparedness Plan shall—

21 ‘‘(1) cooperate with the Council and the Execu22 tive Director; and

23 ‘‘(2) subject to laws governing disclosure of in24 formation, provide such assistance, information, and
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1 advice as the Council and the Executive Director

2 may request.

3 ‘‘(b) NOTIFICATION IN CASES OF NONCOMPLI4 ANCE.—The Executive Director shall—

5 ‘‘(1) notify a Federal agency in writing if the

6 Executive Director finds that the policies of the Fed7 eral agency are not in compliance with the respon8 sibilities of the Federal agency under the Domestic

9 Terrorism Preparedness Plan; and

10 ‘‘(2) submit any such notification to—

11 ‘‘(A) the Council;

12 ‘‘(B) the Committee on Transportation

13 and Infrastructure of the House of Representa14 tives; and

15 ‘‘(C) the Committee on Environment and

16 Public Works of the Senate.

17 ‘‘(c) CERTIFICATION OF POLICY CHANGES.—

18 ‘‘(1) IN GENERAL.—

19 ‘‘(A) NOTIFICATION.—The head of each

20 Federal agency with responsibilities under the

21 Domestic Terrorism Preparedness Plan shall,

22 unless exigent circumstances require otherwise,

23 notify the Council and the Executive Director

24 in writing concerning any proposed change in

25 policies relating to the activities of the Federal
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1 agency under the Domestic Terrorism Pre2 paredness Plan not less than 30 days before im3 plementing the change.

4 ‘‘(B) REVIEW AND CERTIFICATION.—Dur5 ing the 30-day period beginning on the date of

6 receipt of notification of a proposed change

7 under subparagraph (A), the Executive Direc8 tor, in coordination with the Council, shall—

9 ‘‘(i) review the change; and

10 ‘‘(ii) subject to the approval of the

11 Council, certify to the Federal agency head

12 in writing whether the change is consistent

13 with the Domestic Terrorism Preparedness

14 Plan.

15 ‘‘(2) EXIGENT CIRCUMSTANCES.—

16 ‘‘(A) NOTIFICATION.—If prior notice of a

17 proposed change under paragraph (1) is not

18 practicable due to exigent circumstances, the

19 Federal agency head shall notify the Council

20 and the Executive Director as soon as prac21 ticable.

22 ‘‘(B) REVIEW AND CERTIFICATION.—Dur23 ing the 30-day period beginning on the date of

24 receipt of notification of a proposed change
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1 under subparagraph (A), the Executive Direc2 tor, in coordination with the Council, shall—

3 ‘‘(i) review the change; and

4 ‘‘(ii) subject to the approval of the

5 Council, certify to the Federal agency head

6 in writing whether the change is consistent

7 with the Domestic Terrorism Preparedness

8 Plan.

9 ‘‘(3) NEW PROGRAMS AND REALLOCATIONS OF

10 RESOURCES.—Policy changes subject to this sub11 section shall include the establishment of a new pro12 gram or office or reallocation of resources (including

13 Federal response teams) to enhance the capabilities

14 of State and local emergency preparedness and re15 sponse personnel with respect to terrorist attacks.

16 ‘‘SEC. 660. STATE AND LOCAL ADVISORY GROUP.

17 ‘‘(a) ESTABLISHMENT.—The Executive Director

18 shall provide for the establishment of a State and local

19 advisory group for the Office.

20 ‘‘(b) MEMBERS.—The advisory group shall be com21 posed of individuals involved in State and local emergency

22 preparedness for, and response to, the consequences of

23 terrorist attacks.

24 ‘‘(c) VOLUNTARY GUIDELINES.—
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1 ‘‘(1) IN GENERAL.—The Executive Director

2 shall provide for the establishment by the State and

3 local advisory group of voluntary guidelines for the

4 terrorist attack preparedness programs of State and

5 local government agencies for the purpose of pro6 viding guidance in the development and implementa7 tion of those programs.

8 ‘‘(2) CONTENTS OF GUIDELINES.—The guide9 lines developed under paragraph (1) shall address

10 planning, equipment, exercises, and training to

11 achieve the end state of preparedness.

12 ‘‘SEC. 661. ANNUAL COMPILATION OF THREAT AND RISK AS13 SESSMENTS.

14 ‘‘The Council shall annually compile the results of

15 threat and risk assessments conducted by Federal agen16 cies for use by the Council in ensuring the adequacy of

17 the Domestic Terrorism Preparedness Plan and Annual

18 Implementation Strategies.

19 ‘‘SEC. 662. REVIEW OF STATE AND LOCAL PROGRAMS AND

20 OTHER DUTIES OF THE EXECUTIVE DIREC21 TOR.

22 ‘‘(a) BIENNIAL REVIEW OF STATE AND LOCAL PRO23 GRAMS.—The Executive Director shall—
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1 ‘‘(1) ensure that a biennial review is conducted

2 of the terrorist attack preparedness programs of

3 State and local government agencies; and

4 ‘‘(2) provide recommendations to the agencies

5 based on the reviews.

6 ‘‘(b) ANALYSIS OF ADEQUACY OF EMERGENCY MED7 ICAL PREPAREDNESS.—

8 ‘‘(1) IN GENERAL.—The Executive Director

9 shall—

10 ‘‘(A) ensure that an analysis is conducted

11 of the adequacy of emergency medical prepared12 ness in the event of a major disaster; and

13 ‘‘(B) make recommendations based on the

14 analysis.

15 ‘‘(2) REPORT.—The Executive Director shall

16 submit to the Committee on Transportation and In17 frastructure of the House of Representatives and the

18 Committee on Environment and Public Works of the

19 Senate a report that contains—

20 ‘‘(A) the results of the analysis under

21 paragraph (1)(A); and

22 ‘‘(B) the recommendations of the Execu23 tive Director under paragraph (1)(B).

24 ‘‘(c) POLICIES CONCERNING FINANCIAL ASSISTANCE

25 TO STATES.—Subject to the approval of the Council, the
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1 Executive Director shall establish and publish general poli2 cies concerning financial assistance to States based on—

3 ‘‘(1) the potential risk and threat of terrorist

4 attacks in the State;

5 ‘‘(2) the capabilities of the State to respond to

6 the consequences of terrorist attacks; and

7 ‘‘(3) the ability of the State to achieve the end

8 state of preparedness.

9 ‘‘(d) CURRICULUM OF FEDERAL TRAINING AND EX10 ERCISE PROGRAMS.—After completion of the certification

11 of Federal training and exercise programs under section

12 658, the Executive Director shall publish, and update as

13 necessary, a curriculum of the programs to assist State

14 and local emergency preparedness and response personnel

15 in achieving the end state of preparedness.

16 ‘‘(e) NATIONAL SECURITY COUNCIL EFFORTS.—

17 ‘‘(1) MEETINGS.—In the role of the Executive

18 Director as principal adviser to the National Secu19 rity Council on Federal efforts to assist State and

20 local government agencies in domestic terrorist at21 tack preparedness matters, and subject to the direc22 tion of the President, the Executive Director may at23 tend and participate in meetings of the National Se24 curity Council.
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1 ‘‘(2) WORKING GROUP STRUCTURE.—Subject to

2 the direction of the President, the Executive Direc3 tor may participate in the working group structure

4 of the National Security Council.

5 ‘‘SEC. 663. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘(a) IN GENERAL.—There are authorized to be ap7 propriated to carry out this subtitle—

8 ‘‘(1) $30,000,000 for fiscal year 2002; and

9 ‘‘(2) such sums as are necessary for each of fis10 cal years 2003 through 2006.

11 ‘‘(b) AVAILABILITY.—Sums made available under

12 subsection (a) shall remain available until expended.’’.

Æ