enforced. The evaluation may also include a re-
view of applicable State laws.
‘‘(C) An evaluation of available technologies
and practices to determine the best means of pro-
tecting transportation facilities, personnel, and
passengers against terrorist attacks.
‘‘(3) CONSULTATION.—In developing the plan
and risk assessment under subsection (b), the Council
shall consult with the Secretary of Transportation,
representatives of persons providing transportation,
and representatives of employees of such persons.
‘‘(g) MONITORING.—The Council, with the assistance
of the Inspector General of the relevant Federal department
or agency as needed, shall monitor the implementation of
the Domestic Terrorism Preparedness Plan, including con-
ducting program and performance audits and evaluations.
‘‘SEC. 654. NATIONAL DOMESTIC PREPAREDNESS BUDGET.
‘‘(a) RECOMMENDATIONS REGARDING RESOURCE AL-
LOCATIONS.—
‘‘(1) TRANSMITTAL TO COUNCIL.—Each Federal
Government program manager, agency head, and de-
partment head with responsibilities under the Domes-
tic Terrorism Preparedness Plan shall transmit to the
Council for each fiscal year recommended resource al-
locations for programs and activities relating to such
responsibilities on or before the earlier of—
‘‘(A) the 45th day before the date of the
budget submission of the department or agency
to the Director of the Office of Management and
Budget for the fiscal year; or
‘‘(B) August 15 of the fiscal year preceding
the fiscal year for which the recommendations
are being made.
‘‘(2) TRANSMITTAL TO THE OFFICE OF MANAGE-
MENT AND BUDGET.—The Council shall develop for
each fiscal year recommendations regarding resource
allocations for each program and activity identified
in the annual strategy completed under section 653
for the fiscal year. Such recommendations shall be
submitted to the relevant departments and agencies
and to the Director of the Office of Management and
Budget. The Director of the Office of Management and
Budget shall consider such recommendations in for-
mulating the annual budget of the President sub-
mitted to Congress under section 1105(a) of title 31,
United States Code, and shall provide to the Council
a written explanation in any case in which the Direc-
tor does not accept such a recommendation.
‘‘(3) RECORDS.—The Council shall maintain
records regarding recommendations made and written
explanations received under paragraph (2) and shall
provide such records to Congress upon request. The
Council may not fulfill such a request before the date
of submission of the relevant annual budget of the
President to Congress under section 1105(a) of title
31, United States Code.
‘‘(4) NEW PROGRAMS OR REALLOCATION OF RE-
SOURCES.—The head of a Federal department or
agency shall consult with the Council before acting to
enhance the capabilities of State and local emergency
preparedness and response personnel with respect to
terrorist attacks by—
‘‘(A) establishing a new program or office;
or
‘‘(B) reallocating resources, including Fed-
eral response teams.
‘‘SEC. 655. VOLUNTARY GUIDELINES FOR STATE AND LOCAL
PROGRAMS.
‘‘The Council shall provide for the establishment of vol-
untary guidelines for the terrorist attack preparedness pro-
grams of State and local governmental entities for the pur-
pose of providing guidance in the development and imple-
mentation of such programs. The guidelines shall address
equipment, exercises, and training and shall establish a de-
sired threshold level of preparedness for State and local
emergency responders.
‘‘SEC. 656. POWERS OF COUNCIL.
‘‘In carrying out this subtitle, the Council may—
‘‘(1) direct, with the concurrence of the Secretary
of a department or head of an agency, the temporary
reassignment within the Federal Government of per-
sonnel employed by such department or agency;
‘‘(2) use for administrative purposes, on a reim-
bursable basis, the available services, equipment, per-
sonnel, and facilities of Federal, State, and local
agencies;
‘‘(3) procure the services of experts and consult-
ants in accordance with section 3109 of title 5,
United States Code, relating to appointments in the
Federal Service, at rates of compensation for individ-
uals 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;
‘‘(4) accept and use donations of property from
Federal, State, and local government agencies;
‘‘(5) use the mails in the same manner as any
other department or agency of the executive branch;
and
‘‘(6) request the assistance of the Inspector Gen-
eral of a Federal department or agency in conducting
audits and evaluations under section 653(g).
‘‘SEC. 657. ROLE OF COUNCIL IN NATIONAL SECURITY
COUNCIL EFFORTS.
‘‘The Council may, in the Council’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 di-
rection of the President, attend and participate in meetings
of the National Security Council. The Council may, subject
to the direction of the President, participate in the National
Security Council’s working group structure.
‘‘SEC. 658. EXECUTIVE DIRECTOR AND STAFF OF COUNCIL.
‘‘(a) EXECUTIVE DIRECTOR.—The Council shall have
an Executive Director who shall be appointed by the Presi-
dent.
‘‘(b) STAFF.—The Executive Director may appoint
such personnel as the Executive Director considers appro-
priate. Such personnel shall be assigned to the Council on
a full-time basis and shall report to the Executive Director.
‘‘(c) ADMINISTRATIVE SUPPORT SERVICES.—The Ex-
ecutive Office of the President shall provide to the Council,
on a reimbursable basis, such administrative support serv-
ices, including office space, as the Council may request.
‘‘SEC. 659. COORDINATION WITH EXECUTIVE BRANCH DE-
PARTMENTS 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 Council and, subject to laws governing disclosure
of information, provide such assistance, information, and
advice as the Council may request.
‘‘(b) CERTIFICATION OF POLICY CHANGES BY COUN-
CIL.—
‘‘(1) IN GENERAL.—The head of each Federal de-
partment and agency with responsibilities under the
Domestic Terrorism Preparedness Plan shall, unless
exigent circumstances require otherwise, notify the
Council 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
Council shall promptly review such proposed change
and certify to the department or agency head in writ-
ing whether such change is consistent with the Domes-
tic 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 Council as soon as practicable. The