106TH CONGRESS
2D SESSION
H. R. 4210
AN ACT
To amend the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act to provide for improved Federal
efforts to prepare for and respond to terrorist attacks,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 As-
sistance 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 appro-
priate Federal, State, and local agencies for develop-
ment of a capability for early detection and warning
of and response to potential domestic terrorist at-
tacks involving weapons of mass destruction; 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—
(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, land-
slide, mudslide, snowstorm, snow drought, or
drought), or, regardless of cause, any fire, flood, ex-
plosion, act of terrorism, or other catastrophic event
in any part of the United States, which in the deter-
mination of the President causes damage of suffi-
cient severity and magnitude to warrant major dis-
aster assistance under this Act to supplement the ef-
forts and available resources of States, local govern-
ments, 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 in-
serting ‘‘President’’;
(2) in section 603 by striking ‘‘Director of the
Federal Emergency Management Agency’’ and in-
serting ‘‘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 re-
view’’ and inserting ‘‘responsibilities. The Presi-
dent shall review’’;
(4) in section 621(g) by striking the second
sentence;
(5) in section 623—
(A) by striking paragraph (1) and redesig-
nating 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 in-
serting ‘‘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.’’.
(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 ca-
tastrophe 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 re-
designating 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 weap-
on or device that is intended, or has the capability,
to cause death or serious bodily injury to a signifi-
cant number of people through the release, dissemi-
nation, or impact of—
‘‘(A) toxic or poisonous chemicals or their
precursors;
‘‘(B) a disease organism; or
‘‘(C) radiation or radioactivity.’’.
SEC. 6. DETAILED FUNCTIONS OF ADMINISTRATION.
(a) FEDERAL EMERGENCY RESPONSE PLANS AND
PROGRAMS.—Section 611(b) (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 ac-
cordance with section 313, the President shall en-
(4) by inserting after paragraph (1) the fol-
lowing:
‘‘(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 re-
pealed.
(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 sub-
section (c); and
(2) by inserting after subsection (a) the fol-
lowing:
‘‘(b) PRIORITIES.—Amounts appropriated pursuant
to this section for training and exercise programs for pre-
paredness against terrorist attacks shall be used in a man-
ner consistent with the priorities established under section
611(f)(2).’’.
SEC. 9. PRESIDENT’S COUNCIL ON DOMESTIC TERRORISM
PREPAREDNESS.
Title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195 et seq.) is
amended by adding at the end the following:
‘‘Subtitle C—President’s Council on
Domestic Terrorism Preparedness
‘‘SEC. 651. ESTABLISHMENT OF COUNCIL.
‘‘(a) IN GENERAL.—There is established a council to
be known as the President’s Council on Domestic Ter-
rorism Preparedness (in this subtitle referred to as the
‘Council’).
‘‘(b) MEMBERSHIP.—The Council shall be composed
of the following members:
‘‘(1) The President.
‘‘(2) The Director of the Federal Emergency
Management Agency.
‘‘(3) The Attorney General.
‘‘(4) The Secretary of Defense.
‘‘(5) The Director of the Office of Management
and Budget.
‘‘(6) The Assistant to the President for Na-
tional Security Affairs.
‘‘(7) Any additional members appointed by the
President.
‘‘(c) CHAIRMAN.—
‘‘(1) IN GENERAL.—The President shall serve
as the chairman of the Council.
‘‘(2) EXECUTIVE
CHAIRMAN.—The President
may appoint an Executive Chairman of the Council
(in this subtitle referred to as the ‘Executive Chair-
man’). The Executive Chairman shall represent the
President as chairman of the Council, including in
communications with Congress and State Governors.
‘‘(3) SENATE
CONFIRMATION.—An individual
selected to be the Executive Chairman under para-
graph (2) shall be appointed by and with the advice
and consent of the Senate, except that Senate con-
firmation shall not be required if, on the date of ap-
pointment, the individual holds a position for which
Senate confirmation was required.
‘‘(d) FIRST MEETING.—The first meeting of the
Council shall be held not later than 90 days after the date
of the enactment of this Act.
‘‘SEC. 652. DUTIES OF COUNCIL.
‘‘The Council shall carry out the following duties:
‘‘(1) Establish the policies, objectives, and pri-
orities of the Federal Government for enhancing the
capabilities of State and local emergency prepared-
ness and response personnel in early detection and
warning of and response to all domestic terrorist at-
tacks, including attacks involving weapons of mass
destruction.
‘‘(2) Publish a Domestic Terrorism Prepared-
ness Plan and an annual strategy for carrying out
the plan in accordance with section 653, including
the end state of preparedness for emergency re-
sponders established under section 653(b)(1)(D).
‘‘(3) To the extent practicable, rely on existing
resources (including planning documents, equipment
lists, and program inventories) in the execution of
its duties.
‘‘(4) Consult with and utilize existing inter-
agency boards and committees, existing govern-
mental entities, and non-governmental organizations
in the execution of its duties.
‘‘(5) Ensure that a biennial review of the ter-
rorist attack preparedness programs of State and
local governmental entities is conducted and provide
recommendations to the entities based on the re-
views.
‘‘(6) Provide for the creation of a State and
local advisory group for the Council, to be composed
of individuals involved in State and local emergency
preparedness and response to terrorist attacks.
‘‘(7) Provide for the establishment by the Coun-
cil’s State and local advisory group of voluntary
guidelines for the terrorist attack preparedness pro-
grams of State and local governmental entities in ac-
cordance with section 655.
‘‘(8) Designate a Federal entity to consult with,
and serve as a contact for, State and local govern-
mental entities implementing terrorist attack pre-
paredness programs.
‘‘(9) Coordinate and oversee the implementation
by Federal departments and agencies of the policies,
objectives, and priorities established under para-
graph (1) and the fulfillment of the responsibilities
of such departments and agencies under the Domes-
tic Terrorism Preparedness Plan.
‘‘(10) Make recommendations to the heads of
appropriate Federal departments and agencies
regarding—
‘‘(A) changes in the organization, manage-
ment, and resource allocations of the depart-
ments and agencies; and
‘‘(B) the allocation of personnel to and
within the departments and agencies,
to implement the Domestic Terrorism Preparedness
Plan.
‘‘(11) Assess all Federal terrorism preparedness
programs and ensure that each program complies
with the Domestic Terrorism Preparedness Plan.
‘‘(12) Identify duplication, fragmentation, and
overlap within Federal terrorism preparedness pro-
grams and eliminate such duplication, fragmentation
and overlap.
‘‘(13) Evaluate Federal emergency response as-
sets and make recommendations regarding the orga-
nization, need, and geographic location of such as-
sets.
‘‘(14) Establish general policies regarding fi-
nancial assistance to States based on potential risk
and threat, response capabilities, and ability to
achieve the end state of preparedness for emergency
responders established under section 653(b)(1)(D).
‘‘(15) Notify a Federal department or agency in
writing if the Council finds that its policies are not
in compliance with its responsibilities under the Do-
mestic Terrorism Preparedness Plan.
‘‘SEC. 653. DOMESTIC TERRORISM PREPAREDNESS PLAN
AND ANNUAL STRATEGY.
‘‘(a) DEVELOPMENT OF PLAN.—Not later than 180
days after the date of the first meeting of the Council,
the Council shall develop a Domestic Terrorism Prepared-
ness Plan and transmit a copy of the plan to Congress.
‘‘(b) CONTENTS.—
‘‘(1) IN
GENERAL.—The Domestic Terrorism
Preparedness Plan shall include the following:
‘‘(A) A statement of the policies, objec-
tives, and priorities established by the Council
under section 652(1).
‘‘(B) A plan for implementing such poli-
cies, objectives, and priorities that is based on
a threat, risk, and capability assessment and in-
cludes measurable objectives to be achieved in
each of the following 5 years for enhancing do-
mestic preparedness against a terrorist attack.
‘‘(C) 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 subparagraph
(B).
‘‘(D) A definition of an end state of pre-
paredness for emergency responders that sets
forth measurable, minimum standards of ac-
ceptability for preparedness.
‘‘(2) EVALUATION
OF
FEDERAL
RESPONSE
TEAMS.—In preparing the description under para-
graph (1)(C), the Council shall evaluate each Fed-
eral response team and the assistance that the team
offers to State and local emergency personnel when
responding to a terrorist attack. The evaluation shall
include an assessment of how the Federal response
team will assist State and local emergency personnel
after the personnel has achieved the end state of
preparedness for emergency responders established
under paragraph (1)(D).
‘‘(c) ANNUAL STRATEGY.—
‘‘(1) IN GENERAL.—The Council shall develop
and transmit to 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 Con-
gress 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 the following:
‘‘(A) An inventory of Federal training and
exercise programs, response teams, grant pro-
grams, and other programs and activities re-
lated to domestic preparedness against a ter-
rorist attack conducted in the preceding fiscal
year and a determination as to whether any of
such programs or activities may be duplicative.
The inventory shall consist of a complete de-
scription of each such program and activity, in-
cluding the funding level and purpose of and
goal to be achieved by the program or activity.
‘‘(B) If the Council determines under sub-
paragraph (A) that certain programs and activi-
ties are duplicative, a detailed plan for consoli-
dating, eliminating, or modifying the programs
and activities.
‘‘(C) An inventory of Federal training and
exercise programs, grant programs, response
teams, and other programs and activities to be
conducted in such fiscal year under the Domes-
tic Terrorism Preparedness Plan and measur-
able objectives to be achieved in such fiscal year
for enhancing domestic preparedness against a
terrorist attack. The inventory shall provide for
implementation of any plan developed under
subparagraph (B), relating to duplicative pro-
grams and activities.
‘‘(D) A complete assessment of how re-
source allocation recommendations developed
under section 654(a) are intended to implement
the annual strategy.
‘‘(d) CONSULTATION.—
‘‘(1) IN GENERAL.—In developing the Domestic
Terrorism Preparedness Plan and each annual strat-
egy for carrying out the plan, the Council shall con-
sult 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 organiza-
tions with memberships that include State and
local emergency responders.
‘‘(2) REPORTS.—As part of the Domestic Ter-
rorism Preparedness Plan and each annual strategy
for carrying out the plan, the Council shall include
a written statement indicating the persons consulted
under this subsection and the recommendations
made by such persons.
‘‘(e) TRANSMISSION
OF
CLASSIFIED
INFORMA-
TION.—Any part of the Domestic Terrorism Preparedness
Plan or an annual strategy for carrying out the plan that
involves information properly classified under criteria es-
tablished by an Executive order shall be presented to Con-
gress separately.
‘‘(f) RISK OF TERRORIST ATTACKS AGAINST TRANS-
PORTATION FACILITIES.—
‘‘(1) IN GENERAL.—In developing the plan and
risk assessment under subsection (b), the Council
shall designate an entity to assess the risk of ter-
rorist attacks against transportation facilities, per-
sonnel, and passengers.
‘‘(2) CONTENTS.—In developing the plan and
risk assessment under subsection (b), the Council
shall ensure that the following three tasks are ac-
complished:
‘‘(A) An examination of the extent to
which transportation facilities, personnel, and
passengers have been the target of terrorist at-
tacks and the extent to which such facilities,
personnel, and passengers are vulnerable to
such attacks.
‘‘(B) An evaluation of Federal laws that
can be used to combat terrorist attacks against
transportation facilities, personnel, and pas-
sengers, and the extent to which such laws are
enforced. The evaluation may also include a re-
view of applicable State laws.
‘‘(C) An evaluation of available tech-
nologies and practices to determine the best
means of protecting transportation facilities,
personnel, and passengers against terrorist at-
tacks.
‘‘(3) CONSULTATION.—In developing the plan
and risk assessment under subsection (b), the Coun-
cil shall consult with the Secretary of Transpor-
tation, representatives of persons providing transpor-
tation, and representatives of employees of such per-
sons.
‘‘(g) MONITORING.—The Council, with the assistance
of the Inspector General of the relevant Federal depart-
ment or agency as needed, shall monitor the implementa-
tion of the Domestic Terrorism Preparedness Plan, includ-
ing conducting program and performance audits and eval-
uations.
‘‘SEC. 654. NATIONAL DOMESTIC PREPAREDNESS BUDGET.
‘‘(a) RECOMMENDATIONS
REGARDING
RESOURCE
ALLOCATIONS.—
‘‘(1) TRANSMITTAL TO COUNCIL.—Each Fed-
eral Government program manager, agency head,
and department head with responsibilities under the
Domestic Terrorism Preparedness Plan shall trans-
mit to the Council for each fiscal year recommended
resource allocations for programs and activities re-
lating 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 pre-
ceding the fiscal year for which the rec-
ommendations are being made.
‘‘(2) TRANSMITTAL TO THE OFFICE OF MAN-
AGEMENT AND BUDGET.—The Council shall develop
for each fiscal year recommendations regarding re-
source allocations for each program and activity
identified in the annual strategy completed under
section 653 for the fiscal year. Such recommenda-
tions 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 rec-
ommendations in formulating the annual budget of
the President submitted 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 Director does not accept such a
recommendation.
‘‘(3) RECORDS.—The Council shall maintain
records regarding recommendations made and writ-
ten 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
RESOURCES.—The head of a Federal department or
agency shall consult with the Council before acting
to enhance the capabilities of State and local emer-
gency preparedness and response personnel with re-
spect 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
voluntary guidelines for the terrorist attack preparedness
programs of State and local governmental entities for the
purpose of providing guidance in the development and im-
plementation of such programs. The guidelines shall ad-
dress equipment, exercises, and training and shall estab-
lish a desired 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 Sec-
retary of a department or head of an agency, the
temporary reassignment within the Federal Govern-
ment of personnel employed by such department or
agency;
‘‘(2) use for administrative purposes, on a reim-
bursable basis, the available services, equipment,
personnel, and facilities of Federal, State, and local
agencies;
‘‘(3) procure the services of experts and con-
sultants in accordance with section 3109 of title 5,
United States Code, relating to appointments in the
Federal Service, at rates of compensation for indi-
viduals 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
General of a Federal department or agency in con-
ducting 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
direction of the President, attend and participate in meet-
ings 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 Direc-
tor.
‘‘(c) ADMINISTRATIVE
SUPPORT
SERVICES.—The
Executive Office of the President shall provide to the
Council, on a reimbursable basis, such administrative sup-
port services, 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 cooper-
ate with the Council and, subject to laws governing disclo-
sure 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
department and agency with responsibilities under
the Domestic Terrorism Preparedness Plan shall,
unless exigent circumstances require otherwise, no-
tify 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 pro-
posed change and certify to the department or agen-
cy 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 Council as soon as practicable. The
Council 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.
‘‘SEC. 660. 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