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108th CONGRESS
1st Session
H. R. 3158
To amend the Homeland Security Act of 2002 to establish a task force to
determine essential capabilities for State and local jurisdictions to
prevent, prepare for, and respond to acts of terrorism, to authorize
the Secretary of Homeland Security to make grants to State and local
governments to achieve such capability, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2003
Mr. Turner of Texas (for himself, Mr. Thompson of Mississippi, Ms.
Loretta Sanchez of California, Mr. Markey, Mr. Dicks, Mr. Frank of
Massachusetts, Ms. Harman, Mr. Cardin, Ms. Slaughter, Mr. DeFazio, Mrs.
Lowey, Mr. Andrews, Ms. Norton, Ms. Lofgren, Ms. McCarthy of Missouri,
Ms. Jackson-Lee of Texas, Mr. Pascrell, Mrs. Christensen, Mr.
Etheridge, Mr. Gonzalez, Mr. Lucas of Kentucky, Mr. Langevin, Mr. Meek
of Florida, Ms. Pelosi, Mr. Hoyer, Mr. Menendez, Ms. Berkley, Mr.
Pallone, Mr. Israel, Mr. Lantos, Mr. Acevedo-Vila, Mrs. McCarthy of New
York, Mr. Case, Ms. Kilpatrick, Mr. McGovern, Mr. Green of Texas, Ms.
DeLauro, Mr. Moore, Ms. Solis, Mr. Frost, Mr. Ross, Mr. McIntyre, Mr.
Stenholm, Mrs. Tauscher, Mr. Michaud, Mr. Holden, Ms. McCollum, Mr.
Payne, Mr. Wynn, Mr. Udall of New Mexico, Mrs. Jones of Ohio, Mr.
Honda, Mr. Sandlin, Mr. John, Mr. Snyder, Ms. Millender-McDonald, Mr.
Grijalva, Mr. Berry, Mr. Ruppersberger, Mr. Edwards, Mr. Udall of
Colorado, Mr. Farr, Ms. Bordallo, Mr. Hoeffel, Mr. Berman, Mr.
Hinojosa, Mr. Bell, Mr. Reyes, Mr. Ortiz, Ms. Kaptur, Mr. Davis of
Florida, Ms. Lee, Mr. Boyd, Mr. George Miller of California, Mr.
Kennedy of Rhode Island, Ms. Corrine Brown of Florida, Mr. McNulty, Mr.
Delahunt, Ms. Carson of Indiana, Mr. Rothman, Mr. Engel, Ms. Linda T.
Sanchez of California, Mrs. Maloney, Mr. Kildee, Ms. Majette, Mr.
Larsen of Washington, Mr. Hinchey, Mr. Towns, Ms. Hooley of Oregon, Ms.
Schakowsky, Mr. Filner, Mr. Spratt, Mr. Bishop of New York, Mr. Waxman,
Mr. Van Hollen, Mr. Tierney, Mr. Meehan, Mr. Nadler, Mr. Blumenauer,
Mr. Baca, Mr. Schiff, Mr. Lampson, Mr. Sherman, Mrs. Capps, Mr.
Crowley, Mr. Cummings, Mr. Davis of Illinois, Mr. Davis of Tennessee,
Ms. DeGette, Mr. Emanuel, Mr. Hastings of Florida, Mr. Hill, Mr.
Jefferson, Mr. Meeks of New York, Mr. Price of North Carolina, Mr.
Strickland, Mr. Thompson of California, Mr. Wu, Ms. Waters, Ms. Eshoo,
Ms. Roybal-Allard, Mr. Larson of Connecticut, Mr. Brady of
Pennsylvania, Mrs. Davis of California, Mr. Ballance, Ms. Eddie Bernice
Johnson of Texas, Mr. Holt, Mr. Smith of Washington, Mr. Bishop of
Georgia, Mr. Cooper, and Mr. Skelton) introduced the following bill;
which was referred to the Select Committee on Homeland Security, and in
addition to the Committees on Transportation and Infrastructure, the
Judiciary, and Energy and Commerce, 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 amend the Homeland Security Act of 2002 to establish a task force to
determine essential capabilities for State and local jurisdictions to
prevent, prepare for, and respond to acts of terrorism, to authorize
the Secretary of Homeland Security to make grants to State and local
governments to achieve such capability, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PREPARE ACT.
(a) In General.--The Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 101 et seq.) is amended by adding at the end the
following:
``TITLE XVIII--PREPARING AMERICA TO RESPOND EFFECTIVELY ACT OF 2003
``SEC. 1801. SHORT TITLE.
``This title may be cited as the `Preparing America to Respond
Effectively Act of 2003' or the `PREPARE Act'.
``SEC. 1802. FINDINGS.
``The Congress finds the following:
``(1) America's leaders have not yet defined national
standards of terrorism preparedness--the essential capabilities
to which every jurisdiction in America should have access.
``(2) It is therefore not yet possible to determine
precisely the gap between how prepared a State or local
government is now, and how prepared it needs to be, to respond
to acts of terrorism.
``(3) The absence of a functioning methodology to determine
national requirements for terrorism preparedness constitutes a
public policy crisis.
``(4) Establishing national standards that define levels of
State and local government terrorism preparedness is a critical
first step toward determining the nature and extent of State
and local government needs, and the human and financial
resources needed to fulfill them.
``(5) National standards would make it possible to direct
funding to meet identified needs and measure preparedness
levels on a national scale.
``(6) The Federal government should play a predominant role
in assisting communities to reach the level of preparedness
they need to respond to a catastrophic terrorist attack.
``SEC. 1803. DEFINITIONS.
``In this title:
``(1) Essential capabilities.--The term `essential
capabilities' means the levels, availability, and competence of
emergency personnel and equipment across a variety of
disciplines needed to effectively and efficiently prevent,
prepare for, and respond to acts of terrorism according to
predetermined procedures and guidelines.
``(2) First responder.--The term `first responder' means--
``(A) fire, emergency medical service, law
enforcement, public health, emergency management,
public works, hazardous materials, hospital, and other
medical personnel; and
``(B) such other personnel as are identified by the
Secretary.
``(3) Second responders.--The term `second responders'
means individuals who have training and equipment that may be
useful in responding to a terrorist attack and who are
integrated into emergency response plans in order to supplement
the capabilities of first responders.
``(4) Task force.--The term `Task Force' means the Task
Force on Standards for Terrorism Preparedness established by
section 1804.
``(5) Public works.--The term `public works' means
structures, such as roads, highways, buildings, bridges, and
docks, constructed and maintained at government expense for
public use.
``(6) Critical infrastructure.--The term `critical
infrastructure' means those networks, systems, institutions,
facilities, people, and procedures, the destruction,
disruption, or diversion of which would cause major harm to the
national well being.
``SEC. 1804. TASK FORCE ON STANDARDS FOR TERRORISM PREPAREDNESS.
``(a) Establishment.--Within 60 days after the date of the
enactment of this title, the Secretary of Homeland Security shall
establish a task force to be known as the Task Force on Standards for
Terrorism Preparedness for the purpose of developing and recommending a
methodology for States and local governments to determine essential
capability.
``(b) Membership.--The Task Force shall be composed of 27 members,
as follows:
``(1) Appointed members, generally.--The Task Force shall
have 20 members appointed by the Secretary by not later than 60
days after the date of the enactment of this Act, as follows:
``(A) 2 members representing fire services, 1 of
whom shall represent the volunteer fire service.
``(B) 2 members representing State and local law
enforcement agencies, 1 of whom shall represent local
government law enforcement agencies.
``(C) 2 members representing emergency medical
services.
``(D) 2 members representing State and local public
health services, 1 of whom shall represent local public
health services, and at least one of whom shall have
expertise in mental health services.
``(E) 2 members representing State and local
emergency management agencies, 1 of whom shall
represent local emergency management agencies.
``(F) 2 members representing State and local public
works agencies, 1 of whom shall represent local public
works agencies.
``(G) 2 members representing hospitals and other
medical services.
``(H) 1 member representing hazardous materials
response organizations.
``(I) 1 member representing the National Fire
Protection Association.
``(J) 1 member representing the American National
Standards Institute.
``(K) 1 member representing the National Institute
for Justice, appointed in consultation with the
Attorney General.
``(L) 1 member representing the InterAgency Board
for Equipment Standardization and Interoperability.
``(M) 1 member representing the Centers for Disease
Control and Prevention's National Public Health
Performance Standards Program, appointed in
consultation with the Secretary of the Department of
Health and Human Services.
``(2) Membership of elected officials.--The Task Force
shall have 4 members appointed by the Secretary from among
individuals who are elected officials of State and local
governments, as follows:
``(A) 2 members representing elected State
government officials, each of which is a member of a
different political party.
``(B) 2 members representing elected local
government officials, each of which is a member of a
different political party.
``(3) Chair and vice-chair.--At the first meeting of the
Task Force, the membership of the Task Force appointed under
paragraphs (1) and (2) shall elect a chair and vice-chair of
the Task Force. The Task Force shall ensure that the elected
chair and vice-chair--
``(A) represent two different professions among the
professions that make up the Task Force;
``(B) are not both representatives of State
governments; and
``(C) are not both representatives of local
governments.
``(4) Ex officio members.--The Task Force shall have the
following ex officio members:
``(A) The Director of the Office for Domestic
Preparedness (or the Director's designee).
``(B) The Director of the Office for State and
Local Government Coordination (or the Director's
designee).
``(C) The Under Secretary for Emergency
Preparedness and Response (or the Under Secretary's
designee).
``(c) Composition of Task Force.--In appointing members to the Task
Force, the Secretary shall ensure that its membership--
``(1) is geographically diverse;
``(2) includes representatives from both rural and urban
jurisdictions;
``(3) includes representatives from both management and
labor;
``(4) includes representatives from both uniformed and
nonuniformed professions; and
``(5) includes sufficient personnel with security
clearances necessary to review classified materials that may be
needed to conduct the business of the Task Force.
``(d) Qualifications of Appointed Members.--Members appointed under
subsection (b)(1) shall be individuals who--
``(1) have expertise in disaster prevention, preparedness,
mitigation, or response; emergency planning and management;
terrorism; or first responder technologies; or
``(2) have other pertinent qualifications or experience.
``(e) Study.--
``(1) In general.--The Task Force shall conduct a study
to--
``(A) identify the essential capabilities to which
every State and local government should have access;
and
``(B) develop a methodology for States and local
governments to use to determine--
``(i) the extent to which a State or local
government has achieved the essential
capabilities that apply to the government;
``(ii) the extent to which a State or local
government has not achieved the essential
capabilities that apply to the government; and
``(iii) the funding and other additional
resources required to fully achieve the
essential capabilities that apply to the
government.
``(2) Specific capabilities.--In carrying out the study,
the Task Force shall identify essential capabilities for
purposes of this subsection with respect to, among other
matters, the following:
``(A) Equipment.
``(B) Personnel.
``(C) Training.
``(D) Planning.
``(E) Exercises.
``(F) Intelligence.
``(G) Interoperable communications.
``(H) Emergency notification systems.
``(I) Detection and diagnostic technologies for
biological, nuclear, radiological, and chemical weapons
of mass destruction.
``(J) Any other category considered appropriate by
the Task Force as essential capabilities.
``(3) Flexibility.--The Task Force shall identify essential
capabilities for purposes of this subsection in terms
sufficiently flexible to be applied--
``(A) to the unique threats, vulnerabilities,
geography, size, and other individual factors
applicable to any State or local government; and
``(B) to a wide range of threats and
vulnerabilities, including with respect to--
``(i) biological threats;
``(ii) nuclear threats;
``(iii) radiological threats;
``(iv) incendiary threats;
``(v) chemical threats;
``(vi) explosives;
``(vii) suicide bombers;
``(viii) disruption or diversion of
critical infrastructure; and
``(ix) past acts of terrorism or known
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