Home > 106th Congressional Bills > H.R. 4210 (ih) 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. [Introduced in House] ...H.R. 4210 (ih) 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. [Introduced in House] ...
106th CONGRESS
2d Session
H. R. 4210
_______________________________________________________________________
AN ACT
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.
106th CONGRESS
2d Session
H. R. 4210
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives 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
Assistance 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 appropriate Federal, State, and local agencies for
development of a capability for early detection and warning of
and response to potential domestic terrorist attacks 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, landslide, mudslide, snowstorm, snow
drought, or drought), or, regardless of cause, any fire, flood,
explosion, act of terrorism, or other catastrophic event in any
part of the United States, which in the determination of the
President causes damage of sufficient severity and magnitude to
warrant major disaster assistance under this Act to supplement
the efforts and available resources of States, local
governments, 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 inserting
``President'';
(2) in section 603 by striking ``Director of the Federal
Emergency Management Agency'' and inserting ``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 review'' and
inserting ``responsibilities. The President shall
review'';
(4) in section 621(g) by striking the second sentence;
(5) in section 623--
(A) by striking paragraph (1) and redesignating
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 inserting ``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 catastrophe 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 redesignating 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 weapon or device that is intended,
or has the capability, to cause death or serious bodily injury
to a significant number of people through the release,
dissemination, 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 accordance
with section 313, the President shall ensure that Federal
response plans and programs are adequate to respond to the
consequences of terrorism directed against a target in the
United States, including terrorism involving weapons of mass
destruction.''.
(b) Emergency Preparedness Measures.--Section 611(e) (42 U.S.C.
5196(e)) is amended--
(1) in paragraph (1) by inserting ``preventing and'' before
``treating'';
(2) in paragraph (2) by striking ``developing shelter
designs'' and inserting ``development of shelter designs,
equipment, clothing,''; and
(3) in paragraph (3) by striking ``developing'' and all
that follows through ``thereof'' and inserting ``development
and standardization of equipment and facilities''.
(c) Training and Exercise Programs.--Section 611(f) (42 U.S.C.
5196(f)) is amended--
(1) in the subsection heading by inserting ``and Exercise''
after ``Training'';
(2) in paragraph (1)(A) by inserting ``and exercise'' after
``training'';
(3) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(4) by inserting after paragraph (1) the following:
``(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 repealed.
(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 subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Priorities.--Amounts appropriated pursuant to this section
for training and exercise programs for preparedness against terrorist
attacks shall be used in a manner 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 Terrorism 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 National 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 Chairman'). 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 paragraph (2) shall be appointed
by and with the advice and consent of the Senate, except that
Senate confirmation shall not be required if, on the date of
appointment, 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 priorities of
the Federal Government for enhancing the capabilities of State
and local emergency preparedness and response personnel in
early detection and warning of and response to all domestic
terrorist attacks, including attacks involving weapons of mass
destruction.
``(2) Publish a Domestic Terrorism Preparedness Plan and an
annual strategy for carrying out the plan in accordance with
section 653, including the end state of preparedness for
emergency responders 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 interagency boards
and committees, existing governmental entities, and non-
governmental organizations in the execution of its duties.
``(5) Ensure that a biennial review of the terrorist attack
preparedness programs of State and local governmental entities
is conducted and provide recommendations to the entities based
on the reviews.
``(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 Council's State
and local advisory group of voluntary guidelines for the
terrorist attack preparedness programs of State and local
governmental entities in accordance with section 655.
``(8) Designate a Federal entity to consult with, and serve
as a contact for, State and local governmental entities
implementing terrorist attack preparedness programs.
``(9) Coordinate and oversee the implementation by Federal
departments and agencies of the policies, objectives, and
priorities established under paragraph (1) and the fulfillment
of the responsibilities of such departments and agencies under
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