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] ...


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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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