To enhance homeland security by encouraging the development of regional coordination plans for emergency and disaster preparedness, response, and recovery.

October 8, 2003

Mr. KINGSTON (for himself, Mr. SPRATT, Mr. LEWIS of Kentucky, Mr. HOUGHTON, Mr. WICKER, Mr. NORWOOD, Mr. ROGERS of Alabama, Mr. MICA, Ms. NORTON, Mr. BOUCHER, Mr. WILSON of South Carolina, Mr. BURNS, and Mr. ROSS) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and the Judiciary, 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

To enhance homeland security by encouraging the development of regional coordination plans for emergency and disaster preparedness, response, and recovery.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Regional Comprehensive Emergency Preparedness, Response, and Coordination Act of 2003'.

SEC. 2. FINDINGS; PURPOSE.

(a) FINDINGS- Congress finds the following:

(1) Responders to the terrorist attacks at the World Trade Center, the Pentagon, and the tragedy in Pennsylvania on September 11, 2001, from numerous jurisdictions assisted the fire and rescue, law enforcement, and health workers responsible for responding within their jurisdictions.

(2) Even in the largest municipalities, first responders need the support of officials and personnel from their own and neighboring jurisdictions, as well as support from numerous regional, State, Federal, and private sector entities.

(3) The sheer number of agencies taking part in any emergency response demands coordination, mutual support, and effective communication. Regional planning and coordination of response efforts are essential to ensure threat-based, multi-jurisdictional, and interoperable assessments and plans.

(4) There does not exist a consistent national standard for allocation of homeland security grant money. Threat based vulnerability assessments and plans will provide a consistent national standard based on need.

(5) Regional councils of governments, regional planning commissions, regional planning organizations, and development districts have the accountability and experience necessary to develop and coordinate comprehensive regional plans that encompass the needs of the Federal, State, and local governments, the private sector, and all other parties with a stake in providing for the security of their communities. Regional councils of government can ensure the development of a coordinated emergency recovery plan involving Federal, State, and local governments and the private sector.

(6) Coordinated, area-wide training, equipment acquisition, and recovery planning is essential for effective regional preparedness and mitigation.

(b) PURPOSE- The purpose of this Act is to encourage and facilitate the development and implementation of regional emergency and disaster preparedness, response, and recovery coordination plans among Federal, State, and local governments and the private sector within the region and to facilitate preparedness and mitigation efforts.

SEC. 3. DEFINITIONS.

In this Act, the following definitions apply:

(1) REGION- The term `region' means a designated multijurisdictional planning area or a sub-State district with boundaries established by interstate compact, State law, or through mutual agreement of local governments.

(2) REGIONAL COUNCIL- The term `regional council' means a multipurpose association of local governments in a planning region, including councils of governments, regional planning commissions, regional planning organizations, and area development districts.

(3) LOCAL GOVERNMENT- The term `local government' means any county, city, town, or other municipality within the United States.

(4) STATE- The term `State' means any of the 50 States, the District of Columbia, or any territory of the United States.

(5) STAKEHOLDER- The term `stakeholder' means representatives of Federal, State, local, private, and nonprofit entities, including--

(A) the Secretary of Homeland Security;

(B) State and local elected officials;

(C) representatives of Federal, State, and local emergency management agencies;

(D) local fire and rescue personnel;

(E) Federal, State, and local law enforcement personnel;

(F) public and private health professionals, including representatives of the Centers for Disease Control and Prevention and the National Institutes of Health;

(G) public and private school representatives;

(H) college and university representatives;

(I) representatives of the business community;

(J) port and airport officials;

(K) utilities officials;

(L) representatives of State departments of transportation;

(M) representatives of local chapters of the American Red Cross;

(N) representatives of volunteer organizations concerned with emergency response or disaster recovery; and

(O) representatives of other entities identified by the stakeholders.

(6) REGIONAL PLAN- The term `regional plan' means a regional emergency and disaster preparedness, response, and recovery coordination plan developed under this Act.

SEC. 4. DEVELOPMENT OF REGIONAL PLANS.

(a) COORDINATION OF DEVELOPMENT-

(1) IN GENERAL- Each regional council shall convene all local governments and Federal, State, and private sector stakeholders within its region to coordinate the development of a regional plan in accordance with this section.

(2) STATES WITHOUT REGIONAL COUNCILS- In States that do not have regional councils, the Governor should work with local officials to organize a regional approach involving local elected officials and establish a homeland defense regional planning advisory committee that consists of stakeholders, including representatives of Federal, State, local, private, and nonprofit entities, as defined in section 3.

(3) STATES WITH AREAS NOT COVERED BY A REGIONAL COUNCIL- In States with areas that are not covered by a regional council, the Governor may assign such areas to a regional council.

(b) ELEMENTS OF THE REGIONAL PLAN- Each regional plan shall include, at a minimum, the following:

(1) DISASTER ASSESSMENT- An assessment of natural disasters, human-induced disasters, and potential terrorist activities or targets that could disrupt essential services or mobility, adversely affect public health or safety, or adversely affect infrastructure within the region.

(2) RESPONSE EQUIPMENT AND PERSONNEL ASSESSMENT- An assessment of available equipment and personnel to respond to a disaster.

(3) EQUIPMENT NEEDS ASSESSMENT- An assessment of equipment needs based on disaster potential, both natural and manmade.

(4) COMMUNICATIONS SYSTEM- A plan for the development of a regional communication system among stakeholders.

(5) SECURE INFORMATION REPOSITORY- A plan for the development of a secure information repository that includes information needed to coordinate stakeholder responsibilities within the region.

(6) EMERGENCY COORDINATION INFORMATION- Information on the following:

(A) RESPONSE RESOURCES-

(i) Locations, contacts, capabilities, and capacities of emergency medical facilities.

(ii) Locations, contacts, and equipment listings for fire, police, and emergency medical technician services.

(iii) Locations of, and 24-hour contacts for, appropriate medical facilities and personnel and other potential first responders.

(iv) Locations and contacts for area stakeholders involved in the operation and maintenance of essential services within the region.

(v) Locations and contacts for area key military personnel and facilities.

(vi) Locations and contacts for other response resources as identified by regional stakeholders.

(B) SUPPORT FACILITIES-

(i) Locations, capabilities, and capacities of existing shelters.

(ii) Locations of, and available facilities at, schools, colleges, universities, churches, and other public buildings.

(iii) Locations of major water and food supplies.

(iv) Other support facilities as identified by regional stakeholders.

(C) INFRASTRUCTURE-

(i) Locations of water treatment and storage facilities and distribution mains.

(ii) Locations of utilities lines, pipelines, and generating facilities.

(iii) Locations of sewer mains and treatment plants.

(iv) Locations of voice, data, video, microwave, and satellite uplink communication facilities.

(v) Locations of radio and television studios and transmission sites.

(vi) Locations and capacities of shortwave radio facilities and volunteers.

(vii) Locations of major bridges and dams.

(viii) Locations of major educational facilities.

(ix) Other infrastructure facilities as identified by regional stakeholders.

(D) TRANSPORTATION FACILITIES-

(i) Locations and capacities of major transportation facilities, lines, and terminals, including ports and airports.

(ii) Locations and capacities of local and regional transportation routes.

(iii) Other transportation facilities as identified by regional stakeholders.

(E) AT-RISK POPULATIONS-

(i) Locations of large population concentrations and the times of those concentrations.

(ii) Schedules of major public events and capacities of venues.

(iii) Population statistics, including block level population data.

(iv) School enrollment numbers.

(v) Locations of elderly, infirm, and disabled persons who need special assistance.

(vi) Other at-risk populations as identified by regional stakeholders.

(F) POTENTIAL TARGETS-

(i) Locations of major concentrations of hazardous and biohazard chemicals.

(ii) Locations of fuel depots and dispensing facilities that meet certain Environmental Protection Agency thresholds.

(iii) Locations of major concentrations of munitions and explosives.

(iv) Locations of other potential targets, such as nuclear power plants, in the region.

(v) Other potential targets as identified by regional stakeholders.

(G) DEBRIS DISPOSAL-

(i) Identification of locations for debris disposal.

(ii) Identification of potential health hazards to personnel involved in debris disposal.

(iii) Other debris disposal as identified by regional stakeholders.

(c) PLANNING ACTIVITIES- Planning activities pursuant to this section shall include--

(1) analyzing and documenting the possibility of a disaster and the potential consequences or impacts of a disaster upon life, property, and the environment; and

(2) planning for utilization of geographic information systems to assess hazards and evaluate the consequences of potential emergencies or disasters.

(d) APPROVAL OF REGIONAL PLAN- The initial phase of a regional plan, including planning components and an assessment of potential hazards and equipment needs, shall be approved by the region council's governing body, and the appropriate Governor or Governors, not later than the date that is 18 months after the regional council has received an initial apportionment under this Act.

(e) UPDATE OF REGIONAL PLAN- A regional council shall review and update its regional plan at least annually based on revised threat assessments, trainings, and drills.

(f) SECURITY OF MAPPING AND INFRASTRUCTURE INFORMATION CONTAINED WITHIN REGIONAL PLAN-

(1) IN GENERAL- For security purposes, the information contained in the regional plan required under subsection (b)(5) shall be available only to those public and private officials and agencies that have responsibility under the plan.

(2) SECURITY TECHNOLOGY- A regional council shall utilize appropriate computer and software technology for securing the key resources and critical infrastructure that may be outlined within the regional plan.

(3) PROTECTION OF KEY RESOURCES AND CRITICAL INFRASTRUCTURE- A regional plan shall outline the appropriate measures to protect the key resources and critical infrastructure within its region in coordination with other agencies and representatives from within the region, including Federal, State, and local government personnel, agencies, authorities, and the private sector.

(4) CONTINUED REVIEW AND ANALYSIS- A regional council shall continue to review and analyze and make recommendations for improvements in the policies and procedures governing the security of information contained in its regional plan and sharing the information with law enforcement, intelligence, emergency management, and other entities related to homeland security within the Federal Government and between such representatives within the region, including Federal, State, and local government personnel agencies, authorities, and the private sector.

SEC. 5. FUNDING.

(a) APPORTIONMENTS TO STATES-

(1) IN GENERAL- To assist States in overseeing and coordinating the development of regional plans under this Act, the Secretary of Homeland Security shall apportion to each State for each of fiscal years 2005, 2006, and 2007 $0.05 for each person residing in the State and shall apportion to each State for each of fiscal years 2008 and 2009 such sums as may be necessary.

(2) MAXIMUM AND MINIMUM AMOUNT- Notwithstanding paragraph (1), a State shall not receive more than $1,000,000 nor less than $50,000 of the amounts apportioned under this subsection in a fiscal year.

(b) APPORTIONMENTS TO REGIONAL COUNCILS-

(1) IN GENERAL- To assist regional councils in meeting the requirements of this Act, the Secretary shall apportion to each regional council identified by the Secretary for each of fiscal years 2005, 2006, and 2007 $1.00 for each person residing in the area represented by the regional council and shall apportion to each regional council for each of fiscal years 2008 and 2009 such sums as may be necessary to update regional plans and maintain and update necessary data.

(2) ENHANCED FUNDING- The Secretary may provide an additional apportionment to a regional council of not more than $0.25 for each person residing in the area represented by the regional council based on critical infrastructure and facilities located in that area, including nuclear power plants, military and other large Federal installations, dams, ports, and areas prone to natural disasters (including coastal areas).

(3) MAXIMUM AND MINIMUM AMOUNT- Notwithstanding paragraphs (1) and (2), a regional council shall not receive more than $1,000,000 nor less than $50,000 of the amounts apportioned under this subsection in a fiscal year.

(4) STATES WITHOUT REGIONAL COUNCILS- Before apportioning amounts under this section for a fiscal year, the Secretary may set aside a portion of the amounts for providing assistance to States described in section 4(a)(2).

(c) NONCOMPLIANCE-

(1) EFFECT ON FUNDING- The Secretary may withhold, reduce, or deny an apportionment under this section to a State or region council if the Secretary determines, in writing, that the State or regional council has not complied, or provided adequate assurances that it will comply, with the requirements of this Act.

(2) NONCOMPLIANCE BY REGIONAL COUNCILS- In the case of noncompliance by a regional council in a State, the Governor of the State, after providing the regional council with an opportunity to take necessary actions to comply with the requirements of this Act and determining, in writing, that the regional council has not taken such actions, may assume the responsibility for organizing a regional approach for the area represented by the regional council in accordance with section 4(a)(2).

(d) AUTHORIZATION OF APPROPRIATIONS-

(1) IN GENERAL- There are authorized to be appropriated for fiscal years 2005 through 2009 such sums as may be necessary to carry out this section.

(2) LIMITATION- Apportionments required by this section shall be subject to the availability of appropriations. If amounts appropriated to carry out this section in a fiscal year are insufficient to make the apportionments required by this section, the Secretary shall proportionally reduce the amounts to be so apportioned.

END