TEXT: 4. Allows for civil actions by prosecutors or private citizens. A) Anyone who: (1) instructs or demonstrates to another person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder; or (2) transports or manufactures for transportation any firearm, or explosive or incendiary device, knowing or having reason to know or intending that the same will be unlawfully used in furtherance of a civil disorder; or (3) commits or attempts to commit any act to obstruct, impede, or interfere with any firefighter, law enforcement officer lawfully engaged in the lawful performance of his or her official duties incident to and during the commission of an civil disorder; is guilty of Terroristic Training, a Class imprisonment or $____ or both. Felony, punishable by up to years B) Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his or her official duties. C) The Attorney General, or any district attorney, or city attorney may also bring a civil action for injunctive and other appropriate relief in the name of the people of the State of___, to cease the prohibited activities set forth in this statute. D) Anyone injured by conduct prohibited in this statute may institute a civil action against the offending party(ies) for injunctive or other appropriate relief, including compensatory and punitive damages, as well as attorneys fees and costs. E) Definitions: (1) The term "firearm" means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon. (2) The term "explosive or incendiary device” means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incendiary bomb or grenade, fire bomb, or similar device, including any device with (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (ii) can be carried or thrown by one individual acting alone. (3) The term "firefighter" means any member of a fire department (including a volunteer fire department) of any State, any political subdivision of a State, or the District of Columbia. (4) The term "civil disorder” means a public disturbance involving acts of violence by an assemblage of three or more persons, which disturbance causes an immediate danger of, or results in, damage or injury to the property or person of any other individual within the United States. (5) The term "law enforcement officer" means any officer or employee of the United States, any State, any political subdivision of a State, or the District of Columbia, while engaged in the enforcement or prosecution of any of the criminal laws of the United States, a State, any political subdivision of a State, or the District of Columbia; and such term shall specifically include members of the National Guard (as defined in 10 U.S.C. 311), members of the organized militia of any State, or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included within the National Guard (as defined in 10 U.S.C. §101), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder. (6) The term "State" includes a State of the United States, and any commonwealth, territory, or possession of the United States. Senate Permanent Subcommittee en Investigations EXHIBIT # SUPPLEMENTAL QUESTIONS FOR THE RECORD Hearings Before The U.S. SENATE PERMANENT SUBCOMMITTEE ON INVESTIGATIONS GLOBAL PROLIFERATION OF WEAPONS OF MASS DESTRUCTION CLAY HOLLISTER Deputy Associate Director for Response & Recovery Formal guidance detailing the relationships between FEMA and other It is important to note that MIRAGE GOLD was a Federal Radiological Emergency Response Plan (FRERP) exercise sponsored by the Department of Energy (DOE). The exercise was focused on technical and tactical issues of primary concern to DoE, which invested $8 million in exercise design and implementation. As noted on page 5 of the FEMA After Action Report (AAR), the scenario for the exercise was developed to provide for: Tactical play for the FBI Hostage Response Team (HRT) and Special Weapons DoD tactical and technical (Explosive Ordnance Demolition (EOD))play; DoE technical play for the NEST and the Federal Radiological Monitoring FEMA play in conjunction with the FRMAC/NEST, State and local officials It was not a primary objective of MIRAGE GOLD to test the relationships between FEMA and the other key players in a nuclear terrorist incident. Of a reported 1,200 participants in the exercise, fewer than 20 were from FEMA. At the time of the planning for exercise MIRAGE GOLD, the guidance regarding FEMA's relationship to nuclear terrorism was contained in the FRERP, which described in general terms FEMA's role in delivering the non-radiological response to the consequences of the incident, in support of State and local governments. In the past few years, the United States has experienced several man-made emergencies (Los 32 Angeles civil disturbances in 1992, World Trade Center bombing in 1993, Cuban migration crisis in 1994, and the Alfred Murrah building bombing in 1995) which have caused the Administration to rethink the role that FEMA and the Federal Response Plan (FRP) should take in coordinating a multi-agency, multi-function response to emergencies other than natural disasters. Since exercise MIRAGE GOLD, FEMA has taken the following steps to define its role in terrorist incidents: 1. 2. 3. 4. 5. FEMA strengthened its coordination relationship with the FBI by FEMA assigned planning and operations personnel to participate in other terrorism exercises sponsored by other Federal agencies, in order to learn more about the requirements; FEMA assigned planning personnel to complete a series of interviews with key operations personnel in the Oklahoma City response, in order to learn lessons for planning for the relationships between FEMA and the FBI from operations personnel who experienced it first hand; FEMA developed and distributed a standard briefing package on FEMA's role in consequence management and in terrorism--as strengthened and clarified by Presidential Decision Directive 39 (PDD39)-for use by FEMA speakers in Washington and in all ten FEMA Regional Offices; FEMA began development and coordination of an Incident Annex to the Federal Response Plan for terrorism. A first draft was circulated in July 1995. An "interim" annex is scheduled to be delivered to the President on July 1, 1996. Incident Annexes link the Federal Response Plan to other Federal interagency plans for response to man-made emergencies. This Incident Annex will define a complex linkage among not only the FRP and the appropriate FBI plan, but also among the interagency plans for technical operations such as the FRERP, the Health and Medical Services Support Plan, and the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). Development of Incident Annexes involves the establishment of relative priorities and relative primacy between authorities, plans and procedures 6. that had previously been considered to be unrelated and independent. This process involves interpretation between the emergency management community and other communities such as law enforcement or radiological response. Each community uses different terminology and responds to different command and control structures. A series of drafts will be coordinated among agencies in order to produce a consensus draft Incident Annex. The consensus draft will then be evaluated in a series of tabletop seminars with Washington decision makers and in exercises with real-world operations personnel; and FEMA is leading an interagency effort in response to PDD-39 which is evaluating the ability of the Federal Response Plan to orchestrate all Federal resources (including the FRERP and NCP) in responding to the consequences of a terrorist attack using weapons of mass destruction. Consequences of FBI on-scene decision regarding organization of JOC. The response to a terrorist incident involves multiple, independent levels of government, involving representatives of law enforcement, radiological response and emergency management agencies at the Federal, State and local level. No single official possesses the situation information, knowledge and experience to interpret all of the information about a situation and anticipate all courses of action and evaluate the pros and cons of those options before making an informed decision. The FBI onscene commander who has been designated as "in charge," but is without key advisors from the other Federal agencies, is likely to make inappropriate decisions that will complicate, and otherwise impede through unacceptable time delays, a full and effective response. These critical time delays may result in loss of life, additional costs and duplication of effort. A Joint Operations Center should include a Unified Command Group with senior representatives of all key agencies working together in support of the OSC. The FBI has taken a number of actions to address this issue, and could more clearly and definitively comment on those actions. FBI decision not to include local law enforcement. |