most critical actions clearly have to do with the technical response to the nuclear, biological, or chemical material -- meaning those actions to identify the hazardous material; assess the threat posed by the hazardous material; provide consultation to decision makers concerning the implications of the hazardous material for crisis management and consequence management; render safe, transfer, and/or dispose of an NBC agent or weapon; and decontaminate response workers and the affected population and environment.

21. Just recently, my staff received a letter from a senior Federal official who has spent most of his professional career involved in counter-terrorism and govemment preparedness. He asked that we not identify him but he wanted us to use his letter if it was useful. Let me read to you from it and get your reaction:

"The points I would like to stress are: "In the first few hours after a terrorist incident, the Feds can do very little because they are typically not first responders and not close to the incident scene. "Continuing to build a strong, well trained state and local infrastructure is key. "More training for the locals, starting in cities with higher probabilities, is important. "Money for Federal Agencies to pre-deploy assets to local area when an actual event has not yet occurred, such as Atlanta for the Olympics, is problematic. "Money to “cleanup" after a terrorist incident is also a problem for some agencies unless a Presidential declaration is received and mission assignments under the Stafford Act are issued."

From FEMA's perspective these are valid points. The first responders are the local governments. A major objective of FEMA's all hazard training and assistance is to create a strong, well trained State and local infrastructure. The State and local response to the Oklahoma City bombing illustrates the effectiveness of this assistance. However, terrorism presents some unique challenges. FEMA is currently working with State and local officials, including those from major metropolitan areas to determine exactly what their needs are. In the interim, and with the help of funding provided by the Congress in fiscal year 1995, FEMA's training division has:

1.

added a terrorism scenario to three of its Integrated Emergency
Management courses;

2.

added an offering of Mass Fatalities Train-the-Trainer course;

3.

4.

offered to provide any or all courses developed in conjunction with the Chemical Stockpile Emergency Preparedness Program (CSEPP) to the 46 non-CSEPP states and territories;

provided $1,400,000 to the States and territories to use in training State and local officials in managing the consequences of a terrorism act;

5.

6.

7.

8.

initiated development of a course on how to manage a disaster at a
crime scene and how to conduct a criminal investigation at a disaster
site;

conducted specialized integrated emergency management courses
(IEMC) for both Atlanta/Fulton County and the State of Georgia in
anticipation of either natural or manmade disasters occurring in
conjunction with the Olympic games this summer,

sponsored the first worldwide conference on strengthening the fire and
emergency response to terrorism, in partnership with the International
Association of Fire Chiefs; and,

offered free of charge the Community Emergency Response Teams
course, which teaches civilians basic rescue skills, to the General
Services Administration for use with federal employees in federal
buildings.

Clearly more training is required. Given our current resource base, the Agency is doing as much as is possible.

With respect to the Federal government, Federal agencies are now planning to position assets to prepare adequately for a potential terrorist event during the Olympics in Atlanta, using their own authorities. FEMA generally does not look to the Disaster Relief Fund to support those activities particularly where there exists other authorities and funding to perform those functions. With respect to the funding of "clean-up" operations, again FEMA looks first to other agencies' authorities to perform work in the aftermath of a disaster. If a Presidential Disaster or Emergency Declaration has been made, FEMA can task agencies to perform response and recovery activities with or without reimbursement.

Regarding the questions surrounding funding, FEMA is accountable to the President and the Congress to ensure that the Disaster Relief Fund is spent in accordance with the law and regulation. Since 1992, an average of $1.5 billion per year has been administered from the disaster relief fund for disaster response and recovery efforts by FEMA.

22.

What is FEMA doing to implement the "all-hazards" emergency preparedness responsibilities assigned to its Director by Title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as enacted by section 3411(a) of P.L. 103-337 (108 Stat. 3100)?

Under this authority, and in support of the nation's emergency management system, FEMA disbursed $105 million in State and local government assistance grants in fiscal year 1996. Additionally, FEMA provides planning and technical assistance for comprehensive emergency preparedness activities nationwide. FEMA is also reviewing E.O. 12148 to ensure that delegations to the FEMA Director under this authority properly reflect the repeal of the Federal Civil Defense Act and new authorities under Title VI of the Stafford Act. In addition, FEMA has recommended changes to amend E.O. 12919 that would ensure that the relevant resource management authorities of the Defense Production Act are available to meet its "all hazards" emergency functions under Title VI.

FEMA's approach to emergency preparedness has been "all hazards" in nature for many years, particularly as it relates to supporting and building State and local emergency management capabilities. We do not anticipate that this legislation will require any significant adjustments.

23.

Has the Director of FEMA delegated with the President's approval any emergency preparedness responsibilities under Title VI of the Stafford Act to the head of any other department or agency as authorized by section 611(c) thereunder?

The Director of FEMA has had no occasion to delegate emergency preparedness responsibilities to the heads of other departments or agencies under the authority of § 611(c).

24. What is FEMA doing to implement or respond to any requests for the use of authorities under the Defense Production Act of 1950, as amended, for purposes of Title VI of the Stafford Act, as authorized by section 3411(b) of P.L 103-337 (108 Stat. 3110)?

FEMA has received no formal requests to use DPA authorities for Title VI purposes. In the course of our review of FEMA's authorities and responsibilities under E.O. 12919, we have ongoing discussions with other participating Federal departments and agencies, including the National Security Council, the Department of Defense, the Department of Energy, the Department of Commerce, and the Department of Justice, on the limits of our authority in applying the DPA to civilian emergency preparedness needs. We expect to reach common understandings and accords with the other Federal

departments and agencies on the use of the DPA authorities. Meanwhile, we have received no formal requests for the use of the DPA authorities for emergency preparedness purposes under Title VI of the Stafford Act.

25. To what extent is FEMA using the Stafford Act and Defense Production Act authorities to improve the response capabilities of state and local govemments to WMD terrorist incidents?

FEMA disbursed $105 million in State and local government assistance grants in fiscal year 1996 to implement its "all hazards" emergency preparedness responsibilities under Title VI of the Stafford Act. While the Defense Production Act may be used for a range of preparedness, response, recovery, and mitigation activities, FEMA has had no occasion to use the DPA authorities to improve State and local governments' response capabilities to WMD terrorist incidents. Since the Stafford Act was amended to authorize use of the DPA for emergency preparedness purposes, neither FEMA nor any State or local government has requested use of the priorities and allocations authority of Title I of the DPA to enhance response or other emergency preparedness capabilities.

As noted in our response to Question 24, we are working with other agencies on the limits and criteria for use of the DPA authority for civilian emergency preparedness needs.

26.

What is the source and amount of current and proposed FY 97 funding for any of FEMA's activities under Title VI of the Stafford Act?

The source and amount of current and proposed FY 97 funding for activities under
Title VI of the Stafford Act is found generally under FEMA's Emergency
Management Planning and Assistance and Salaries and Expenses appropriations.
These Title VI programs now operate under permanent authorizing legislation, and are
no longer tracked separately within the Agency budget.

27.

Which FEMA directorate(s) is/are responsible for the "technical assistance and guidance" activities identified on pages 14-17 of G. Clay Hollister's prepared statement of March 27, 1996?

The technical assistance and guidance noted in the statement are primarily the responsibility of the Preparedness, Training and Exercise Directorate, led by Associate Director Kay Goss. However, they are also supported by and coordinated with other FEMA elements, specifically the United States Fire Administration and the Response and Recovery Directorate.