I

103D CONGRESS

1ST SESSION H. R. 3295

To improve the ability of the Federal Government to prepare for and respond

to major disasters, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 15, 1993

Mr. BORSKI introduced the following bill; which was referred jointly to the

Committees on Public Works and Transportation, Banking, Finance and

Urban Affairs, and Armed Services

A BILL

To improve the ability of the Federal Government to prepare

for and respond to major disasters, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Disaster Response and Recovery Act of 1993’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Declaration of purpose.

Sec. 3. Definitions.

Sec. 4. Presidential response plan; Federal grants.

Sec. 5. Damage and needs assessment.

Sec. 6. Standards and reviews.

Sec. 7. Disaster resource inventory.

Sec. 8. Repeal of obsolete sliding scale limitation.
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Sec. 9. Predeclaration authority.

Sec. 10. Essential assistance.

Sec. 11. Individual and family grant programs.

Sec. 12. Catastrophic disasters.

Sec. 13. Disaster loans.

Sec. 14. Procedure for declaration of emergency.

Sec. 15. Reorganization.

Sec. 16. Revision of the Federal Civil Defense Act of 1950.

1 SEC. 2. DECLARATION OF PURPOSE.

2 The purpose of this Act is to—

3 (1) improve the Federal Government’s and

4 State and local governments’ preparedness for, re5 sponse to, and recovery from emergencies, disasters,

6 and terrorist attacks;

7 (2) combine Federal disaster preparedness, re8 sponse, and recovery authorities and activities with

9 Federal civil defense authorities and activities; and

10 (3) redirect the mission of the Federal Emer11 gency Management Agency (hereinafter in this Act

12 referred to as ‘‘FEMA’’) to preparedness, response,

13 recovery, and mitigation with respect to all disasters,

14 whether natural or man-made.

15 SEC. 3. DEFINITIONS.

16 Section 102 of The Robert T. Stafford Disaster Re17 lief and Emergency Assistance Act (42 U.S.C. 5122) is

18 amended—

19 (1) by striking paragraph (2) and inserting the

20 following:
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1 ‘‘(2) MAJOR DISASTER.—‘Major disaster’ means

2 any event of natural, human, or other origin in the

3 United States that the President determines is caus4 ing damage of sufficient severity and magnitude to

5 warrant major disaster assistance under this Act to

6 supplement the efforts and available resources of

7 State and local governments and disaster relief orga8 nizations in alleviating the damage, loss, hardship,

9 and suffering caused by the event.’’;

10 (2) by redesignating paragraphs (3) through

11 (9) as paragraphs (6) through (12), respectively;

12 and

13 (3) by inserting after paragraph (2) the follow14 ing new paragraphs:

15 ‘‘(3) CATASTROPHIC DISASTER.—The term ‘cat16 astrophic disaster’ means a major disaster that the

17 President determines is overwhelming the ability of

18 State, local, and volunteer agencies to respond to the

19 disaster and provide victims of the disaster with

20 services necessary to sustain life.

21 ‘‘(4) FEMA.—The term ‘FEMA’ means the

22 Federal Emergency Management Agency.

23 ‘‘(5) DIRECTOR.—The term ‘Director’ means

24 the Director of FEMA.’’.
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1 SEC. 4. PRESIDENTIAL RESPONSE PLAN; FEDERAL GRANTS.

2 (a) IN GENERAL.—Section 201 of The Robert T.

3 Stafford Disaster Relief and Emergency Assistance Act

4 (42 U.S.C. 5131) is amended—

5 (1) by striking subsection (c);

6 (2) by redesignating subsections (b) and (d) as

7 subsections (i) and (j), respectively;

8 (3) in subsection (j), as so redesignated, by in9 serting ‘in fiscal years ending before October 1,

10 1994,’’ after ‘‘make grants’’; and

11 (4) by inserting after subsection (a) the follow12 ing new subsections:

13 ‘‘(b) PRESIDENTIAL RESPONSE PLAN.—

14 ‘‘(1) ESTABLISHMENT.—Not later than 1 year

15 after the date of the enactment of the Disaster Re16 sponse and Recovery Act of 1993, the Director, in

17 consultation with appropriate Federal and non-Fed18 eral agencies, shall develop a plan (hereinafter in

19 this Act referred to as the ‘‘Presidential Response

20 Plan’’) to provide Federal assistance, when re21 quested, to States affected by a major disaster, cata22 strophic disaster, or emergency.

23 ‘‘(2) OPERATIONAL PLANS.—

24 ‘‘(A) IN GENERAL.—Not later than 1 year

25 after the date of the enactment of the Disaster

26 Response and Recovery Act of 1993, the Direc-
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1 tor shall prepare, in cooperation with the Fed2 eral agencies designated under the Presidential

3 Response Plan, operational plans as part of the

4 Presidential Response Plan that shall include,

5 at a minimum, the following:

6 ‘‘(i) A description of the chains of

7 command for responding to major disas8 ters, catastrophic disasters, and emer9 gencies.

10 ‘‘(ii) A description of the specific du11 ties of all Federal agencies involved in such

12 response actions.

13 ‘‘(iii) A description of the relationship

14 between, and the respective duties of, Fed15 eral, State, and local governments, private

16 relief agencies, and fire services involved in

17 such response actions.

18 ‘‘(B) OTHER REQUIREMENTS.—The oper19 ational plans under this paragraph shall—

20 ‘‘(i) be prepared on a regional basis;

21 ‘‘(ii) be based on a comprehensive risk

22 assessment of the United States which the

23 Director shall carry out to assess the prob24 ability, frequency, and severity of major
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1 disasters, catastrophic disasters, and emer2 gencies occurring within each region;

3 ‘‘(iii) provide for coordination of the

4 emergency operations plans of State and

5 local governments in the region with the

6 operational plan prepared for the region

7 under this paragraph and with each other;

8 and

9 ‘‘(iv) facilitate and enhance the devel10 opment of mutual aid agreements among

11 State and local government agencies.

12 ‘‘(c) FEDERAL DISASTER PREPAREDNESS

13 GRANTS.—

14 ‘‘(1) IN GENERAL.—

15 ‘‘(A) ESTABLISHMENT.—The Director

16 shall establish a grant program to assist States

17 in fiscal years beginning after September 30,

18 1994, to prepare for major disasters, cata19 strophic disasters, and emergencies, including

20 conducting disaster and emergency training ex21 ercises in accordance with the Presidential Re22 sponse Plan.

23 ‘‘(B) ALLOCATION OF FUNDS.—The Direc24 tor shall allocate 50 percent of the funds appro25 priated to carry out this subsection for a fiscal
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1 year among the States in the ratio that the

2 population in each State bears to the total pop3 ulation of all of the States; except that no State

shall be allocated less than 1 4 ⁄2 of 1 percent of

5 such funds.

6 ‘‘(C) DISCRETIONARY GRANTS.—The Di7 rector shall use the remaining 50 percent of the

8 funds appropriated to carry out this subsection

9 to make discretionary grants to the States. In

10 selecting the States to receive such grants, the

11 Director shall consider—

12 ‘‘(i) the potential risk that a major

13 disaster, catastrophic disaster, or emer14 gency will occur in the State; and

15 ‘‘(ii) the potential amount and degree

16 of damage that could occur in the State as

17 the result of a major disaster, catastrophic

18 disaster, or emergency; and compliance of

19 the State with the performance standards

20 developed by the Director under section

21 313.

22 ‘‘(2) STATE DISASTER PREPAREDNESS PLAN.—

23 The Director may only make a discretionary grant

24 to a State under this subsection if the State has a

25 disaster preparedness plan and is meeting or making
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1 reasonable progress toward meeting the performance

2 standards issued under section 313.

3 ‘‘(3) FEDERAL SHARE.—The Federal share of a

4 grant under this subsection for preparing for major

5 disasters, catastrophic disasters, and emergencies

6 shall not exceed 50 percent of the cost of such prep7 aration.

8 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

9 There is authorized to be appropriated to carry out

10 this subsection $100,000,000 for each of fiscal years

11 1995 through 1998.

12 ‘‘(d) HAZARD MITIGATION GRANTS.—

13 ‘‘(1) ESTABLISHMENT.—The Director shall es14 tablish a grant program to assist States in fiscal

15 years beginning after September 30, 1994, to mini16 mize damages likely to occur from major disasters,

17 catastrophic disasters, and emergencies.

18 ‘‘(2) SELECTION LIMITATION.—The Director

19 may only make a grant under this subsection to a

20 State if the Director determines that the activities to

21 be carried out with such grant will be cost effective

22 and substantially reduce the risk of future damage,

23 hardship, loss, or suffering in any area affected by

24 a major disaster, catastrophic disaster, or emer25 gency.
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1 ‘‘(3) FEDERAL SHARE.—The Federal share of a

2 grant made under this subsection to assist a State

3 in minimizing damages described in paragraph (1)

4 shall not exceed 75 percent of the cost of the activi5 ties to be carried out with such assistance.

6 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

7 There is authorized to be appropriated to carry out

8 this subsection $100,000,000 for each of fiscal years

9 1995 through 1998.

10 ‘‘(e) ROLE OF NATIONAL GUARD.—

11 ‘‘(1) REVIEW.—The Secretary of Defense, in

12 cooperation with the Director and in consultation

13 with the States, shall direct the Chief of the Na14 tional Guard Bureau—

15 ‘‘(A) to review the role of the National

16 Guard in responding to major disasters, cata17 strophic disasters, and emergencies for the pur18 pose of making recommendations to the Presi19 dent to address—

20 ‘‘(i) how the National Guard could

21 better prepare for and respond to major

22 disasters, catastrophic disasters, and emer23 gencies;

24 ‘‘(ii) how the structure of the National

25 Guard could be adjusted to provide Gov-
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1 ernors with improved immediate access to

2 critical assets during an emergency;

3 ‘‘(iii) how the National Guard should

4 be integrated into the Presidential Re5 sponse Plan and into regional operational

6 plans; and

7 ‘‘(iv) how the National Guard should

8 coordinate with disaster medical assistance

9 teams of the Department of Health and

10 Human Services in preparing for and re11 sponding to major disasters, catastrophic

12 disasters, and emergencies.

13 ‘‘(B) to develop an interstate compact that,

14 if adopted by the States, would facilitate the

15 mutual use of National Guard assets across

16 State borders during major disasters, cata17 strophic disasters, and emergencies.

18 ‘‘(2) REPORT.—Not later than 1 year after the

19 date of the enactment of this paragraph, the Sec20 retary of Defense shall transmit to the President

21 and Congress a report on the results of the review

22 conducted under paragraph (1) and a copy of the

23 proposed interstate compact developed under para24 graph (1).
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1 ‘‘(3) INTERSTATE MUTUAL ASSISTANCE COM2 PACTS.—The Director, in consultation with the

3 Chief of the National Guard Bureau, shall take ac4 tion to encourage the States to enter into interstate

5 compacts for the mutual use of National Guard as6 sets across State borders during major disasters,

7 catastrophic disasters, and emergencies.

8 ‘‘(4) RESPONSE TO DISASTERS AND REIM9 BURSEMENT FOR AUTHORIZED ACTIVITIES.—

10 ‘‘(A) REIMBURSEMENT.—To assure more

11 effective and rapid responses by National Guard

12 units to major disasters, catastrophic disasters,

13 and emergencies, the Director is authorized to

14 reimburse a State or States for all or any part

15 of expenses incurred as a result of the use of

16 the National Guard at the onset of any event

17 for which, in the judgment of the Governor of

18 the affected State, it is probable that the event

19 will result in a declaration of a major disaster,

20 catastrophic disaster, or emergency under this

21 Act.

22 ‘‘(B) SOURCE OF FUNDS.—Funds available

23 for disbursement to the States under this para24 graph shall come from the funds appropriated

25 to the disaster relief fund.
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1 ‘‘(C) CONSISTENCY WITH ACT.—In any

2 case in which an event results in a declaration

3 of a major disaster, catastrophic disaster, or

4 emergency under this Act, the Director shall

5 ensure that all reimbursements under this para6 graph are in accordance with this Act, including

7 the Federal share determined for the disaster

8 or emergency.

9 ‘‘(5) TRAINING AND COORDINATION WITH

10 STATE ENTITIES.—

11 ‘‘(A) MINIMUM TRAINING.—The Governor

12 of a State receiving a discretionary grant under

13 subsection (c) of this section in a fiscal year

14 shall require the National Guard units in the

15 State to participate in such fiscal year with

16 other appropriate State and local entities in an17 nual training and other exercises designed to

18 enhance the readiness of the National Guard

19 and such other entities to respond to major dis20 asters, catastrophic disasters, and emergencies.

21 ‘‘(B) MINIMUM STANDARDS.—The Direc22 tor and the Chief of the National Guard Bu23 reau shall establish minimum standards for

24 training and other exercises in which National
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1 Guard units are to participate under this para2 graph.

3 ‘‘(f) ROLE OF FIRE SERVICES.—The Director, in

4 consultation with national, regional, and State fire service

5 organizations, shall review the role of fire services in re6 sponding to major disasters, catastrophic disasters, and

7 emergencies for the purpose of determining—

8 ‘‘(1) how fire services can better prepare for

9 and respond to major disasters, catastrophic disas10 ters, and emergencies; and

11 ‘‘(2) how fire services should be integrated into

12 the Presidential Response Plan, State disaster pre13 paredness plans, and Federal regional operational

14 plans.

15 ‘‘(g) VOLUNTEERS.—Not later than 1 year after the

16 date of the enactment of this subsection, the Director

17 shall—

18 ‘‘(1) establish a system that is coordinated with

19 systems of private relief agencies to manage and uti20 lize spontaneous disaster volunteers to carry out pri21 ority disaster and emergency response services; and

22 ‘‘(2) report to Congress and the States on the

23 system.
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1 ‘‘(h) DONATED GOODS.—Not later than 1 year after

2 the date of the enactment of this subsection, the Director

3 shall—

4 ‘‘(1) establish a system for the management of

5 goods donated to the Federal Government to support

6 victims of disasters and emergencies; and

7 ‘‘(2) report to Congress on the system so estab8 lished.’’.

9 (b) REPEAL OF FORMER GRANT PROVISION.—Effec10 tive October 1, 1994, subsection (j) of section 201 of such

11 Act, as redesignated by subsection (a), is repealed.

12 (c) CONFORMING AMENDMENTS.—

13 (1) SECTION 404 RTSDREA.—Section 404 of

14 The Robert T. Stafford Disaster Relief and Emer15 gency Assistance Act (42 U.S.C. 5170c) is repealed.

16 (2) SECTION 5 OF EHRA.—Section 5(b)(2)(A)

17 of the Earthquake Hazards Reduction Act of 1977

18 (42 U.S.C. 7704(b)(2)(A)) is amended—

19 (A) by striking clause (iv); and

20 (B) by redesignating clauses (v) and (vi)

21 as clauses (iv) and (v), respectively.

22 SEC. 5. DAMAGE AND NEEDS ASSESSMENT.

23 Section 303 of The Robert T. Stafford Disaster Re24 lief and Emergency Assistance Act (42 U.S.C. 5144) is

25 amended to read as follows:
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1 ‘‘SEC. 303. DISASTER SUPPORT TEAMS.

2 ‘‘(a) IN GENERAL.—Not later than 6 months after

3 the date of the enactment of this subsection, the Director

4 shall establish disaster support teams to be deployed to

5 an area where a major disaster, catastrophic disaster, or

6 emergency is likely to be declared or has been declared

7 and to assist the Federal coordinating officer in carrying

8 out his or her responsibilities under this Act.

9 ‘‘(b) COMPOSITION.—The Director shall designate

10 experts and officials from appropriate Federal agencies

11 (including FEMA and the Department of Defense), State

12 and local governments, fire services, and private relief

13 agencies to serve on the disaster support teams.

14 ‘‘(c) DETAIL OF GOVERNMENT EMPLOYEES.—Upon

15 the request of the Director, the head of any Federal agen16 cy shall detail to temporary duty with a disaster support

17 team, on a nonreimbursable basis, such personnel within

18 the administrative jurisdiction of the head of the Federal

19 agency as the Director may need or believe to be useful

20 for carrying out the functions of the support team. Each

21 such detail shall be without loss of seniority, pay, or other

22 employee status.

23 ‘‘(d) DAMAGE AND NEEDS ASSESSMENT.—

24 ‘‘(1) IN GENERAL.—After the onset of a poten25 tial or actual major disaster or catastrophic disaster

26 and, in any case in which the President declares a
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1 major disaster or catastrophic disaster, not later

2 than 3 hours after the time of such declaration, the

3 Director shall deploy a disaster support team estab4 lished under subsection (a) to evaluate the extent of

5 the damage and the resulting needs for disaster re6 lief assistance.

7 ‘‘(2) RECOMMENDATIONS.—As soon as possible

8 after deployment, a disaster support team shall

9 make recommendations to the Director, the Presi10 dent, and the Governors of the affected States re11 garding the damage and the resources needed to

12 provide disaster relief to the affected areas.

13 ‘‘(3) COORDINATION WITH STATE AND LOCAL

14 OFFICIALS.—To the extent possible, the damage and

15 needs assessments under this subsection shall be

16 conducted in coordination with State and local offi17 cials of the affected area.’’.

18 SEC. 6. STANDARDS AND REVIEWS.

19 Section 313 of The Robert T. Stafford Disaster Re20 lief and Emergency Assistance Act (42 U.S.C. 5154) is

21 amended—

22 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

23 ‘‘The’’ the first place it appears;

24 (2) by inserting before the period at the end of

25 the first sentence the following: ‘‘, including per-
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1 formance standards for assessing the level of State

2 preparedness for major disasters, catastrophic disas3 ters, and emergencies’’; and

4 (2) by adding at the end the following:

5 ‘‘(b) REVIEW OF STATE DISASTER PREPARED6 NESS.—The Director shall conduct an annual review of

7 each State’s disaster preparedness to determine the extent

8 to which the State meets the performance standards is9 sued, by regulation, under this section. The Director shall

10 submit to Congress an annual report on the results of such

11 reviews.

12 ‘‘(c) PERFORMANCE STANDARDS.—Not later than 1

13 year after the date of the enactment of this subsection,

14 the Director shall issue performance standards which will

15 ensure that a State is prepared to respond to major disas16 ters, catastrophic disasters, and emergencies. The per17 formance standards shall, at a minimum, require that a

18 State, when developing or revising its disaster prepared19 ness plan, will take into account the particular types of

20 major disasters, catastrophic disasters, or emergencies

21 that are likely to occur in the State.

22 ‘‘(d) NOTIFICATION.—The Director shall notify a

23 State that is not making reasonable progress toward meet24 ing the performance standards issued under subsection (c)

25 within 60 days after the date on which the Director com-
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1 pletes the review of the State’s disaster preparedness

2 under subsection (b). The notice shall include the Direc3 tor’s recommendations of the steps that must be taken for

4 the State to meet such standards.’’.

5 SEC. 7. DISASTER RESOURCE INVENTORY.

6 Section 315 of The Robert T. Stafford Disaster Re7 lief and Emergency Assistance Act (42 U.S.C. 5158) is

8 amended to read as follows:

9 ‘‘SEC. 315. DISASTER RESOURCE INVENTORY.

10 ‘‘(a) IN GENERAL.—Not later than 1 year after the

11 date of the enactment of this subsection, the Director shall

12 complete regional inventories of resources that are avail13 able to the Federal Government, including medical assets

14 and foreign language communications assets, through

15 public or private entities, for use or deployment, or both,

16 following a major disaster, catastrophic disaster, or emer17 gency. Each item in the inventory shall include the infor18 mation necessary for prompt access to the source.

19 ‘‘(b) AVAILABILITY OF MATERIALS.—

20 ‘‘(1) IN GENERAL.—A regional inventory under

21 this section may be amended to include, at the re22 quest of the Governor of an affected State, a survey

23 of construction materials needed in an area affected

24 by a major disaster or catastrophic disaster on an

25 emergency basis for housing repairs, replacement
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1 housing, wastewater treatment, transportation, and

2 other public facilities repairs and replacement, farm3 ing operations, and business enterprises and to take

4 appropriate action to assure the availability and fair

5 distribution of needed materials. Any allocation pro6 gram shall be implemented by the Director to the

7 extent possible, by working with and through those

8 companies which traditionally supply construction

9 materials in the affected area.

10 ‘‘(2) CONSTRUCTION MATERIALS DEFINED.—

11 For the purposes of this subsection, the term ‘con12 struction materials’ includes building materials and

13 materials required for repairing housing, replacing

14 housing, and repairing and replacing wastewater

15 treatment, transportation, and other public facilities

16 and for normal farm and business operations.

17 ‘‘(c) AVAILABILITY TO GOVERNORS.—The Director

18 shall ensure that a regional inventory under this section

19 is made available to the Governor of each State in the

20 region for the purposes of formulating a request for the

21 declaration of a major disaster, catastrophic disaster, or

22 emergency.

23 ‘‘(d) MAINTENANCE.—The Director shall ensure that

24 information contained in each inventory under this section

25 is current and accurate.
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1 ‘‘(e) STATE PARTICIPATION.—

2 ‘‘(1) IN GENERAL.—Not later than 90 days

3 after the completion of a regional inventory under

4 this section, the Director shall request the Governor

5 of each State in the region to identify the State co6 ordinating officer and fire service or other public

7 safety officials who are responsible for coordinating

8 or overseeing State and local response to disasters

9 and emergencies in the State.

10 ‘‘(2) ACCESS.—A fire service or public safety

11 official designated under paragraph (1) shall have

12 direct and immediate access to the information con13 tained in the inventory to expedite State and local

14 responses to disasters and emergencies.’’.

15 SEC. 8. REPEAL OF OBSOLETE SLIDING SCALE LIMITATION.

16 Section 320 of The Robert T. Stafford Disaster Re17 lief and Emergency Assistance Act (42 U.S.C. 5162) is

18 repealed.

19 SEC. 9. PREDECLARATION AUTHORITY.

20 Section 401 of The Robert T. Stafford Disaster Re21 lief and Emergency Assistance Act (42 U.S.C. 5170) is

22 amended—

23 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

24 ‘‘All requests’’;
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1 (2) by striking ‘‘information’’ in the fourth sen2 tence and inserting ‘‘such information as the Direc3 tor shall require’’; and

4 (3) by adding at the end the following new sub5 section:

6 ‘‘(b) PREDECLARATION AUTHORITY.—

7 ‘‘(1) PREPARATION.—When, in the determina8 tion of the Director, events indicate that an emer9 gency, major disaster, or catastrophic disaster is

10 likely to be declared, a Federal agency, with the ap11 proval of the Director, may take such actions as the

12 agency considers necessary to prepare to provide

13 Federal assistance to State and local governments

14 and to disaster victims.

15 ‘‘(2) REIMBURSEMENT.—The Federal agency

16 shall be reimbursed from the disaster relief fund for

17 the cost of actions taken in accordance with this

18 subsection.’’.

19 SEC. 10. ESSENTIAL ASSISTANCE.

20 Section 403 of The Robert T. Stafford Disaster Re21 lief and Emergency Assistance Act (42 U.S.C. 5170b) is

22 amended—

23 (1) in subsection (a) by striking ‘‘Federal agen24 cies may’’ and all that follows through the period at

25 the end of paragraph (1) and inserting the following:
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1 ‘‘FEMA or, at the request of the Director, other

2 Federal agencies may provide disaster assistance es3 sential to meeting threats to life or property in prep4 aration for, or resulting from, a major disaster, cat5 astrophic disaster, or emergency as follows:

6 ‘‘(1) FEDERAL RESOURCES.—Purchasing and

7 storing, utilizing, lending, or donating Federal disas8 ter response equipment, supplies, and other re9 sources, other than the extension of credit, for use

10 and deployment by State and local governments, fire

11 services, and private relief agencies in preparation

12 for or following a major disaster, catastrophic disas13 ter, or emergency. Utilizing, lending, or donating fa14 cilities and personnel for use in deployment by State

15 and local governments, fire services, and private re16 lief agencies in preparation for or following a major

17 disaster, catastrophic disaster, or emergency.’’;

18 (2) in subsection (c)(1) by striking ‘‘During’’

19 and inserting ‘‘Immediately before or during’’; and

20 (3) by striking the last sentence of subsection

21 (c)(1).

22 SEC. 11. INDIVIDUAL AND FAMILY GRANT PROGRAMS.

23 Section 411(a) of The Robert T. Stafford Disaster

24 Relief and Emergency Assistance Act (42 U.S.C. 5178(a))

25 is amended by striking ‘‘or through other means’’.
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1 SEC. 12. CATASTROPHIC DISASTERS.

2 Title IV of The Robert T. Stafford Disaster Relief

3 and Emergency Assistance Act (42 U.S.C. 5170–5189b)

4 is amended by adding at the end the following new section:

5 ‘‘SEC. 425. CATASTROPHIC DISASTERS.

6 ‘‘(a) DECLARATION.—

7 ‘‘(1) RECOMMENDATION BY DISASTER SUPPORT

8 TEAMS.—At the onset of an event in which the dis9 aster support teams established under section 303(a)

10 have been deployed, or immediately thereafter, the

11 disaster support teams shall make concurrent rec12 ommendations to the Director, the President, and

13 the Governors of the affected States as to whether

14 the event should be declared a catastrophic disaster.

15 ‘‘(2) REQUEST FOR DECLARATION.—Requests

16 for a declaration by the President that a cata17 strophic disaster exists shall be made by the Gov18 ernors of the affected States. A request for a dec19 laration of a catastrophic disaster may accompany

20 the request for a declaration of a major disaster

21 under section 401.

22 ‘‘(3) GENERAL AUTHORITY.—The President

23 may declare that a catastrophic disaster, a major

24 disaster, or an emergency exists on the basis of a re25 quest under this subsection. If the President deter26 mines an immediate Federal response is required to
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1 provide services necessary to sustain life, the Presi2 dent may declare a catastrophic disaster without re3 ceiving a request from the Governor of an affected

4 State.

5 ‘‘(4) NOTIFICATION OF GOVERNOR.—The Presi6 dent shall inform the Governor of an affected State

7 that a catastrophic disaster declaration has been

8 made as soon after the declaration as practicable.

9 ‘‘(b) EFFECT OF DETERMINATION.—

10 ‘‘(1) DISASTER RESPONSE.—Upon the declara11 tion of a catastrophic disaster, the Director, after

12 consulting the Federal coordinating officer, shall de13 termine whether ancillary resources, such as the re14 sources of the Department of Defense, are required

15 to support any disaster response activities. Upon the

16 determination that ancillary resources are required,

17 the Director, after consulting the Federal coordinat18 ing officer, shall determine what resources of Fed19 eral agencies are necessary to respond to such disas20 ter and shall take such action as may be necessary

21 to ensure that such resources are made available.

22 ‘‘(2) RESPONSIBILITY OF THE DEPARTMENT OF

23 DEFENSE.—

24 ‘‘(A) IN GENERAL.—Following the declara25 tion of a catastrophic disaster, the Secretary of
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1 Defense shall, when requested by the Director

2 and with the concurrence of the Governor of the

3 affected State, provide to persons adversely af4 fected by the disaster, disaster response mate5 rials and services not otherwise available from

6 State, local, or volunteer agencies, including—

7 ‘‘(i) food, water, and shelter;

8 ‘‘(ii) communications;

9 ‘‘(iii) debris removal;

10 ‘‘(iv) medical assistance; and

11 ‘‘(v) any other services necessary to

12 sustain human life or to promote recovery.

13 ‘‘(B) REIMBURSEMENT.—The Secretary of

14 Defense shall be reimbursed from the disaster

15 relief fund for the provision of disaster response

16 materials and services described in subpara17 graph (A).

18 ‘‘(C) DIRECTION OF ACTIVITIES.—The

19 provision of disaster response materials and

20 services under subparagraph (A) and the ad21 ministration of relief by consenting State, local,

22 and volunteer agencies shall be directed by the

23 Federal Coordinating Officer, in consultation

24 with the Director and in coordination with the

25 Governors of the affected States or a designee
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1 of any such Governor. After a declaration of a

2 catastrophic disaster, specific requests by the

3 Governors for individual disaster response ma4 terials and services described in subparagraph

5 (A) shall not be necessary.

6 ‘‘(D) TRAINING.—The Secretary of De7 fense shall undertake necessary training and ex8 ercises to ensure preparedness for carrying out

9 this paragraph.

10 ‘‘(3) ADDITIONAL ASSISTANCE.—The assistance

11 provided in this subsection shall supplement and not

12 supplant the major disaster and emergency assist13 ance programs provided in this title and title V.’’.

14 SEC. 13. DISASTER LOANS.

15 Title IV of The Robert T. Stafford Disaster Relief

16 and Emergency Assistance Act (42 U.S.C. 5170–5189b)

17 is further amended by adding at the end the following:

18 ‘‘SEC. 426. DISASTER LOANS.

19 ‘‘(a) AUTHORITY TO MAKE LOANS.—

20 ‘‘(1) IN GENERAL.—The Director is authorized

21 to make such loans, either directly or in cooperation

22 with banks or other lending institutions through

23 agreements to participate on an immediate or de24 ferred (guaranteed basis), as the Director may de25 termine to be necessary to repair, rehabilitate, or re-
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1 place residential property and associated personal

2 property damaged or destroyed by or as a result of

3 a major disaster or catastrophic disaster.

4 ‘‘(2) INSURANCE LIMITATION.—The Director

5 shall not make loans under this section to repair, re6 habilitate, or replace real or personal property to the

7 extent that insurance is available to compensate a

8 loan applicant for damages sustained from a major

9 disaster or catastrophic disaster.

10 ‘‘(3) INCREASED AMOUNT FOR PREVENTION

11 AND MITIGATION.—The Director may increase the

12 amount of a loan under this section by not to exceed

13 an additional 20 percent if the Director determines

14 that such increase is necessary to protect the dam15 aged or destroyed property from possible future dis16 asters by taking mitigating measures.

17 ‘‘(b) REFINANCING OF MORTGAGE OR LIEN.—A loan

18 made by the Director under this section may be made for

19 the purpose of refinancing any mortgage or lien against

20 a totally destroyed or substantially damaged home; except

21 that no loan or guarantee shall be extended unless the Di22 rector finds that—

23 ‘‘(1) the applicant is not able to obtain credit

24 elsewhere;
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1 ‘‘(2) such property is to be repaired, rehabili2 tated, relocated, or replaced;

3 ‘‘(3) the amount refinanced will not exceed the

4 amount of physical loss sustained; and

5 ‘‘(4) such amount will be reduced to the extent

6 that such mortgage or lien is satisfied by insurance.

7 ‘‘(c) TERMS.—

8 ‘‘(1) TIME PERIOD.—

9 ‘‘(A) IN GENERAL.—No loan under this

10 section may be made for a period exceeding 30

11 years.

12 ‘‘(B) SUSPENSION OF PAYMENTS.—The

13 Director may consent to a suspension in the

14 payment of principal and interest charges on,

15 and to an extension in the maturity of, the Fed16 eral share of any loan under this section for a

17 period not to exceed 10 years if—

18 ‘‘(i) the borrower is a homeowner;

19 ‘‘(ii) the loan was made to enable the

20 homeowner to repair or replace the home

21 which was damaged or destroyed as the re22 sult of the major disaster or catastrophic

23 disaster; and

24 ‘‘(iii) the Director determines that the

25 suspension or extension is necessary to
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1 avoid severe financial hardship and will aid

2 in the orderly liquidation of the loan.

3 ‘‘(C) ASSUMPTION OF OBLIGATIONS.—

4 During any period in which principal and inter5 est charges are suspended on the Federal share

6 of any loan under subparagraph (B), the Direc7 tor shall, upon the request of any person, firm,

8 or corporation having a participation in such

9 loan, purchase such participation, or assume

10 the obligation of the borrower, for the balance

11 of such period, to make principal and interest

12 payments on the non-Federal share of such

13 loan; except that no such payments shall be

14 made by the Director on behalf of any borrower

15 unless—

16 ‘‘(i) the Director determines that such

17 action is necessary in order to avoid a de18 fault; and

19 ‘‘(ii) the borrower agrees to make pay20 ments to the Director in an aggregate

21 amount equal to the amount paid in its be22 half by the Director in such manner and at

23 such time (during or after the term of the

24 loan) as the Director shall determine hav-
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1 ing due regard to the purposes sought to

2 be achieved by this paragraph.

3 ‘‘(2) INTEREST RATE.—The rate of interest on

4 the Federal share of any loan made under this sec5 tion, as determined from the date the major disaster

6 or catastrophic disaster commenced, shall be—

7 ‘‘(A) in the case of a homeowner unable to

8 secure credit elsewhere, the rate prescribed by

the Director but not more than 1 9 ⁄2 the rate de10 termined by the Secretary of the Treasury tak11 ing into consideration the current average mar12 ket yield on outstanding marketable obligations

13 of the United States with remaining periods to

14 maturity comparable to the average maturities

15 of such loan plus an additional charge of not to

16 exceed 1 percent per year as determined by the

Director, and adjusted to the nearest 1 17 ⁄8 of 1

18 percent, but not to exceed 4 percent per year;

19 and

20 ‘‘(B) in the case of a homeowner able to

21 secure credit elsewhere, the rate prescribed by

22 the Director but not more than the rate deter23 mined by the Secretary of the Treasury taking

24 into consideration the current average market

25 yield on outstanding marketable obligations of
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1 the United States with remaining periods to

2 maturity comparable to the average maturities

3 of such loans plus an additional charge of not

4 to exceed 1 percent per year as determined by

the Director, and adjusted to the nearest 1 5 ⁄8 of

6 1 percent, but not to exceed 8 percent per year.

7 ‘‘(d) DETERMINATION OF LOAN AMOUNTS.—

8 ‘‘(1) GENERAL RULE.—Except as otherwise

9 provided by this subsection, and subject to reduc10 tions required under subsections (a) and (b), loans

11 under this section shall be in amounts equal to 100

12 percent of property losses described in subsections

13 (a) and (b).

14 ‘‘(2) LIMITATION ON AGGREGATE AMOUNT.—

15 No loan shall be made under this section, either di16 rectly or in cooperation with banks or other lending

17 institutions through agreements to participate on an

18 immediate or deferred (guaranteed) basis, if the

19 total amount outstanding and committed to the bor20 rower under this section would exceed $500,000 for

21 each major disaster or catastrophic disaster.

22 ‘‘(3) LIMITATION ON REDUCTIONS.—The Direc23 tor, subject to the reductions required by subsections

24 (a) and (b), shall not reduce the amount of eligibility

25 for any homeowner on account of loss of real estate
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1 to less than $100,000 for each major disaster or cat2 astrophic disaster, or for any homeowner or lessee

3 on account of loss of personal property to less than

4 $20,000 for each major disaster or catastrophic dis5 aster, such sums being in addition to any eligible re6 financing.

7 ‘‘(e) COLLATERAL REQUIREMENTS.—The Director

8 shall not require collateral for loans of $10,000 or less

9 which are made under subsection (a).

10 ‘‘(f) LOANS MADE ON A DEFERRED BASIS.—In

11 agreements to participate in loans on a deferred basis

12 under this section, such participation by the Director shall

13 not be in excess of 90 percent of the balance of the loan

14 outstanding at the time of disbursement.

15 ‘‘(g) REGULATIONS.—Not later than 1 year after the

16 date of the enactment of this section, the Director shall

17 issue such regulations as may be necessary to carry out

18 this section.

19 ‘‘(h) HOMEOWNER DEFINED.—For purposes of this

20 section, the term ‘homeowner’ has the meaning such term

21 has under section 3 of the Small Business Act.’’.

22 SEC. 14. PROCEDURE FOR DECLARATION OF EMERGENCY.

23 Section 501(a) of The Robert T. Stafford Disaster

24 Relief and Emergency Assistance Act (42 U.S.C. 5191(a))

25 is amended by striking ‘‘information’’ in the fourth sen-
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1 tence and inserting ‘‘such information as the Director

2 shall require’’.

3 SEC. 15. REORGANIZATION.

4 (a) CODIFICATION OF DIRECTOR’S DUTIES.—Each

5 of the following sections of The Robert T. Stafford Disas6 ter Relief and Emergency Assistance Act are amended by

7 striking ‘‘President’’ each place it appears and inserting

8 ‘‘Director’’: 201(i) (as redesignated by this Act), 201(j)

9 (as redesignated by this Act), 202 (other than subsection

10 (a)), 308, 309, 311, 313(a) (as designated by this Act),

11 406 (other than subsection (e)), 411, 416, 417, 418, 420,

12 and 422.

13 (b) QUALIFICATIONS OF DIRECTOR.—The President

14 may only appoint a person as the Director of FEMA if

15 such person has prior emergency management, disaster re16 lief assistance, or fire service experience.

17 (c) REDESIGNATION OF EMPLOYEE POSITIONS.—

18 After December 31, 1993, each of the positions of Re19 gional Director of FEMA shall be classified as a career

20 reserved position within the meaning of section 3132(a)(8)

21 of title 5, United States Code.

22 (d) PRESIDENTIAL APPOINTMENTS.—After Decem23 ber 31, 1993, the following employee positions within

24 FEMA shall be subject to Presidential appointment with25 out confirmation by the Senate:
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1 (1) The positions of Associate Director of each

2 of the following:

3 (A) External Affairs Directorate.

4 (B) National Preparedness Directorate.

5 (C) State and Local Programs and Sup6 port Directorate.

7 (2) The position of Federal Insurance Adminis8 trator.

9 (3) The position of Administrator of the United

10 States Fire Administration.

11 (4) The position of Superintendent of the Na12 tional Academy for Fire Prevention and Control.

13 (e) CONFORMING AMENDMENTS.—

14 (1) SECTION 5 OF FFPCA.—Section 5(b) of the

15 Federal Fire Prevention and Control Act of 1974

16 (15 U.S.C. 2204(b)) is amended by striking ‘‘, by

17 and with the advice and consent of the Senate,’’.

18 (2) SECTION 7 OF FFPCA.—Section 7(b) of such

19 Act (15 U.S.C. 2206(b)) is amended by striking

20 ‘‘appointed by the Secretary’’ and inserting ‘‘ap21 pointed by the President’’.
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1 SEC. 16. REVISION OF THE FEDERAL CIVIL DEFENSE ACT

2 OF 1950.

3 (a) IN GENERAL.—The Federal Civil Defense Act of

4 1950 (50 U.S.C. App. 2251–2303) is amended to read as

5 follows:

6 ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

7 ‘‘(a) SHORT TITLE.—This Act may be cited as the

8 ‘Federal Civil Defense Act of 1950’.

9 ‘‘(b) TABLE OF CONTENTS.—

‘‘Sec. 1. Short title; table of contents.

‘‘Sec. 2. Declaration of policy.

‘‘Sec. 3. Definitions.

‘‘Sec. 4. Applicability of Act.

‘‘TITLE I—POWERS AND DUTIES

‘‘Sec. 101. Elements of civil defense.

‘‘Sec. 102. Detailed functions of director.

‘‘Sec. 103. Mutual aid pacts between States and neighboring countries.

‘‘Sec. 104. Civil defense identity insignia.

‘‘Sec. 105. Contributions for personnel and administrative expenses.

‘‘Sec. 106. State matching funds for construction of emergency operating centers.

‘‘Sec. 107. Use of funds to prepare for and respond to emergencies, major disasters, and catastrophes.

‘‘TITLE II—MISCELLANEOUS PROVISIONS

‘‘Sec. 201. Loans to finance projects for civil defense purposes.

‘‘Sec. 202. Civil Defense Procurement Fund.

‘‘Sec. 203. Relation of Act to Atomic Energy Act of 1946.

‘‘Sec. 204. Rule of construction regarding investigation of espionage, sabotage,

or subversive acts.

‘‘Sec. 205. Separability.

10 ‘‘SEC. 2. DECLARATION OF POLICY.

11 ‘‘The purpose of this Act is to provide a system of

12 civil defense for the protection of life and property in the

13 United States from major disasters, catastrophic disas14 ters, and emergencies and to vest responsibility for civil
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1 defense jointly in the Federal Government and the several

2 States and their political subdivisions. The Congress rec3 ognizes that the organizational structure established joint4 ly by the Federal Government and the several States and

5 their political subdivisions for civil defense purposes can

6 be effectively utilized to provide relief and assistance to

7 people in areas of the United States adversely affected by

8 a major disaster, catastrophic disaster, or emergency. The

9 Federal Government shall provide necessary direction, co10 ordination, and guidance and shall provide necessary as11 sistance as authorized in this Act.

12 ‘‘SEC. 3. DEFINITIONS.

13 ‘‘For purposes of this Act, the following definitions

14 apply:

15 ‘‘(1) CATASTROPHIC DISASTER.—The term ‘cat16 astrophic disaster’ has the same meaning given that

17 term in section 102(3) of The Robert T. Stafford

18 Disaster Relief and Emergency Assistance Act (42

19 U.S.C. 5122(3)).

20 ‘‘(2) CIVIL DEFENSE.—The term ‘civil defense’

21 means all those activities and measures designed or

22 undertaken—

23 ‘‘(A) to minimize the effects of a major

24 disaster, catastrophic disaster, or emergency

25 upon the civilian population;
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1 ‘‘(B) to deal with the immediate emergency

2 conditions which would be created by the major

3 disaster, catastrophic disaster, or emergency;

4 ‘‘(C) to effectuate emergency repairs to, or

5 the emergency restoration of, vital utilities and

6 facilities destroyed or damaged by the major

7 disaster, catastrophic disaster, or emergency; or

8 ‘‘(D) to improve preparedness and re9 sponse training for a major disaster, cata10 strophic disaster, or emergency.

11 ‘‘(3) DIRECTOR.—The term ‘Director’ means

12 the Director of the Federal Emergency Management

13 Agency.

14 ‘‘(4) EMERGENCY.—The term ‘emergency’ has

15 the same meaning given that term in section 102(1)

16 of The Robert T. Stafford Disaster Relief and

17 Emergency Assistance Act (42 U.S.C. 5122(1)).

18 ‘‘(5) FACILITIES.—The term ‘facilities’, except

19 as otherwise provided in this Act, includes buildings,

20 shelters, utilities, and land.

21 ‘‘(6) MAJOR DISASTER.—The term ‘major dis22 aster’ has the same meaning given that term in sec23 tion 102(2) of The Robert T. Stafford Disaster Re24 lief and Emergency Assistance Act (42 U.S.C.

25 5122(2)).
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1 ‘‘(7) MATERIALS.—The term ‘materials’ in2 cludes raw materials, supplies, medicines, equip3 ment, component parts and technical information

4 and processes necessary for civil defense.

5 ‘‘(8) NEIGHBORING COUNTRIES.—The term

6 ‘neighboring countries’ includes Canada and Mexico.

7 ‘‘(9) ORGANIZATIONAL EQUIPMENT.—The term

8 ‘organizational equipment’ means equipment (other

9 than those items which the local community nor10 mally utilizes in combating local disasters, except

11 when required in unusual quantities dictated by the

12 requirements of the civil defense plans) determined

13 by the Director to be—

14 ‘‘(A) necessary to a civil defense organiza15 tion, as distinguished from personal equipment;

16 and

17 ‘‘(B) of such a type or nature as to require

18 it to be financed in whole or in part by the Fed19 eral Government.

20 ‘‘(10) STATE.—The term ‘State’ includes the

21 several States, the District of Columbia, the Terri22 tories, the possessions of the United States, and

23 interstate civil defense authorities established under

24 section 102(g).
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1 ‘‘SEC. 4. APPLICABILITY OF ACT.

2 ‘‘The provisions of this Act shall be applicable to the

3 United States, its States, Territories and possessions, and

4 the District of Columbia, and their political subdivisions.

5 ‘‘TITLE I—POWERS AND DUTIES

6 ‘‘SEC. 101. ELEMENTS OF CIVIL DEFENSE.

7 ‘‘Activities and measures designed or undertaken as

8 part of civil defense activities under this Act shall include

9 the following:

10 ‘‘(1) Measures to be undertaken in preparation

11 for anticipated major disasters, catastrophic disas12 ters, and emergencies (including the establishment

13 of appropriate organizations, operational plans, and

14 supporting agreements, the recruitment and training

15 of personnel, the conduct of research, the procure16 ment and stockpiling of necessary materials and

17 supplies, the provision of suitable warning systems,

18 the construction or preparation of shelters, shelter

19 areas, and control centers, and, when appropriate,

20 the non-military evacuation of civil population).

21 ‘‘(2) Measures to be undertaken during a major

22 disaster, catastrophic disaster, or emergency (includ23 ing the enforcement of passive defense regulations

24 prescribed by duly established military or civil au25 thorities, the evacuation of personnel to shelter
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1 areas, the control of traffic and panic, and the con2 trol and use of lighting and civil communications).

3 ‘‘(3) Measures to be undertaken following a

4 major disaster, catastrophic disaster, or emergency

5 (including activities for fire fighting, rescue, emer6 gency medical, health and sanitation services, mon7 itoring for specific dangers of special weapons,

8 unexploded bomb reconnaissance, essential debris

9 clearance, emergency welfare measures, and imme10 diately essential emergency repair or restoration of

11 damaged vital facilities).

12 ‘‘SEC. 102. DETAILED FUNCTIONS OF DIRECTOR.

13 ‘‘(a) PREPARATION OF PLANS FOR CIVIL DE14 FENSE.—The Director may prepare national plans and

15 programs for the civil defense of the United States, spon16 sor and direct such plans and programs, and request such

17 reports on State plans and operations for civil defense as

18 may be necessary to keep the President, the Congress and

19 the States advised of the status of civil defense in the

20 United States.

21 ‘‘(b) DELEGATION OF CIVIL DEFENSE RESPONSIBIL22 ITIES.—The Director may delegate, with the approval of

23 the President, to the several departments and agencies of

24 the Federal Government appropriate civil defense respon25 sibilities, and review and coordinate the civil defense ac-
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1 tivities of the departments and agencies with each other

2 and with the activities of the States and neighboring coun3 tries.

4 ‘‘(c) CIVIL DEFENSE COMMUNICATIONS AND

5 WARNINGS.—The Director may make appropriate provi6 sion for necessary civil defense communications and for

7 dissemination of warnings to the civilian population of a

8 major disaster, catastrophic disaster, or emergency.

9 ‘‘(d) DEVELOPMENT OF PROTECTIVE MEASURES.—

10 The Director may study and develop civil defense meas11 ures designed to afford adequate protection of life and

12 property.

13 ‘‘(e) TRAINING PROGRAMS.—The Director may con14 duct or arrange, by contract or otherwise, for training pro15 grams for the instruction of civil defense officials and

16 other persons in the organization, operation, and tech17 niques of civil defense. As part of such training programs,

18 the Director may conduct or operate schools or classes and

19 provide instructors and training aids as the Director con20 siders to be necessary. The Director may pay travel ex21 penses and provide per diem allowances, in lieu of subsist22 ence, for trainees in attendance at such training programs

23 or furnish subsistence and quarters for trainees and in24 structors on terms prescribed by the Director.
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1 ‘‘(f) DISSEMINATION OF INFORMATION.—The Direc2 tor may publicly disseminate appropriate civil defense in3 formation by all appropriate means.

4 ‘‘(g) ENCOURAGEMENT OF STATE CIVIL DEFENSE

5 WORK.—The Director may assist and encourage the

6 States to negotiate and enter into interstate civil defense

7 compacts. The Director shall review the terms and condi8 tions of such proposed compacts in order to assist to the

9 extent feasible in obtaining uniformity therein and consist10 ency with the national civil defense plans and programs

11 and assist and coordinate the activities under such com12 pacts. The Director shall aid and assist in encouraging

13 reciprocal civil defense legislation by the States which will

14 permit the furnishing of mutual aid for civil defense pur15 poses in the event of a major disaster, catastrophic disas16 ter, or emergency that cannot be adequately met or con17 trolled by a State or political subdivision thereof.

18 ‘‘(h) SUBMISSION OF COMPACTS.—A copy of each

19 civil defense compact entered into under subsection (g)

20 shall be transmitted promptly to the Senate and the House

21 of Representatives. The consent of the Congress shall be

22 granted to each such compact, upon the expiration of the

23 first period of sixty calendar days of continuous session

24 of the Congress following the date on which the compact

25 is transmitted to it; but only if, between the date of trans-
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1 mittal and expiration of such sixty-day period, there has

2 not been passed a concurrent resolution stating in sub3 stance that the Congress does not approve the compact.

4 Nothing in this subsection shall be construed as prevent5 ing Congress from withdrawing at any time its consent

6 to any such compact.

7 ‘‘(i) FINANCIAL AID TO STATES.—The Director may

8 make financial contributions, on the basis of programs or

9 projects approved by the Director, to the States for civil

10 defense purposes, including the procurement, construc11 tion, leasing, or renovating of materials and facilities.

12 Such contributions shall be made on such terms or condi13 tions as the Director shall prescribe, including the method

14 of purchase, the quantity, quality, or specifications of the

15 materials or facilities, and such other factors or care or

16 treatment to assure the uniformity, availability, and good

17 condition of such materials or facilities. All laborers and

18 mechanics employed by contractors or subcontractors in

19 the performance of construction work financed with the

20 assistance of any contribution of Federal funds made by

21 the Director under the provisions of this section shall be

22 paid wages at rates not less than those prevailing on simi23 lar construction in the locality as determined by the Sec24 retary of Labor in accordance with the Davis-Bacon Act

25 (40 U.S.C. 276a–276a–5), and every such employee shall
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1 receive compensation at a rate not less than one and one2 half times the basic rate of pay of the employee for all

3 hours worked in any work week in excess of eight hours

4 in any workday or forty hours in the work week, as the

5 case may be. The Director shall make no contribution of

6 Federal funds without first obtaining adequate assurance

7 that these labor standards will be maintained upon the

8 construction work.

9 ‘‘(j) SURPLUS PROPERTY.—The Director may ar10 range for the sale or disposal of materials and facilities

11 found by the Director to be unnecessary or unsuitable for

12 civil defense purposes in the same manner as provided for

13 excess property in the Federal Property and Administra14 tive Services Act of 1949 (40 U.S.C. 471 et seq.), and

15 any funds received as proceeds from the sale or other dis16 position of such materials and facilities shall be covered

17 into the Treasury as miscellaneous receipts.

18 ‘‘SEC. 103. MUTUAL AID PACTS BETWEEN STATES AND

19 NEIGHBORING COUNTRIES.

20 ‘‘The Director shall give all practicable assistance to

21 States in arranging, through the Department of State,

22 mutual civil defense aid between the States and neighbor23 ing countries.
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1 ‘‘SEC. 104. CIVIL DEFENSE IDENTITY INSIGNIA.

2 ‘‘The Director may prescribe insignia, arm bands,

3 and other distinctive articles (including designs previously

4 covered under Letters Patent which were assigned to the

5 United States and held by the Office of Civilian Defense

6 created by Executive Order Numbered 8757 issued May

7 20, 1941) which may be manufactured for or possessed

8 or worn by persons engaged in civil defense activities pur9 suant to rules for the manufacture, possession, or wearing

10 thereof established by the Director. The manufacture, pos11 session, or wearing of any such insignia, arm band, or

12 other distinctive article otherwise than in accordance with

13 such rules shall be unlawful and shall subject such person

14 to a fine of not more than $1,000 or imprisonment of not

15 more than one year, or both.

16 ‘‘SEC. 105. CONTRIBUTIONS FOR PERSONNEL AND ADMINIS17 TRATIVE EXPENSES.

18 ‘‘(a) CONTRIBUTIONS AUTHORIZED.—To further as19 sist in carrying out the purpose of this Act, the Director

20 may make financial contributions to the States (including

21 interstate civil defense authorities established pursuant to

22 section 201(g)) for necessary and essential State and local

23 civil defense personnel and administrative expenses, on the

24 basis of approved plans (which shall be consistent with the

25 national plan for civil defense approved by the Director)

26 for the civil defense of the States. The financial contribu-
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1 tions to the States for the purposes of this section shall

2 not exceed one-half of the total cost of such necessary and

3 essential State and local civil defense personnel and ad4 ministrative expenses.

5 ‘‘(b) CONTENTS OF PLAN.—A plan submitted under

6 this section shall—

7 ‘‘(1) provide, pursuant to State law, that the

8 plan shall be in effect in all political subdivisions of

9 the State and be mandatory on them, and be admin10 istered or supervised by a single State agency;

11 ‘‘(2) provide that the State shall share the fi12 nancial assistance with that provided by the Federal

13 Government under this section from any source de14 termined by it to be consistent with State law;

15 ‘‘(3) provide for the development of State and

16 local civil defense operational plans, pursuant to

17 standards approved by the Director;

18 ‘‘(4) provide for the employment of a full-time

19 civil defense director, or deputy director, by the

20 State, and for such other methods of administration;

21 ‘‘(5) provide that the State shall make such re22 ports in such form and content as the Director may

23 require; and

24 ‘‘(6) make available to duly authorized rep25 resentatives of the Director and the Comptroller
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1 General, books, records, and papers necessary to

2 conduct audits for the purposes of this section.

3 ‘‘(c) OTHER TERMS AND CONDITIONS.—The Direc4 tor shall establish such other terms and conditions to

5 carry out this section as the Director may consider to be

6 necessary and proper.

7 ‘‘(d) APPLICABILITY OF OTHER LAW.—In carrying

8 out the provisions of this section, the provisions of section

9 102(g) shall apply.

10 ‘‘(e) ALLOCATION TO STATES.—For each fiscal year

11 concerned, the Director shall allocate to each State, in ac12 cordance with regulations and the total sum appropriated

13 hereunder, amounts to be made available to the States for

14 the purposes of this section. Regulations governing alloca15 tions to the States shall give due regard to (1) the critical16 ity of the target and support areas and the areas which

17 may be affected by major disasters, catastrophic disasters,

18 and emergencies with respect to the development of the

19 total civil defense readiness of the United States, (2) the

20 relative state of development of civil defense readiness of

21 the State, (3) population, and (4) such other factors as

22 the Director shall prescribe. The Director may reallocate

23 the excess of any allocation not utilized by a State in an

24 approvable plan submitted under this section. Amounts

25 paid to any State or political subdivision under this section
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1 shall be expended solely for the purposes set forth in the

2 section.

3 ‘‘(f) EFFECT OF FAILURE TO SUBMIT PLAN.—In the

4 event a State fails to submit an approval plan as required

5 by this section within sixty days after the Director notifies

6 the States of the allocations hereunder, the Director may

7 reallocate such funds, or portions thereof, among the other

8 States in such amounts as, in the judgment of the Direc9 tor, will best assure the adequate development of the civil

10 defense capability of the United States.

11 ‘‘(g) ANNUAL REPORT.—The Director shall report

12 annually to the Congress all contributions made pursuant

13 to this section.

14 ‘‘SEC. 106. STATE MATCHING FUNDS FOR CONSTRUCTION

15 OF EMERGENCY OPERATING CENTERS.

16 ‘‘Notwithstanding any other provision of this Act,

17 funds appropriated to carry out this Act may not be used

18 for the purpose of constructing emergency operating cen19 ters (or similar facilities) in any State unless such State

20 matches in an equal amount the amount made available

21 to such State under this Act for such purpose.
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1 ‘‘SEC. 107. USE OF FUNDS TO PREPARE FOR AND RESPOND

2 TO MAJOR DISASTERS, CATASTROPHES, AND

3 EMERGENCIES.

4 ‘‘Funds made available to the States under this Act

5 may be used by the States for the purposes of preparing

6 for, and providing emergency assistance in response to a

7 major disaster, catastrophic disaster, or emergency. Regu8 lations prescribed to carry out this section shall authorize

9 the use of civil defense personnel, materials, and facilities

10 supported in whole or in part through contributions under

11 this Act for civil defense activities and measures related

12 to major disasters, catastrophic disasters, or emergencies.

13 ‘‘TITLE II—MISCELLANEOUS

14 PROVISIONS

15 ‘‘SEC. 201. LOANS TO FINANCE PROJECTS FOR CIVIL DE16 FENSE PURPOSES.

17 ‘‘To aid in carrying out the purpose of this Act, the

18 Director is authorized to certify to the Secretary of Trans19 portation as to the necessity of purchasing securities or

20 making a loan or loans (including participations therein

21 and guarantees thereof) for the purpose of aiding in fi22 nancing projects for civil defense purposes. Upon such cer23 tification by the Director, the Secretary is authorized to

24 purchase such securities or to make such loan or loans

25 (including participations therein and guarantees thereof)

26 with maturities not to exceed fifty years and on such terms
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1 and conditions as the Secretary may determine, except

2 that any such purchases of securities or loans may be

3 made only to the extent that financing is not otherwise

4 available on reasonable terms. The total amount of loans,

5 purchases, participations, and guarantees, made pursuant

6 to this section shall not exceed $250,000,000 outstanding

7 at any one time.

8 ‘‘SEC. 202. CIVIL DEFENSE PROCUREMENT FUND.

9 ‘‘There is established a working capital of $5,000,000

10 for the ‘Civil Defense Procurement Fund’, which is estab11 lished for the purpose of financing the procurement by the

12 Director of materials or organizational equipment for

13 which financial contributions to the States are otherwise

14 authorized to be made on a matching basis by subsection

15 102(i). The Fund shall be charged with the purchase price

16 of the materials or organizational equipment, and shall be

17 paid therefor in advance, or be reimbursed, in equal

18 amounts from (1) applicable appropriations, and (2) funds

19 provided by the States. Such materials or organizational

20 equipment may be delivered to any State, and the Federal

21 share of the purchase price of materials or organizational

22 equipment so delivered shall be in lieu of equivalent finan23 cial contributions therefor.
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1 ‘‘SEC. 203. RELATION OF ACT TO ATOMIC ENERGY ACT OF

2 1946.

3 ‘‘Nothing in this Act shall be construed to amend or

4 modify the provisions of the Atomic Energy Act of 1946

5 (42 U.S.C. 2011 et seq.).

6 ‘‘SEC. 204. RULE OF CONSTRUCTION REGARDING INVES7 TIGATION OF ESPIONAGE, SABOTAGE, OR

8 SUBVERSIVE ACTS.

9 ‘‘Nothing in this Act shall be construed to authorize

10 investigations of espionage, sabotage, or subversive acts

11 by any persons other than personnel of the Federal Bu12 reau of Investigation.

13 ‘‘SEC. 205. SEPARABILITY.

14 ‘‘If any provision of this Act or the application of

15 such provision to any person or circumstances shall be

16 held to be invalid, the remainder of the Act, and the appli17 cation of such provisions to persons or circumstances other

18 than those as to which it is held invalid, shall not be af19 fected thereby.’’.

20 (b) CONFORMING AMENDMENTS.—

21 (1) CROSS REFERENCE.—Section 202(c) of The

22 Robert T. Stafford Disaster Relief and Emergency

23 Assistance Act (42 U.S.C. 5132(c)) is amended by

24 striking ‘‘section 201(c) of the Federal Civil Defense

25 Act of 1950, as amended (50 U.S.C. App.
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1 2281(c)),’’ and inserting ‘‘section 102(c) of the Fed2 eral Civil Defense Act of 1950’’.

3 (2) REPEAL.—The undesignated paragraph

4 under the heading ‘‘CIVIL DEFENSE PROCUREMENT

5 FUND’’ in chapter XI of the Third Supplemental Ap6 propriation Act, 1951 (50 U.S.C. App. 2264; 65

7 Stat. 61) is repealed.

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