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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3399 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3399

  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 28, 1993

Mr. Borski introduced the following bill; which was referred jointly to 
  the Committees on Public Works and Transportation 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Disaster Response 
and Recovery Act of 1993''.
    (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.
Sec. 9. Predeclaration authority.
Sec. 10. Essential assistance.
Sec. 11. Individual and family grant programs.
Sec. 12. Catastrophic disasters.
Sec. 13. Procedure for declaration of emergency.
Sec. 14. Reorganization.
Sec. 15. Revision of the Federal Civil Defense Act of 1950.

SEC. 2. DECLARATION OF PURPOSE.

    The purpose of this Act is to--
            (1) improve the Federal Government's and State and local 
        governments' preparedness for, response to, and recovery from 
        emergencies, disasters, and terrorist attacks;
            (2) combine Federal disaster preparedness, response, and 
        recovery authorities and activities with Federal civil defense 
        authorities and activities; and
            (3) redirect the mission of the Federal Emergency 
        Management Agency (hereinafter in this Act referred to as 
        ``FEMA'') to preparedness, response, recovery, and mitigation 
        with respect to all disasters, whether natural or man-made.

SEC. 3. DEFINITIONS.

    Section 102 of The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122) is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Major disaster.--`Major disaster' means any event of 
        natural, human, or other origin in the United States that the 
        President determines is causing damage of sufficient severity 
        and magnitude to warrant major disaster assistance under this 
        Act to supplement the efforts and available resources of State 
        and local governments and disaster relief organizations in 
        alleviating the damage, loss, hardship, and suffering caused by 
        the event.'';
            (2) by redesignating paragraphs (3) through (9) as 
        paragraphs (6) through (12), respectively; and
            (3) by inserting after paragraph (2) the following new 
        paragraphs:
            ``(3) Catastrophic disaster.--The term `catastrophic 
        disaster' means a major disaster that the President determines 
        is overwhelming the ability of State, local, and volunteer 
        agencies to respond to the disaster and provide victims of the 
        disaster with services necessary to sustain life.
            ``(4) FEMA.--The term `FEMA' means the Federal Emergency 
        Management Agency.
            ``(5) Director.--The term `Director' means the Director of 
        FEMA.''.

SEC. 4. PRESIDENTIAL RESPONSE PLAN; FEDERAL GRANTS.

    (a) In General.--Section 201 of The Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5131) is amended--
            (1) by striking subsection (c);
            (2) by redesignating subsections (b) and (d) as subsections 
        (i) and (j), respectively;
            (3) in subsection (j), as so redesignated, by inserting `in 
        fiscal years ending before October 1, 1994,'' after ``make 
        grants''; and
            (4) by inserting after subsection (a) the following new 
        subsections:
    ``(b) Presidential Response Plan.--
            ``(1) Establishment.--Not later than 1 year after the date 
        of the enactment of the Disaster Response and Recovery Act of 
        1993, the Director, in consultation with appropriate Federal 
        and non-Federal agencies, shall develop a plan (hereinafter in 
        this Act referred to as the ``Presidential Response Plan'') to 
        provide Federal assistance, when requested, to States affected 
        by a major disaster, catastrophic disaster, or emergency.
            ``(2) Operational plans.--
                    ``(A) In general.--Not later than 1 year after the 
                date of the enactment of the Disaster Response and 
                Recovery Act of 1993, the Director shall prepare, in 
                cooperation with the Federal agencies designated under 
                the Presidential Response Plan, operational plans as 
                part of the Presidential Response Plan that shall 
                include, at a minimum, the following:
                            ``(i) A description of the chains of 
                        command for responding to major disasters, 
                        catastrophic disasters, and emergencies.
                            ``(ii) A description of the specific duties 
                        of all Federal agencies involved in such 
                        response actions.
                            ``(iii) A description of the relationship 
                        between, and the respective duties of, Federal, 
                        State, and local governments, private relief 
                        agencies, and fire services involved in such 
                        response actions.
                    ``(B) Other requirements.--The operational plans 
                under this paragraph shall--
                            ``(i) be prepared on a regional basis;
                            ``(ii) be based on a comprehensive risk 
                        assessment of the United States which the 
                        Director shall carry out to assess the 
                        probability, frequency, and severity of major 
                        disasters, catastrophic disasters, and 
                        emergencies occurring within each region;
                            ``(iii) provide for coordination of the 
                        emergency operations plans of State and local 
                        governments in the region with the operational 
                        plan prepared for the region under this 
                        paragraph and with each other; and
                            ``(iv) facilitate and enhance the 
                        development of mutual aid agreements among 
                        State and local government agencies.
    ``(c) Federal Disaster Preparedness Grants.--
            ``(1) In general.--
                    ``(A) Establishment.--The Director shall establish 
                a grant program to assist States in fiscal years 
                beginning after September 30, 1994, to prepare for 
                major disasters, catastrophic disasters, and 
                emergencies, including conducting disaster and 
                emergency training exercises in accordance with the 
                Presidential Response Plan.
                    ``(B) Allocation of funds.--The Director shall 
                allocate 50 percent of the funds appropriated to carry 
                out this subsection for a fiscal year among the States 
                in the ratio that the population in each State bears to 
                the total population of all of the States; except that 
                no State shall be allocated less than \1/2\ of 1 
                percent of such funds.
                    ``(C) Discretionary grants.--The Director shall use 
                the remaining 50 percent of the funds appropriated to 
                carry out this subsection to make discretionary grants 
                to the States. In selecting the States to receive such 
                grants, the Director shall consider--
                            ``(i) the potential risk that a major 
                        disaster, catastrophic disaster, or emergency 
                        will occur in the State; and
                            ``(ii) the potential amount and degree of 
                        damage that could occur in the State as the 
                        result of a major disaster, catastrophic 
                        disaster, or emergency; and compliance of the 
                        State with the performance standards developed 
                        by the Director under section 313.
            ``(2) State disaster preparedness plan.--The Director may 
        only make a discretionary grant to a State under this 
        subsection if the State has a disaster preparedness plan and is 
        meeting or making reasonable progress toward meeting the 
        performance standards issued under section 313.
            ``(3) Federal share.--The Federal share of a grant under 
        this subsection for preparing for major disasters, catastrophic 
        disasters, and emergencies shall not exceed 50 percent of the 
        cost of such preparation.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $100,000,000 
        for each of fiscal years 1995 through 1998.
    ``(d) Hazard Mitigation Grants.--
            ``(1) Establishment.--The Director shall establish a grant 
        program to assist States in fiscal years beginning after 
        September 30, 1994, to minimize damages likely to occur from 
        major disasters, catastrophic disasters, and emergencies.
            ``(2) Selection limitation.--The Director may only make a 
        grant under this subsection to a State if the Director 
        determines that the activities to be carried out with such 
        grant will be cost effective and substantially reduce the risk 
        of future damage, hardship, loss, or suffering in any area 
        affected by a major disaster, catastrophic disaster, or 
        emergency.
            ``(3) Federal share.--The Federal share of a grant made 
        under this subsection to assist a State in minimizing damages 
        described in paragraph (1) shall not exceed 75 percent of the 
        cost of the activities to be carried out with such assistance.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $100,000,000 
        for each of fiscal years 1995 through 1998.
    ``(e) Role of National Guard.--
            ``(1) Review.--The Secretary of Defense, in cooperation 
        with the Director and in consultation with the States, shall 
        direct the Chief of the National Guard Bureau--
                    ``(A) to review the role of the National Guard in 
                responding to major disasters, catastrophic disasters, 
                and emergencies for the purpose of making 
                recommendations to the President to address--
                            ``(i) how the National Guard could better 
                        prepare for and respond to major disasters, 
                        catastrophic disasters, and emergencies;
                            ``(ii) how the structure of the National 
                        Guard could be adjusted to provide Governors 
                        with improved immediate access to critical 
                        assets during an emergency;
                            ``(iii) how the National Guard should be 
                        integrated into the Presidential Response Plan 
                        and into regional operational plans; and
                            ``(iv) how the National Guard should 
                        coordinate with disaster medical assistance 
                        teams of the Department of Health and Human 
                        Services in preparing for and responding to 
                        major disasters, catastrophic disasters, and 
                        emergencies.
                    ``(B) to develop an interstate compact that, if 
                adopted by the States, would facilitate the mutual use 
                of National Guard assets across State borders during 
                major disasters, catastrophic disasters, and 
                emergencies.
            ``(2) Report.--Not later than 1 year after the date of the 
        enactment of this paragraph, the Secretary of Defense shall 
        transmit to the President and Congress a report on the results 
        of the review conducted under paragraph (1) and a copy of the 
        proposed interstate compact developed under paragraph (1).
            ``(3) Interstate mutual assistance compacts.--The Director, 
        in consultation with the Chief of the National Guard Bureau, 
        shall take action to encourage the States to enter into 
        interstate compacts for the mutual use of National Guard assets 
        across State borders during major disasters, catastrophic 
        disasters, and emergencies.
            ``(4) Response to disasters and reimbursement for 
        authorized activities.--
                    ``(A) Reimbursement.--To assure more effective and 
                rapid responses by National Guard units to major 
                disasters, catastrophic disasters, and emergencies, the 
                Director is authorized to reimburse a State or States 
                for all or any part of expenses incurred as a result of 
                the use of the National Guard at the onset of any event 
                for which, in the judgment of the Governor of the 
                affected State, it is probable that the event will 
                result in a declaration of a major disaster, 
                catastrophic disaster, or emergency under this Act.
                    ``(B) Source of funds.--Funds available for 
                disbursement to the States under this paragraph shall 
                come from the funds appropriated to the disaster relief 
                fund.
                    ``(C) Consistency with act.--In any case in which 
                an event results in a declaration of a major disaster, 
                catastrophic disaster, or emergency under this Act, the 
                Director shall ensure that all reimbursements under 
                this paragraph are in accordance with this Act, 
                including the Federal share determined for the disaster 
                or emergency.
            ``(5) Training and coordination with state entities.--
                    ``(A) Minimum training.--The Governor of a State 
                receiving a discretionary grant under subsection (c) of 
                this section in a fiscal year shall require the 
                National Guard units in the State to participate in 
                such fiscal year with other appropriate State and local 
                entities in annual training and other exercises 
                designed to enhance the readiness of the National Guard 
                and such other entities to respond to major disasters, 
                catastrophic disasters, and emergencies.
                    ``(B) Minimum standards.--The Director and the 
                Chief of the National Guard Bureau shall establish 
                minimum standards for training and other exercises in 
                which National Guard units are to participate under 
                this paragraph.
    ``(f) Role of Fire Services.--The Director, in consultation with 
national, regional, and State fire service organizations, shall review 
the role of fire services in responding to major disasters, 
catastrophic disasters, and emergencies for the purpose of 
determining--
            ``(1) how fire services can better prepare for and respond 
        to major disasters, catastrophic disasters, and emergencies; 
        and
            ``(2) how fire services should be integrated into the 
        Presidential Response Plan, State disaster preparedness plans, 
        and Federal regional operational plans.
    ``(g) Volunteers.--Not later than 1 year after the date of the 
enactment of this subsection, the Director shall--
            ``(1) establish a system that is coordinated with systems 
        of private relief agencies to manage and utilize spontaneous 
        disaster volunteers to carry out priority disaster and 
        emergency response services; and
            ``(2) report to Congress and the States on the system.
    ``(h) Donated Goods.--Not later than 1 year after the date of the 
enactment of this subsection, the Director shall--
            ``(1) establish a system for the management of goods 
        donated to the Federal Government to support victims of 
        disasters and emergencies; and
            ``(2) report to Congress on the system so established.''.
    (b) Repeal of Former Grant Provision.--Effective October 1, 1994, 
subsection (j) of section 201 of such Act, as redesignated by 
subsection (a), is repealed.
    (c) Conforming Amendments.--
            (1) Section 404 rtsdrea.--Section 404 of The Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170c) is repealed.
            (2) Section 5 of ehra.--Section 5(b)(2)(A) of the 
        Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
        7704(b)(2)(A)) is amended--
                    (A) by striking clause (iv); and
                    (B) by redesignating clauses (v) and (vi) as 
                clauses (iv) and (v), respectively.

SEC. 5. DAMAGE AND NEEDS ASSESSMENT.

    Section 303 of The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5144) is amended to read as follows:

``SEC. 303. DISASTER SUPPORT TEAMS.

    ``(a) In General.--Not later than 6 months after the date of the 
enactment of this subsection, the Director shall establish disaster 
support teams to be deployed to an area where a major disaster, 
catastrophic disaster, or emergency is likely to be declared or has 
been declared and to assist the Federal coordinating officer in 
carrying out his or her responsibilities under this Act.
    ``(b) Composition.--The Director shall designate experts and 
officials from appropriate Federal agencies (including FEMA and the 
Department of Defense), State and local governments, fire services, and 
private relief agencies to serve on the disaster support teams.
    ``(c) Detail of Government Employees.--Upon the request of the 
Director, the head of any Federal agency shall detail to temporary duty 
with a disaster support team, on a nonreimbursable basis, such 
personnel within the administrative jurisdiction of the head of the 
Federal agency as the Director may need or believe to be useful for 
carrying out the functions of the support team. Each such detail shall 
be without loss of seniority, pay, or other employee status.
    ``(d) Damage and Needs Assessment.--
            ``(1) In general.--After the onset of a potential or actual 
        major disaster or catastrophic disaster and, in any case in 
        which the President declares a major disaster or catastrophic 
        disaster, not later than 3 hours after the time of such 
        declaration, the Director shall deploy a disaster support team 
        established under subsection (a) to evaluate the extent of the 
        damage and the resulting needs for disaster relief assistance.
            ``(2) Recommendations.--As soon as possible after 
        deployment, a disaster support team shall make recommendations 
        to the Director, the President, and the Governors of the 
        affected States regarding the damage and the resources needed 
        to provide disaster relief to the affected areas.
            ``(3) Coordination with state and local officials.--To the 
        extent possible, the damage and needs assessments under this 
        subsection shall be conducted in coordination with State and 
        local officials of the affected area.''.

SEC. 6. STANDARDS AND REVIEWS.

    Section 313 of The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5154) is amended--
            (1) by inserting ``(a) In General.--'' before ``The'' the 
        first place it appears;
            (2) by inserting before the period at the end of the first 
        sentence the following: ``, including performance standards for 
        assessing the level of State preparedness for major disasters, 
        catastrophic disasters, and emergencies''; and
            (2) by adding at the end the following:
    ``(b) Review of State Disaster Preparedness.--The Director shall 
conduct an annual review of each State's disaster preparedness to 
determine the extent to which the State meets the performance standards 
issued, by regulation, under this section. The Director shall submit to 
Congress an annual report on the results of such reviews.
    ``(c) Performance Standards.--Not later than 1 year after the date 
of the enactment of this subsection, the Director shall issue 
performance standards which will ensure that a State is prepared to 
respond to major disasters, catastrophic disasters, and emergencies. 
The performance standards shall, at a minimum, require that a State, 
when developing or revising its disaster preparedness plan, will take 
into account the particular types of major disasters, catastrophic 
disasters, or emergencies that are likely to occur in the State.
    ``(d) Notification.--The Director shall notify a State that is not 
making reasonable progress toward meeting the performance standards 
issued under subsection (c) within 60 days after the date on which the 
Director completes the review of the State's disaster preparedness 
under subsection (b). The notice shall include the Director's 
recommendations of the steps that must be taken for the State to meet 
such standards.''.

SEC. 7. DISASTER RESOURCE INVENTORY.

    Section 315 of The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5158) is amended to read as follows:

``SEC. 315. DISASTER RESOURCE INVENTORY.

    ``(a) In General.--Not later than 1 year after the date of the 
enactment of this subsection, the Director shall complete regional 
inventories of resources that are available to the Federal Government, 
including medical assets and foreign language communications assets, 
through public or private entities, for use or deployment, or both, 
following a major disaster, catastrophic disaster, or emergency. Each 
item in the inventory shall include the information necessary for 
prompt access to the source.
    ``(b) Availability of Materials.--
            ``(1) In general.--A regional inventory under this section 
        may be amended to include, at the request of the Governor of an 
        affected State, a survey of construction materials needed in an 
        area affected by a major disaster or catastrophic disaster on 
        an emergency basis for housing repairs, replacement housing, 
        wastewater treatment, transportation, and other public 
        facilities repairs and replacement, farming operations, and 
        business enterprises and to take appropriate action to assure 
        the availability and fair distribution of needed materials. Any 
        allocation program shall be implemented by the Director to the 
        extent possible, by working with and through those companies 
        which traditionally supply construction materials in the 
        affected area.
            ``(2) Construction materials defined.--For the purposes of 
        this subsection, the term `construction materials' includes 
        building materials and materials required for repairing 
        housing, replacing housing, and repairing and replacing 
        wastewater treatment, transportation, and other public 
        facilities and for normal farm and business operations.
    ``(c) Availability to Governors.--The Director shall ensure that a 
regional inventory under this section is made available to the Governor 
of each State in the region for the purposes of formulating a request 
for the declaration of a major disaster, catastrophic disaster, or 
emergency.
    ``(d) Maintenance.--The Director shall ensure that information 
contained in each inventory under this section is current and accurate.
    ``(e) State Participation.--
            ``(1) In general.--Not later than 90 days after the 
        completion of a regional inventory under this section, the 
        Director shall request the Governor of each State in the region 
        to identify the State coordinating officer and fire service or 
        other public safety officials who are responsible for 
        coordinating or overseeing State and local response to 
        disasters and emergencies in the State.
            ``(2) Access.--A fire service or public safety official 
        designated under paragraph (1) shall have direct and immediate 
        access to the information contained in the inventory to 
        expedite State and local responses to disasters and 
        emergencies.''.

SEC. 8. REPEAL OF OBSOLETE SLIDING SCALE LIMITATION.

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

SEC. 9. PREDECLARATION AUTHORITY.

    Section 401 of The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170) is amended--
            (1) by inserting ``(a) In General.--'' before ``All 
        requests'';
            (2) by striking ``information'' in the fourth sentence and 
        inserting ``such information as the Director shall require''; 
        and
            (3) by adding at the end the following new subsection:
    ``(b) Predeclaration Authority.--
            ``(1) Preparation.--When, in the determination of the 
        Director, events indicate that an emergency, major disaster, or 
        catastrophic disaster is likely to be declared, a Federal 
        agency, with the approval of the Director, may take such 
        actions as the agency considers necessary to prepare to provide 
        Federal assistance to State and local governments and to 
        disaster victims.
            ``(2) Reimbursement.--The Federal agency shall be 
        reimbursed from the disaster relief fund for the cost of 
        actions taken in accordance with this subsection.''.

SEC. 10. ESSENTIAL ASSISTANCE.

    Section 403 of The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170b) is amended--
            (1) in subsection (a) by striking ``Federal agencies may'' 
        and all that follows through the period at the end of paragraph 
        (1) and inserting the following: ``FEMA or, at the request of 
        the Director, other Federal agencies may provide disaster 
        assistance essential to meeting threats to life or property in 
        preparation for, or resulting from, a major disaster, 
        catastrophic disaster, or emergency as follows:
            ``(1) Federal resources.--Purchasing and storing, 
        utilizing, lending, or donating Federal disaster response 
        equipment, supplies, and other resources, other than the 
        extension of credit, for use and deployment by State and local 
        governments, fire services, and private relief agencies in 
        preparation for or following a major disaster, catastrophic 
        disaster, or emergency. Utilizing, lending, or donating 
        facilities and personnel for use in deployment by State and 
        local governments, fire services, and private relief agencies 
        in preparation for or following a major disaster, catastrophic 
        disaster, or emergency.'';
            (2) in subsection (c)(1) by striking ``During'' and 
        inserting ``Immediately before or during''; and
            (3) by striking the last sentence of subsection (c)(1).

SEC. 11. INDIVIDUAL AND FAMILY GRANT PROGRAMS.

    Section 411(a) of The Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5178(a)) is amended by striking 
``or through other means''.

SEC. 12. CATASTROPHIC DISASTERS.

    Title IV of The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170-5189b) is amended by adding at the end 
the following new section:

``SEC. 425. CATASTROPHIC DISASTERS.

    ``(a) Declaration.--
            ``(1) Recommendation by disaster support teams.--At the 
        onset of an event in which the disaster support teams 
        established under section 303(a) have been deployed, or 
        immediately thereafter, the disaster support teams shall make 
        concurrent recommendations to the Director, the President, and 
        the Governors of the affected States as to whether the event 
        should be declared a catastrophic disaster.
            ``(2) Request for declaration.--Requests for a declaration 
        by the President that a catastrophic disaster exists shall be 
        made by the Governors of the affected States. A request for a 
        declaration of a catastrophic disaster may accompany the 
        request for a declaration of a major disaster under section 
        401.
            ``(3) General authority.--The President may declare that a 
        catastrophic disaster, a major disaster, or an emergency exists 
        on the basis of a request under this subsection. If the 
        President determines an immediate Federal response is required 
        to provide services necessary to sustain life, the President 
        may declare a catastrophic disaster without receiving a request 
        from the Governor of an affected State.
            ``(4) Notification of governor.--The President shall inform 
        the Governor of an affected State that a catastrophic disaster 
        declaration has been made as soon after the declaration as 
        practicable.
    ``(b) Effect of Determination.--
            ``(1) Disaster response.--Upon the declaration of a 
        catastrophic disaster, the Director, after consulting the 
        Federal coordinating officer, shall determine whether ancillary 
        resources, such as the resources of the Department of Defense, 
        are required to support any disaster response activities. Upon 
        the determination that ancillary resources are required, the 
        Director, after consulting the Federal coordinating officer, 
        shall determine what resources of Federal agencies are 
        necessary to respond to such disaster and shall take such 
        action as may be necessary to ensure that such resources are 
        made available.
            ``(2) Responsibility of the department of defense.--
                    ``(A) In general.--Following the declaration of a 
                catastrophic disaster, the Secretary of Defense shall, 
                when requested by the Director and with the concurrence 
                of the Governor of the affected State, provide to 
                persons adversely affected by the disaster, disaster 
                response materials and services not otherwise available 
                from State, local, or volunteer agencies, including--
                            ``(i) food, water, and shelter;
                            ``(ii) communications;
                            ``(iii) debris removal;
                            ``(iv) medical assistance; and
                            ``(v) any other services necessary to 
                        sustain human life or to promote recovery.
                    ``(B) Reimbursement.--The Secretary of Defense 
                shall be reimbursed from the disaster relief fund for 
                the provision of disaster response materials and 
                services described in subparagraph (A).
                    ``(C) Direction of activities.--The provision of 
                disaster response materials and services under 
                subparagraph (A) and the administration of relief by 
                consenting State, local, and volunteer agencies shall 
                be directed by the Federal Coordinating Officer, in 
                consultation with the Director and in coordination with 
                the Governors of the affected States or a designee of 
                any such Governor. After a declaration of a 
                catastrophic disaster, specific requests by the 
                Governors for individual disaster response materials 
                and services described in subparagraph (A) shall not be 
                necessary.
                    ``(D) Training.--The Secretary of Defense shall 
                undertake necessary training and exercises to ensure 
                preparedness for carrying out this paragraph.
            ``(3) Additional assistance.--The assistance provided in 
        this subsection shall supplement and not supplant the major 
        disaster and emergency assistance programs provided in this 
        title and title V.''.

SEC. 13. PROCEDURE FOR DECLARATION OF EMERGENCY.

    Section 501(a) of The Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5191(a)) is amended by striking 
``information'' in the fourth sentence and inserting ``such information 
as the Director shall require''.

SEC. 14. REORGANIZATION.

    (a) Codification of Director's Duties.--Each of the following 
sections of The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act are amended by striking ``President'' each place it 
appears and inserting ``Director'': 201(i) (as redesignated by this 
Act), 201(j) (as redesignated by this Act), 202 (other than subsection 
(a)), 308, 309, 311, 313(a) (as designated by this Act), 406 (other 
than subsection (e)), 411, 416, 417, 418, 420, and 422.
    (b) Qualifications of Director.--The President may only appoint a 
person as the Director of FEMA if such person has prior emergency 
management, disaster relief assistance, or fire service experience.
    (c) Redesignation of Employee Positions.--After December 31, 1993, 
each of the positions of Regional Director of FEMA shall be classified 
as a career reserved position within the meaning of section 3132(a)(8) 
of title 5, United States Code.
    (d) Presidential Appointments.--After December 31, 1993, the 
following employee positions within FEMA shall be subject to 
Presidential appointment without confirmation by the Senate:
            (1) The positions of Associate Director of each of the 
        following:
                    (A) External Affairs Directorate.
                    (B) National Preparedness Directorate.
                    (C) State and Local Programs and Support 
                Directorate.
            (2) The position of Federal Insurance Administrator.
            (3) The position of Administrator of the United States Fire 
        Administration.
            (4) The position of Superintendent of the National Academy 
        for Fire Prevention and Control.
    (e) Conforming Amendments.--
            (1) Section 5 of ffpca.--Section 5(b) of the Federal Fire 
        Prevention and Control Act of 1974 (15 U.S.C. 2204(b)) is 
        amended by striking ``, by and with the advice and consent of 
        the Senate,''.
            (2) Section 7 of ffpca.--Section 7(b) of such Act (15 
        U.S.C. 2206(b)) is amended by striking ``appointed by the 
        Secretary'' and inserting ``appointed by the President''.

SEC. 15. REVISION OF THE FEDERAL CIVIL DEFENSE ACT OF 1950.

    (a) In General.--The Federal Civil Defense Act of 1950 (50 U.S.C. 
App. 2251-2303) is amended to read as follows:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    ``(a) Short Title.--This Act may be cited as the `Federal Civil 
Defense Act of 1950'.
    ``(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.

``SEC. 2. DECLARATION OF POLICY.

    ``The purpose of this Act is to provide a system of civil defense 
for the protection of life and property in the United States from major 
disasters, catastrophic disasters, and emergencies and to vest 
responsibility for civil defense jointly in the Federal Government and 
the several States and their political subdivisions. The Congress 
recognizes that the organizational structure established jointly by the 
Federal Government and the several States and their political 
subdivisions for civil defense purposes can be effectively utilized to 
provide relief and assistance to people in areas of the United States 
adversely affected by a major disaster, catastrophic disaster, or 
emergency. The Federal Government shall provide necessary direction, 
coordination, and guidance and shall provide necessary assistance as 
authorized in this Act.

``SEC. 3. DEFINITIONS.

    ``For purposes of this Act, the following definitions apply:
            ``(1) Catastrophic disaster.--The term `catastrophic 
        disaster' has the same meaning given that term in section 
        102(3) of The Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5122(3)).
            ``(2) Civil defense.--The term `civil defense' means all 
        those activities and measures designed or undertaken--
                    ``(A) to minimize the effects of a major disaster, 
                catastrophic disaster, or emergency upon the civilian 
                population;
                    ``(B) to deal with the immediate emergency 
                conditions which would be created by the major 
                disaster, catastrophic disaster, or emergency;
                    ``(C) to effectuate emergency repairs to, or the 
                emergency restoration of, vital utilities and 
                facilities destroyed or damaged by the major disaster, 
                catastrophic disaster, or emergency; or
                    ``(D) to improve preparedness and response training 
                for a major disaster, catastrophic disaster, or 
                emergency.
            ``(3) Director.--The term `Director' means the Director of 
        the Federal Emergency Management Agency.
            ``(4) Emergency.--The term `emergency' has the same meaning 
        given that term in section 102(1) of The Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5122(1)).
            ``(5) Facilities.--The term `facilities', except as 
        otherwise provided in this Act, includes buildings, shelters, 
        utilities, and land.
            ``(6) Major disaster.--The term `major disaster' has the 
        same meaning given that term in section 102(2) of The Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5122(2)).
            ``(7) Materials.--The term `materials' includes raw 
        materials, supplies, medicines, equipment, component parts and 
        technical information and processes necessary for civil 
        defense.
            ``(8) Neighboring countries.--The term `neighboring 
        countries' includes Canada and Mexico.
            ``(9) Organizational equipment.--The term `organizational 
        equipment' means equipment (other than those items which the 
        local community normally utilizes in combating local disasters, 
        except when required in unusual quantities dictated by the 
        requirements of the civil defense plans) determined by the 
        Director to be--
                    ``(A) necessary to a civil defense organization, as 
                distinguished from personal equipment; and
                    ``(B) of such a type or nature as to require it to 
                be financed in whole or in part by the Federal 
                Government.
            ``(10) State.--The term `State' includes the several 
        States, the District of Columbia, the Territories, the 
        possessions of the United States, and interstate civil defense 
        authorities established under section 102(g).

``SEC. 4. APPLICABILITY OF ACT.

    ``The provisions of this Act shall be applicable to the United 
States, its States, Territories and possessions, and the District of 
Columbia, and their political subdivisions.

                      ``TITLE I--POWERS AND DUTIES

``SEC. 101. ELEMENTS OF CIVIL DEFENSE.

    ``Activities and measures designed or undertaken as part of civil 
defense activities under this Act shall include the following:
            ``(1) Measures to be undertaken in preparation for 
        anticipated major disasters, catastrophic disasters, and 
        emergencies (including the establishment of appropriate 
        organizations, operational plans, and supporting agreements, 
        the recruitment and training of personnel, the conduct of 
        research, the procurement and stockpiling of necessary 
        materials and supplies, the provision of suitable warning 
        systems, the construction or preparation of shelters, shelter 
        areas, and control centers, and, when appropriate, the non-
        military evacuation of civil population).
            ``(2) Measures to be undertaken during a major disaster, 
        catastrophic disaster, or emergency (including the enforcement 
        of passive defense regulations prescribed by duly established 
        military or civil authorities, the evacuation of personnel to 
        shelter areas, the control of traffic and panic, and the 
        control and use of lighting and civil communications).
            ``(3) Measures to be undertaken following a major disaster, 
        catastrophic disaster, or emergency (including activities for 
        fire fighting, rescue, emergency medical, health and sanitation 
        services, monitoring for specific dangers of special weapons, 
        unexploded bomb reconnaissance, essential debris clearance, 
        emergency welfare measures, and immediately essential emergency 
        repair or restoration of damaged vital facilities).

``SEC. 102. DETAILED FUNCTIONS OF DIRECTOR.

    ``(a) Preparation of Plans for Civil Defense.--The Director may 
prepare national plans and programs for the civil defense of the United 
States, sponsor and direct such plans and programs, and request such 
reports on State plans and operations for civil defense as may be 
necessary to keep the President, the Congress and the States advised of 
the status of civil defense in the United States.
    ``(b) Delegation of Civil Defense Responsibilities.--The Director 
may delegate, with the approval of the President, to the several 
departments and agencies of the Federal Government appropriate civil 
defense responsibilities, and review and coordinate the civil defense 
activities of the departments and agencies with each other and with the 
activities of the States and neighboring countries.
    ``(c) Civil Defense Communications and Warnings.--The Director may 
make appropriate provision for necessary civil defense communications 
and for dissemination of warnings to the civilian population of a major 
disaster, catastrophic disaster, or emergency.
    ``(d) Development of Protective Measures.--The Director may study 
and develop civil defense measures designed to afford adequate 
protection of life and property.
    ``(e) Training Programs.--The Director may conduct or arrange, by 
contract or otherwise, for training programs for the instruction of 
civil defense officials and other persons in the organization, 
operation, and techniques of civil defense. As part of such training 
programs, the Director may conduct or operate schools or classes and 
provide instructors and training aids as the Director considers to be 
necessary. The Director may pay travel expenses and provide per diem 
allowances, in lieu of subsistence, for trainees in attendance at such 
training programs or furnish subsistence and quarters for trainees and 
instructors on terms prescribed by the Director.
    ``(f) Dissemination of Information.--The Director may publicly 
disseminate appropriate civil defense information by all appropriate 
means.
    ``(g) Encouragement of State Civil Defense Work.--The Director may 
assist and encourage the States to negotiate and enter into interstate 
civil defense compacts. The Director shall review the terms and 
conditions of such proposed compacts in order to assist to the extent 
feasible in obtaining uniformity therein and consistency with the 
national civil defense plans and programs and assist and coordinate the 
activities under such compacts. The Director shall aid and assist in 
encouraging reciprocal civil defense legislation by the States which 
will permit the furnishing of mutual aid for civil defense purposes in 
the event of a major disaster, catastrophic disaster, or emergency that 
cannot be adequately met or controlled by a State or political 
subdivision thereof.
    ``(h) Submission of Compacts.--A copy of each civil defense compact 
entered into under subsection (g) shall be transmitted promptly to the 
Senate and the House of Representatives. The consent of the Congress 
shall be granted to each such compact, upon the expiration of the first 
period of sixty calendar days of continuous session of the Congress 
following the date on which the compact is transmitted to it; but only 
if, between the date of transmittal and expiration of such sixty-day 
period, there has not been passed a concurrent resolution stating in 
substance that the Congress does not approve the compact. Nothing in 
this subsection shall be construed as preventing Congress from 
withdrawing at any time its consent to any such compact.
    ``(i) Financial Aid to States.--The Director may make financial 
contributions, on the basis of programs or projects approved by the 
Director, to the States for civil defense purposes, including the 
procurement, construction, leasing, or renovating of materials and 
facilities. Such contributions shall be made on such terms or 
conditions as the Director shall prescribe, including the method of 
purchase, the quantity, quality, or specifications of the materials or 
facilities, and such other factors or care or treatment to assure the 
uniformity, availability, and good condition of such materials or 
facilities. All laborers and mechanics employed by contractors or 
subcontractors in the performance of construction work financed with 
the assistance of any contribution of Federal funds made by the 
Director under the provisions of this section shall be paid wages at 
rates not less than those prevailing on similar construction in the 
locality as determined by the Secretary of Labor in accordance with the 
Davis-Bacon Act (40 U.S.C. 276a-276a-5), and every such employee shall 
receive compensation at a rate not less than one and one-half times the 
basic rate of pay of the employee for all hours worked in any work week 
in excess of eight hours in any workday or forty hours in the work 
week, as the case may be. The Director shall make no contribution of 
Federal funds without first obtaining adequate assurance that these 
labor standards will be maintained upon the construction work.
    ``(j) Surplus Property.--The Director may arrange for the sale or 
disposal of materials and facilities found by the Director to be 
unnecessary or unsuitable for civil defense purposes in the same manner 
as provided for excess property in the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), and any 
funds received as proceeds from the sale or other disposition of such 
materials and facilities shall be covered into the Treasury as 
miscellaneous receipts.

``SEC. 103. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING COUNTRIES.

    ``The Director shall give all practicable assistance to States in 
arranging, through the Department of State, mutual civil defense aid 
between the States and neighboring countries.

``SEC. 104. CIVIL DEFENSE IDENTITY INSIGNIA.

    ``The Director may prescribe insignia, arm bands, and other 
distinctive articles (including designs previously covered under 
Letters Patent which were assigned to the United States and held by the 
Office of Civilian Defense created by Executive Order Numbered 8757 
issued May 20, 1941) which may be manufactured for or possessed or worn 
by persons engaged in civil defense activities pursuant to rules for 
the manufacture, possession, or wearing thereof established by the 
Director. The manufacture, possession, or wearing of any such insignia, 
arm band, or other distinctive article otherwise than in accordance 
with such rules shall be unlawful and shall subject such person to a 
fine of not more than $1,000 or imprisonment of not more than one year, 
or both.

``SEC. 105. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE EXPENSES.

    ``(a) Contributions Authorized.--To further assist in carrying out 
the purpose of this Act, the Director may make financial contributions 
to the States (including interstate civil defense authorities 
established pursuant to section 201(g)) for necessary and essential 
State and local civil defense personnel and administrative expenses, on 
the basis of approved plans (which shall be consistent with the 
national plan for civil defense approved by the Director) for the civil 
defense of the States. The financial contributions to the States for 
the purposes of this section shall not exceed one-half of the total 
cost of such necessary and essential State and local civil defense 
personnel and administrative expenses.
    ``(b) Contents of Plan.--A plan submitted under this section 
shall--
            ``(1) provide, pursuant to State law, that the plan shall 
        be in effect in all political subdivisions of the State and be 
        mandatory on them, and be administered or supervised by a 
        single State agency;
            ``(2) provide that the State shall share the financial 
        assistance with that provided by the Federal Government under 
        this section from any source determined by it to be consistent 
        with State law;
            ``(3) provide for the development of State and local civil 
        defense operational plans, pursuant to standards approved by 
        the Director;
            ``(4) provide for the employment of a full-time civil 
        defense director, or deputy director, by the State, and for 
        such other methods of administration;
            ``(5) provide that the State shall make such reports in 
        such form and content as the Director may require;
            ``(6) make available to duly authorized representatives of 
        the Director and the Comptroller General, books, records, and 
        papers necessary to conduct audits for the purposes of this 
        section.
    ``(c) Other Terms and Conditions.--The Director shall establish 
such other terms and conditions to carry out this section as the 
Director may consider to be necessary and proper.
    ``(d) Applicability of Other Law.--In carrying out the provisions 
of this section, the provisions of section 102(g) shall apply.
    ``(e) Allocation to States.--For each fiscal year concerned, the 
Director shall allocate to each State, in accordance with regulations 
and the total sum appropriated hereunder, amounts to be made available 
to the States for the purposes of this section. Regulations governing 
allocations to the States shall give due regard to (1) the criticality 
of the target and support areas and the areas which may be affected by 
major disasters, catastrophic disasters, and emergencies with respect 
to the development of the total civil defense readiness of the United 
States, (2) the relative state of development of civil defense 
readiness of the State, (3) population, and (4) such other factors as 
the Director shall prescribe. The Director may reallocate the excess of 
any allocation not utilized by a State in an approvable plan submitted 
under this section. Amounts paid to any State or political subdivision 
under this section shall be expended solely for the purposes set forth 
in the section.
    ``(f) Effect of Failure to Submit Plan.--In the event a State fails 
to submit an approval plan as required by this section within sixty 
days after the Director notifies the States of the allocations 
hereunder, the Director may reallocate such funds, or portions thereof, 
among the other States in such amounts as, in the judgment of the 
Director, will best assure the adequate development of the civil 
defense capability of the United States.
    ``(g) Annual Report.--The Director shall report annually to the 
Congress all contributions made pursuant to this section.

``SEC. 106. STATE MATCHING FUNDS FOR CONSTRUCTION OF EMERGENCY 
              OPERATING CENTERS.

    ``Notwithstanding any other provision of this Act, funds 
appropriated to carry out this Act may not be used for the purpose of 
constructing emergency operating centers (or similar facilities) in any 
State unless such State matches in an equal amount the amount made 
available to such State under this Act for such purpose.

``SEC. 107. USE OF FUNDS TO PREPARE FOR AND RESPOND TO MAJOR DISASTERS, 
              CATASTROPHES, AND EMERGENCIES.

    ``Funds made available to the States under this Act may be used by 
the States for the purposes of preparing for, and providing emergency 
assistance in response to a major disaster, catastrophic disaster, or 
emergency. Regulations prescribed to carry out this section shall 
authorize the use of civil defense personnel, materials, and facilities 
supported in whole or in part through contributions under this Act for 
civil defense activities and measures related to major disasters, 
catastrophic disasters, or emergencies.

                  ``TITLE II--MISCELLANEOUS PROVISIONS

``SEC. 201. LOANS TO FINANCE PROJECTS FOR CIVIL DEFENSE PURPOSES.

    ``To aid in carrying out the purpose of this Act, the Director is 
authorized to certify to the Secretary of Transportation as to the 
necessity of purchasing securities or making a loan or loans (including 
participations therein and guarantees thereof) for the purpose of 
aiding in financing projects for civil defense purposes. Upon such 
certification by the Director, the Secretary is authorized to purchase 
such securities or to make such loan or loans (including participations 
therein and guarantees thereof) with maturities not to exceed fifty 
years and on such terms and conditions as the Secretary may determine, 
except that any such purchases of securities or loans may be made only 
to the extent that financing is not otherwise available on reasonable 
terms. The total amount of loans, purchases, participations, and 
guarantees, made pursuant to this section shall not exceed $250,000,000 
outstanding at any one time.

``SEC. 202. CIVIL DEFENSE PROCUREMENT FUND.

    ``There is established a working capital of $5,000,000 for the 
`Civil Defense Procurement Fund', which is established for the purpose 
of financing the procurement by the Director of materials or 
organizational equipment for which financial contributions to the 
States are otherwise authorized to be made on a matching basis by 
subsection 102(i). The Fund shall be charged with the purchase price of 
the materials or organizational equipment, and shall be paid therefor 
in advance, or be reimbursed, in equal amounts from (1) applicable 
appropriations, and (2) funds provided by the States. Such materials or 
organizational equipment may be delivered to any State, and the Federal 
share of the purchase price of materials or organizational equipment so 
delivered shall be in lieu of equivalent financial contributions 
therefor.

``SEC. 203. RELATION OF ACT TO ATOMIC ENERGY ACT OF 1946.

    ``Nothing in this Act shall be construed to amend or modify the 
provisions of the Atomic Energy Act of 1946 (42 U.S.C. 2011 et seq.).

``SEC. 204. RULE OF CONSTRUCTION REGARDING INVESTIGATION OF ESPIONAGE, 
              SABOTAGE, OR SUBVERSIVE ACTS.

    ``Nothing in this Act shall be construed to authorize 
investigations of espionage, sabotage, or subversive acts by any 
persons other than personnel of the Federal Bureau of Investigation.

``SEC. 205. SEPARABILITY.

    ``If any provision of this Act or the application of such provision 
to any person or circumstances shall be held to be invalid, the 
remainder of the Act, and the application of such provisions to persons 
or circumstances other than those as to which it is held invalid, shall 
not be affected thereby.''.
    (b) Conforming Amendments.--
            (1) Cross reference.--Section 202(c) of The Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5132(c)) is amended by striking ``section 201(c) of the 
        Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 
        2281(c)),'' and inserting ``section 102(c) of the Federal Civil 
        Defense Act of 1950''.
            (2) Repeal.--The undesignated paragraph under the heading 
        ``civil defense procurement fund'' in chapter XI of the Third 
        Supplemental Appropriation Act, 1951 (50 U.S.C. App. 2264; 65 
        Stat. 61) is repealed.

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