Calendar No. 716

103D CONGRESS

2D SESSION S. 1697

[Report No. 103–400]

A BILL

To improve the ability of the Federal Government

O

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

CTOBER 5 (legislative day, SEPTEMBER 12), 1994

Reported with an amendment
II

Calendar No. 716

103D CONGRESS

2D SESSION S. 1697

[Report No. 103–400]

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

to major disasters, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 19 (legislative day, NOVEMBER 2), 1993

Ms. MIKULSKI introduced the following bill; which was read twice and referred

to the Committee on Governmental Affairs

OCTOBER 5 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. GLENN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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 ‘‘Federal Disaster Preparedness and Response Act of

6 1993’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Declaration of purposes.

Sec. 3. Definitions.

Sec. 4. Sense of Congress.

Sec. 5. Presidential response plan.

Sec. 6. Predeclaration authority.

Sec. 7. Domestic crisis monitoring unit.

Sec. 8. Damage and needs assessment.

Sec. 9. Catastrophic disasters.

Sec. 10. Targeted emergency grants.

Sec. 11. Reorganization of FEMA.

Sec. 12. National Academy of Fire and Emergency Preparedness.

Sec. 13. Research center.

Sec. 14. Repeal of Civil Defense Act.

3 SEC. 2. DECLARATION OF PURPOSES.

4 The purposes of this Act are—

5 (1) to improve Government preparedness for

6 and response to catastrophic disasters;

7 (2) to shift the emphasis of the Federal Emer8 gency Management Agency (referred to in this Act

9 as ‘‘FEMA’’) from nuclear attack-related activities

10 to a risk-based strategy to improve preparedness for

11 all hazards; and

12 (3) to redirect the mission of FEMA to mitiga13 tion, preparedness, response, and recovery for all

14 hazards.

15 SEC. 3. DEFINITIONS.

16 Section 102 of the Robert T. Stafford Disaster Relief

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

18 amended—
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1 (1) by striking paragraph (2) and inserting the

2 following new paragraph (2):

3 ‘‘(2) MAJOR DISASTER.—The term ‘major dis4 aster’ means any occasion or instance that, as deter5 mined by the President, causes damage of sufficient

6 severity and magnitude to warrant major disaster

7 assistance under this Act to supplement the efforts

8 and available resources of State and local govern9 ments, and disaster relief organizations in alleviating

10 the damage, loss, and hardship caused by the disas11 ter. Major disasters include disasters resulting from

12 all hazards.’’; and

13 (2) by adding at the end the following new

14 paragraphs:

15 ‘‘(10) CATASTROPHIC DISASTER.—The term

16 ‘catastrophic disaster’ means a major disaster that

17 immediately overwhelms the ability of State, local,

18 and volunteer agencies to adequately provide victims

19 of the disaster with services necessary to sustain life.

20 ‘‘(11) ALL HAZARDS.—The term ‘all hazards’

21 means natural or man-caused events, including,

22 without limitation, civil disturbances, that may re23 sult in major disasters or emergencies.
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1 ‘‘(12) DIRECTOR.—The term ‘Director’ means

2 the Director of the Federal Emergency Management

3 Agency.’’.

4 SEC. 4. SENSE OF CONGRESS.

5 It is the sense of Congress that—

6 (1) the Federal Government should give imme7 diate attention to developing a broad risk-based

8 strategy for improving Federal readiness for and re9 sponse to major disasters;

10 (2) the all hazards approach is the best way to

11 prepare the United States for all disasters or emer12 gencies;

13 (3) all reasonable actions should be taken to

14 mitigate the effects of disasters;

15 (4) initial response to emergencies and disasters

16 is made by State and local fire and emergency serv17 ice agencies, whose capabilities must therefore be

18 strengthened and maintained;

19 (5) the fire service performs a critical function

20 of first response to fire and other hazards, and

21 should be recognized for performing this function;

22 (6) the American Red Cross and other volun23 teer organizations have made, and will continue to

24 make, valuable contributions in responding to disas25 ters nationwide by providing channels for the gener-
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1 ous sharing of time and resources with those in

2 need;

3 (7) private nonprofit organizations play an im4 portant role in disaster relief operations, and are an

5 essential element of disaster preparedness, response,

6 and recovery efforts; and

7 (8) training and hazard mitigation are impor8 tant preventive measures and are vital elements in

9 disaster preparedness and recovery.

10 SEC. 5. PRESIDENTIAL RESPONSE PLAN.

11 Section 201 of the Robert T. Stafford Disaster Relief

12 and Emergency Assistance Act (42 U.S.C. 5131) is

13 amended to read as follows:

14 ‘‘SEC. 201. FEDERAL AND STATE DISASTER PREPAREDNESS

15 PROGRAMS.

16 ‘‘(a) ESTABLISHMENT.—The President is authorized

17 to establish a program of disaster preparedness that uti18 lizes services of all appropriate agencies, and includes—

19 ‘‘(1) preparation of disaster preparedness plans

20 for mitigation, warning, emergency operations, reha21 bilitation, and recovery;

22 ‘‘(2) training and exercises;

23 ‘‘(3) postdisaster critiques and evaluations;

24 ‘‘(4) annual review of programs;
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1 ‘‘(5) coordination of Federal, State, and local

2 preparedness programs;

3 ‘‘(6) application of science and technology; and

4 ‘‘(7) research.

5 ‘‘(b) TECHNICAL ASSISTANCE.—The President shall

6 provide technical assistance to the States in developing

7 comprehensive plans and practicable programs for—

8 ‘‘(1) preparation against disasters, including

9 hazard reduction, avoidance, and mitigation;

10 ‘‘(2) assistance to individuals, businesses, and

11 State and local governments following such disas12 ters; and

13 ‘‘(3) recovery of damaged or destroyed public

14 and private facilities.

15 ‘‘(c) PRESIDENTIAL RESPONSE PLAN.—

16 ‘‘(1) ESTABLISHMENT.—Not later than 180

17 days after the date of enactment of the Federal Dis18 aster Preparedness and Response Act of 1993, the

19 President, acting through the Director, shall develop

20 a Presidential Response Plan to provide Federal as21 sistance, when requested, to States impacted by a

22 major disaster, catastrophic disaster, or emergency,

23 in coordination with appropriate Federal and non24 Federal agencies, as determined by the President.
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1 ‘‘(2) DISTRIBUTION.—The Director shall ensure

2 that copies of the plan are widely distributed and

3 publicly available.

4 ‘‘(3) TRAINING EXERCISES.—The plan shall in5 clude provisions for annual training exercises to be

6 performed by designated participants in the plan,

7 State and local entities, and private relief agencies

8 to test their disaster preparedness capability.

9 ‘‘(4) OPERATIONAL PLANS.—The Director shall

10 prepare operational plans to accompany the Presi11 dential Response Plan, not later than 1 year after

12 the date of enactment of the Federal Disaster Pre13 paredness and Response Act of 1993, that shall—

14 ‘‘(A) describe the chain of command;

15 ‘‘(B) describe the specific duties of all Fed16 eral agencies involved;

17 ‘‘(C) describe the relationship between, and

18 the respective duties of, Federal, State, and

19 local governments, and private relief agencies;

20 ‘‘(D) be prepared for specific geographic

21 regions designated by the Director;

22 ‘‘(E) be based on a comprehensive risk as23 sessment of the United States, undertaken by

24 the Director, that assesses the probability and

25 severity of natural or man-made disasters oc-
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1 curring and having a severe impact on public

2 health, safety, and property within various re3 gions;

4 ‘‘(F) ensure consistency with the emer5 gency operations plans of the State and local

6 governments in the region;

7 ‘‘(G) support the development of mutual

8 aid agreements between and among the States

9 and local governments;

10 ‘‘(H) include specific systems and stand11 ardized plans for mutual aid, incident manage12 ment, and emergency communications between

13 State, regional, and local entities for the pur14 pose of coordinating and integrating all emer15 gency management activities; and

16 ‘‘(I) specify the participation of representa17 tives from civilian disaster management and

18 local fire and emergency service response

19 communities.

20 ‘‘(d) NATIONAL DISASTER MEDICAL SYSTEM.—

21 ‘‘(1) TRANSFER OF FUNCTIONS.—The func22 tions, personnel, facilities, and equipment of the Na23 tional Disaster Medical System (referred to in this

24 section as the ‘System’) are transferred from the

25 Department of Health and Human Services to a new
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1 directorate, to be established within FEMA not later

2 than 60 days after the date of enactment of the

3 Federal Disaster Preparedness and Response Act of

4 1993.

5 ‘‘(2) PURPOSE OF SYSTEM.—It shall be the

6 purpose of the System to prepare for and respond to

7 major disasters, catastrophic disasters, and emer8 gencies that require medical assistance in excess of

9 the medical service capabilities of the affected

10 States. The System shall provide for—

11 ‘‘(A) medical assistance to a disaster area

12 through disaster medical assistance teams;

13 ‘‘(B) evacuation of patients that cannot be

14 cared for locally; and

15 ‘‘(C) hospitalization through a national

16 network of medical care facilities that agree to

17 provide medical care to disaster victims.

18 ‘‘(3) LOCAL RESOURCES.—The services of the

19 System shall supplement and not supplant State and

20 local medical resources.

21 ‘‘(4) COORDINATION OF SERVICES.—The Direc22 tor and the Secretary of Defense shall establish pro23 cedures, roles, and responsibilities for the provision

24 of medical care in the event of a catastrophic disas-
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1 ter to ensure coordination between the System and

2 the Department of Defense.

3 ‘‘(5) MILITARY CASUALTIES.—The System shall

4 be made available to care for military casualties

5 evacuated to the United States in the event that the

6 medical care capabilities of the Department of De7 fense and the Department of Veterans Affairs are

8 exceeded.

9 ‘‘(6) EVALUATION.—Not later than 180 days

10 after the date of enactment of the Federal Disaster

11 Preparedness and Response Act of 1993, the Direc12 tor shall evaluate the performance of the System

13 and the degree to which the System fulfills the in14 tended mission of the System, and make rec15 ommendations to the President and Congress re16 garding potential improvements in the operations of

17 the System.

18 ‘‘(7) DISASTER MEDICAL ASSISTANCE TEAMS.—

19 ‘‘(A) ESTABLISHMENT.—Not later than 1

20 year after the date of enactment of the Federal

21 Disaster Preparedness and Response Act of

22 1993, the Director shall—

23 ‘‘(i) take steps necessary to ensure

24 that not fewer than 20 disaster medical as-
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1 sistance teams are established and are

2 made operational; and

3 ‘‘(ii) develop standards and guidelines

4 for equipment, staffing, operations, and

5 regular training of the disaster medical as6 sistance teams.

7 ‘‘(B) EMPLOYMENT SECURITY.—A volun8 teer who leaves a position (other than a tem9 porary position) in the service of an employer to

10 perform services in conjunction with a disaster

11 medical assistance team, and makes application

12 for reemployment within 90 days after the com13 pletion of service or release from hospitalization

14 continuing after completion of service for a

15 period of not more than 1 year shall—

16 ‘‘(i) if still qualified to perform the

17 duties of the position or able to become

18 requalified with reasonable efforts by the

19 employer, be restored to the position or to

20 a position of like seniority, status, and pay;

21 or

22 ‘‘(ii) if not qualified to perform the

23 duties of the position or able to become

24 requalified with reasonable efforts by the

25 employer, by reason of disability sustained
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1 during service, but qualified to perform the

2 duties of any other position in the employ

3 of the employer, be offered employment

4 and, if the person so requests, be employed

5 in such other position the duties of which

6 the person is qualified to perform as will

7 provide the person like seniority, status,

8 and pay, or the nearest approximation of

9 seniority, status, and pay, consistent with

10 the circumstances of the case, unless the

11 circumstances of the employer have so

12 changed as to make it impossible or unrea13 sonable to do so.

14 ‘‘(C) CONSTRUCTION WITH OTHER

15 LAWS.—Nothing in this subsection shall excuse

16 noncompliance with any law of a State or politi17 cal subdivision establishing greater or additional

18 rights or protections than the rights and protec19 tions established under this subsection.

20 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—

21 Beginning with fiscal year 1994, there are author22 ized to be appropriated to the National Disaster

23 Medical System $20,000,000 for each fiscal year, of

24 which $5,000,000 shall be available for the Disaster

25 Medical Assistance Teams.
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1 ‘‘(e) ROLE OF NATIONAL GUARD.—

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

3 cooperation with the Director, shall direct the Chief,

4 National Guard Bureau, to review the role of the

5 National Guard in responding to major disasters

6 and emergencies and make recommendations to the

7 President. The recommendations shall address—

8 ‘‘(A) how the National Guard could better

9 prepare for and respond to major disasters and

10 emergencies;

11 ‘‘(B) how the force structure of the Na12 tional Guard could be adjusted to provide Gov13 ernors with improved immediate access to criti14 cal assets during an emergency;

15 ‘‘(C) how the National Guard should be in16 tegrated with the Presidential Response Plan;

17 ‘‘(D) how the National Guard should co18 ordinate with the Disaster Medical Assistance

19 Teams in preparing for and responding to dis20 asters and emergencies; and

21 ‘‘(E) the development by the Chief, Na22 tional Guard Bureau, of a format for an inter23 state compact that, when subscribed to by the

24 States, facilitates the mutual use of National
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1 Guard assets across State borders during na2 tional disasters and domestic emergencies.

3 ‘‘(2) STUDY.—Not later than 30 days after the

4 date of enactment of the Federal Disaster Prepared5 ness and Response Act of 1993, the Director shall

6 contract with the National Academy of Public Ad7 ministration for a study to determine the proper

8 roles of the Adjutant Generals of the States and the

9 National Guard in preparing for and responding to

10 natural disasters and domestic emergencies.

11 ‘‘(3) REPORT.—Not later than 1 year after the

12 date of enactment of the Federal Disaster Prepared13 ness and Response Act of 1993, the Secretary of De14 fense shall report to the President and Congress on

15 the results of the review conducted pursuant to

16 paragraph (1) and the study conducted pursuant to

17 paragraph (2).

18 ‘‘(4) ALL HAZARDS RESPONSE TRAINING.—The

19 Chief, National Guard Bureau, shall require Na20 tional Guard units or members to participate in spe21 cialized training and exercises designed to enhance

22 the readiness of the National Guard to respond to

23 all hazards. Up to 5 percent of the funds appro24 priated for the military pay and operations and
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1 maintenance of the Army and Air National Guard

2 may be used to fund the training and exercises.

3 ‘‘(5) INTERSTATE MUTUAL ASSISTANCE COM4 PACT.—The States are encouraged to enter into a

5 nationwide compact for the mutual use of National

6 Guard assets across State borders during domestic

7 disasters and emergencies.

8 ‘‘(6) RESPONSE TO DISASTERS AND REIM9 BURSEMENT FOR AUTHORIZED ACTIVITIES.—To en10 sure more effective and rapid responses by National

11 Guard units to natural disasters and domestic emer12 gencies, the Chief, National Guard Bureau, is au13 thorized to approve reimbursement to a State or

14 States for all or any part of expenses incurred as a

15 result of the use of the National Guard in any natu16 ral disaster or domestic emergency at the onset of

17 the disaster or domestic emergency in any instance

18 in which, in the judgment of the Governor of the af19 fected State, it is probable that the occurrence will

20 result in a declaration of a national emergency.

21 ‘‘(A) ELIGIBILITY.—For a State to be eli22 gible for reimbursement under this subsection

23 for deployment of its National Guard units in

24 support of a natural disaster and domestic
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1 emergency, the National Guard units must be

2 deployed in a State active duty status.

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

4 for disbursement to the States under this sub5 section shall come from the funds appropriated

6 to the disaster relief fund.

7 ‘‘(C) APPROVAL.—A request by a Governor

8 for reimbursement for use of the National

9 Guard of the State shall be submitted to the

10 Director, and the Director, upon validation of

11 eligible activities, shall issue the necessary fund12 ing documents to effect reimbursement to the

13 State.

14 ‘‘(D) CONSISTENCE WITH ACT.—In in15 stances of natural disasters and domestic emer16 gencies that result in a Federal declaration of

17 a disaster or emergency by the President, the

18 Director shall ensure that all funding reim19 bursement is in accordance with this Act, at a

20 Federal share rate determined for that

21 occurrence.

22 ‘‘(7) TRAINING AND COORDINATION WITH

23 STATE ENTITIES.—

24 ‘‘(A) AUTHORIZATION OF APPROPRIA25 TIONS.—There are authorized to be appro-
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1 priated $5,000,000 to the National Guard

2 through FEMA to conduct disaster and emer3 gency training exercises in conjunction with ap4 propriate State and local entities.

5 ‘‘(B) ALLOCATION.—The Director shall al6 locate the funds made available under subpara7 graph (A) to the States.

8 ‘‘(C) USE OF FUNDS.—

9 ‘‘(i) IN GENERAL.—Funds made avail10 able under this paragraph shall be used to

11 enhance the preparedness of State and

12 local governments for disasters and emer13 gencies.

14 ‘‘(ii) MINIMUM TRAINING.—The Na15 tional Guard shall be required to conduct

16 at least 2 disaster preparedness training

17 exercises annually in every State, in con18 junction with appropriate State and local

19 entities.

20 ‘‘(f) DISASTER RESOURCE INVENTORY.—

21 ‘‘(1) IN GENERAL.—Not later than 1 year after

22 the date of enactment of the Federal Disaster Pre23 paredness and Response Act of 1993, the Director

24 shall complete an inventory of resources that are

25 available to the Federal Government, including med-
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1 ical assets and foreign language communication,

2 through public or private entities, for use or deploy3 ment, or both, in disaster relief or search and rescue

4 operations following a major disaster, catastrophic

5 disaster, or emergency. Each item in the inventory

6 shall include the information necessary for prompt

7 access to the resource.

8 ‘‘(2) ORGANIZATION.—The inventory shall be

9 organized to facilitate the dispatch of resources on

10 a regional basis. This paragraph shall not be con11 strued to preclude the dispatch of specialized equip12 ment or scarce resources from outside the geo13 graphic proximity of the disaster or emergency.

14 ‘‘(3) AVAILABILITY.—The Director shall ensure

15 that the inventory is made available to the Governor

16 of each State for the purposes of formulating a re17 quest for the declaration of a major disaster, cata18 strophic disaster, or emergency.

19 ‘‘(4) MAINTENANCE.—The Director shall en20 sure that information contained in the inventory is

21 current and accurate.

22 ‘‘(5) STATE PARTICIPATION.—

23 ‘‘(A) IN GENERAL.—Not later than 90

24 days after the establishment of the inventory,

25 the Director shall request each Governor of a
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1 State to identify the State Coordinating Officer

2 and other public safety officials who are respon3 sible for coordinating or overseeing State and

4 local response to disasters and emergencies in

5 the State.

6 ‘‘(B) ACCESS.—A public safety official des7 ignated under subparagraph (A) shall have di8 rect and immediate access to the information

9 contained in the inventory to expedite State and

10 local responses to disasters and emergencies not

11 declared by the President.

12 ‘‘(g) VOLUNTEERS.—Not later than 180 days after

13 the date of enactment of the Federal Disaster Prepared14 ness and Response Act of 1993, the Director shall—

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

16 systems of private relief agencies to manage and uti17 lize spontaneous disaster volunteers to carry out pri18 ority disaster response services; and

19 ‘‘(2) report to Congress on the system.

20 ‘‘(h) DONATED GOODS.—Not later than 180 days

21 after the date of enactment of the Federal Disaster Pre22 paredness and Response Act of 1993, the Director shall—

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

24 goods donated to the Federal Government to support

25 disaster victims; and
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1 ‘‘(2) report to Congress on the system.’’.

2 SEC. 6. PREDECLARATION AUTHORITY.

3 Title II of the Robert T. Stafford Disaster Relief and

4 Emergency Assistance Act (42 U.S.C. 5131 et seq.) is

5 amended by adding at the end the following new section:

6 ‘‘SEC. 203. PREDECLARATION AUTHORITY.

7 ‘‘(a) AUTHORITY.—When, in the determination of the

8 Director, events indicate that an emergency, major disas9 ter or catastrophic disaster is likely to be declared, a Fed10 eral agency, in consultation with the Director, may take

11 such actions as the agency considers necessary to prepare

12 to provide Federal assistance to State and local govern13 ments and to disaster victims.

14 ‘‘(b) REIMBURSEMENT.—The Federal agency shall be

15 reimbursed by the disaster relief fund for the cost of ac16 tions taken in accordance with this section.’’.

17 SEC. 7. DOMESTIC CRISIS MONITORING UNIT.

18 (a) ESTABLISHMENT.—Not later than 30 days of the

19 date after the enactment of this section, the President

20 shall establish a unit within the White House to be known

21 as the ‘‘Domestic Crisis Monitoring Unit’’.

22 (b) HEAD.—The Domestic Crisis Preparedness and

23 Monitoring Unit shall be headed by the Vice President.

24 (c) OTHER PARTICIPANTS.—The Cabinet Secretary,

25 or a designee of the Secretary, and the Director, or a des-
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1 ignee of the Director, shall be detailed to the unit upon

2 activation.

3 (d) RESPONSIBILITIES.—The head of the Domestic

4 Crisis Monitoring Unit shall—

5 (1) monitor potential and pending disasters and

6 emergencies;

7 (2) notify the President and Federal agencies of

8 impending disasters and emergencies as soon as

9 practicable; and

10 (3) ensure effective, coordinated, and rapid

11 Federal agency response in the immediate aftermath

12 of a catastrophic disaster or emergency.

13 (e) COORDINATION OF ACTIVITIES.—The head of the

14 Domestic Crisis Monitoring Unit shall coordinate with the

15 Director and the Governors of States affected by a cata16 strophic disaster or emergency or in which a catastrophic

17 disaster or emergency is likely to be declared.

18 (f) ACTIVATION.—The President shall activate the

19 Domestic Crisis Monitoring Unit during the warning

20 stages of a major or catastrophic disaster, or immediately

21 following a catastrophic disaster when there is no warning,

22 and shall remain activated until the President determines

23 that continued activation is unwarranted.

24 (g) ROLE OF FEDERAL COORDINATING OFFICER.—
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1 (1) CHIEF OF PRESIDENTIAL RESPONSE

2 PLAN.—After activation of the Domestic Crisis Mon3 itoring Unit, the Federal Coordinating Officer shall

4 retain authority as the chief administrator of the

5 Presidential Response Plan.

6 (2) COORDINATION OF PLAN PARTICIPANTS.—

7 The Federal Coordinating Officer shall coordinate

8 the activities of the participants of the Plan, includ9 ing consulting with participating agencies to deter10 mine disaster response priorities and directing par11 ticipating agencies to carry out assignments as

12 needed.

13 SEC. 8. DAMAGE AND NEEDS ASSESSMENT.

14 (a) IN GENERAL.—Title III of the Robert T. Stafford

15 Disaster Relief and Emergency Assistance Act (42 U.S.C.

16 5141 et seq.) is amended—

17 (1) by redesignating sections 304 through 321

18 as sections 305 through 322, respectively; and

19 (2) by inserting immediately after section 303,

20 the following new section:

21 ‘‘SEC. 304. DISASTER ASSESSMENT TEAMS.

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

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

24 establish disaster assessment teams to be deployed at the

25 discretion of the Director to a staging area near the im-
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1 pact area at the request of a governor of an affected State,

2 or to an area where a major disaster, catastrophic disas3 ter, or emergency is likely to be declared. The Director

4 or other FEMA official designated by the Director shall

5 lead each such assessment team, which shall have the pur6 pose of assessing damage and resulting needs.

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

8 experts and officials from appropriate Federal agencies,

9 including FEMA and the Department of Defense, sup10 ported by representatives of State and local agencies, and

11 private relief agencies, to serve on the disaster assessment

12 teams.

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

14 the request of the Director, the head of any Federal

15 agency shall detail to temporary duty with an assessment

16 team on a nonreimbursable basis, such personnel within

17 the administrative jurisdiction of the head of the Federal

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

19 for carrying out the functions of the assessment team.

20 Each such detail shall be without loss of seniority, pay,

21 or other employee status.

22 ‘‘(d) EXERCISES.—The assessment teams shall con23 duct practice exercises at least annually, including officials

24 from appropriate Federal, State, and local agencies.

25 ‘‘(e) DAMAGE AND NEEDS ASSESSMENT.—
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1 ‘‘(1) IN GENERAL.—Not later than 3 hours

2 after the onset of a potential or actual catastrophic

3 disaster, the Director shall deploy an assessment

4 team established under subsection (a) to evaluate

5 the extent of the damage and the resulting needs for

6 authorized Federal disaster relief assistance.

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

8 after deployment, the assessment team shall make

9 recommendations to the Director, the President, and

10 the Governors of the affected States regarding the

11 damage and the resources needed to provide life sup12 port to the affected areas. The assessment team

13 shall recommend whether the disaster should be

14 classified as a catastrophic disaster or a major

15 disaster.

16 ‘‘(3) COORDINATION WITH STATE AND LOCAL

17 OFFICIALS.—The damage and needs assessments

18 shall be conducted in coordination with the State

19 and local officials of the affected area.’’.

20 (b) CONFORMING AMENDMENT.—Section 408(d)(2)

21 of such Act (42 U.S.C. 5176(d)(2)) is amended by striking

22 ‘‘308’’ and inserting ‘‘309’’.
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1 SEC. 9. CATASTROPHIC DISASTERS.

2 Title IV of the Robert T. Stafford Disaster Relief and

3 Emergency Assistance Act (42 U.S.C. 5170 et seq.) is

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

5 ‘‘SEC. 426. CATASTROPHIC DISASTERS.

6 ‘‘(a) DECLARATION.—

7 ‘‘(1) RECOMMENDATION BY DISASTER ASSESS8 MENT TEAMS.—At the onset of a disaster in which

9 the disaster assessment teams established under sec10 tion 304(a) have been deployed, or immediately

11 thereafter, the disaster assessment teams shall make

12 concurrent recommendations to the Director, the

13 President, and the Governors of the affected States,

14 the Director, and the President as to whether the

15 disaster should be declared a catastrophic disaster.

16 ‘‘(2) REQUEST FOR DECLARATION.—A request

17 for a declaration by the President that a cata18 strophic disaster exists shall be made by the Gov19 ernor of each affected State seeking such declara20 tion. A request for a major disaster declaration com21 plying with the requirements of section 401 may ac22 company the request for a declaration of a cata23 strophic disaster.

24 ‘‘(3) FINAL DETERMINATION.—Based on a re25 quest or requests under paragraph (2), the Presi26 dent may declare that a catastrophic disaster, a
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1 major disaster, or an emergency exists. A determina2 tion by the President that a catastrophic disaster or

3 an emergency exists shall be final.

4 ‘‘(b) EFFECT OF DETERMINATION.—

5 ‘‘(1) FEDERAL SHARE.—Notwithstanding sub6 sections (b) and (c)(4) of section 403, the Federal

7 share of the eligible cost of essential direct Federal

8 assistance necessary to sustain life or to protect

9 property following a catastrophic disaster declaration

10 shall be—

11 ‘‘(A) for the first 72 hours (and for up to

12 an additional 96 hours, at the discretion of the

13 President) 100 percent; and

14 ‘‘(B) after the assistance provided under

15 subparagraph (A), not less than 75 percent.

16 ‘‘(2) DISASTER RESPONSE AND MASS CARE.—

17 Upon the declaration of a catastrophic disaster, the

18 Federal Coordinating Officer shall assume an active

19 role in determining whether ancillary resources, such

20 as the resources of the Department of Defense, are

21 required to support any disaster response function.

22 Upon the determination that ancillary resources are

23 required for mass care, the Federal Coordinating Of24 ficer will actively assist the American Red Cross in

25 obtaining the resources of the Federal agencies.
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1 ‘‘(3) RESPONSIBILITY OF THE DEPARTMENT OF

2 DEFENSE.—

3 ‘‘(A) IN GENERAL.—Following the declara4 tion of a catastrophic disaster, the Secretary of

5 Defense shall, when requested by the President

6 and with the concurrence of the Governor of the

7 affected State, provide to persons adversely af8 fected by the disaster, disaster response services

9 not otherwise available from State, local, or vol10 unteer agencies, including—

11 ‘‘(i) food, water, and shelter;

12 ‘‘(ii) communications;

13 ‘‘(iii) debris removal;

14 ‘‘(iv) medical assistance; and

15 ‘‘(v) any other services necessary to

16 sustain human life or to promote recovery.

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

18 Defense shall be reimbursed by the disaster re19 lief fund for the provision of disaster response

20 services described in subparagraph (A).

21 ‘‘(C) DIRECTION OF ACTIVITIES.—The

22 provision of disaster response services under

23 subparagraph (A) and the administration of re24 lief by consenting State, local, and volunteer

25 agencies shall be directed by the Federal Co-
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•S 1697 RS

1 ordinating Officer in consultation with the Vice

2 President in coordination with the Governors of

3 the affected States or a designee of the Gov4 ernors. After a declaration of a catastrophic

5 disaster, specific requests by the Governors for

6 the individual disaster response services de7 scribed in subparagraph (A) shall not be

8 necessary.

9 ‘‘(D) TRAINING.—The Secretary of De10 fense shall undertake necessary training and ex11 ercises to ensure preparedness for this humani12 tarian mission.

13 ‘‘(E) CONTINGENCY PLAN.—The Director

14 shall develop a contingency plan for the provi15 sion of disaster response services described in

16 subparagraph (A) in the event that sufficient

17 disaster response services are unavailable under

18 subparagraph (A).

19 ‘‘(4) ADDITIONAL ASSISTANCE.—The assistance

20 provided in this subsection shall supplement and not

21 supplant the major disaster assistance programs

22 provided in titles IV and V.’’.

23 SEC. 10. TARGETED EMERGENCY GRANTS.

24 (a) IN GENERAL.—Title II of the Robert T. Stafford

25 Disaster Relief and Emergency Assistance Act (42 U.S.C.
29

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1 5131 et seq.) is further amended by adding at the end

2 the following new section:

3 ‘‘SEC. 204. TARGETED EMERGENCY GRANTS.

4 ‘‘(a) IN GENERAL.—

5 ‘‘(1) ESTABLISHMENT.—The Director shall es6 tablish a grant program for the purposes of enabling

7 State and local governments—

8 ‘‘(A) to mitigate, prepare for, and respond

9 to major disasters or emergencies;

10 ‘‘(B) to construct and maintain State and

11 local emergency operating centers;

12 ‘‘(C) to develop, install, and maintain

13 emergency communications systems; and

14 ‘‘(D) to evaluate potential hazards in the

15 State.

16 ‘‘(2) APPLICATION.—Application for a grant

17 shall be made by the Governor of an affected State,

18 and shall be reviewed by the Director.

19 ‘‘(3) BASIS FOR AWARDS.—The Director shall

20 determine eligibility for grant awards under this sec21 tion based on compliance with the performance

22 standards described in subsection (b), and on equal

23 consideration of—

24 ‘‘(A) the risk of occurrence of major disas25 ters or emergencies; and
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1 ‘‘(B) the population of each State applying

2 for a grant.

3 ‘‘(4) DISTRIBUTION TO LOCAL JURISDIC4 TIONS.—Each recipient State shall allocate a portion

5 of the grant award, in an amount to be determined

6 by the Director, to local participating jurisdictions.

7 ‘‘(b) PERFORMANCE STANDARDS.—

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

9 after the date of enactment of this section, the Di10 rector shall establish performance standards to de11 termine eligibility and application procedures for a

12 grant award under this section.

13 ‘‘(2) CRITERIA.—The performance standards

14 shall be based on the relative severity of risk to pub15 lic health, safety, and property at risk in the State,

16 and shall include provisions for—

17 ‘‘(A) updating emergency operations plans

18 annually;

19 ‘‘(B) ensuring interoperability between

20 Federal, State, and local emergency operations

21 plans;

22 ‘‘(C) conducting training and annual exer23 cises with all appropriate entities including the

24 National Guard; and
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•S 1697 RS

1 ‘‘(D) requiring appropriate hazard mitiga2 tion activities.

3 ‘‘(3) PERFORMANCE REVIEW.—The Director

4 shall conduct annual performance reviews of State

5 emergency operations plans based on the criteria de6 scribed in paragraph (2).

7 ‘‘(4) NOTIFICATION.—The Director shall notify

8 a State that does not meet the performance stand9 ards within 60 days of review. In the notice, the Di10 rector shall direct the State as to the steps that

11 must be taken to meet the performance standards.

12 ‘‘(5) OPPORTUNITY TO COMPLY.—A State that

13 does not meet the performance standards shall be

14 given an additional 60 days to comply.

15 ‘‘(c) FEDERAL SHARE OF GRANT.—The Federal

16 share of a grant under this section shall be 75 percent

17 of the cost of the emergency preparedness activities of the

18 State.

19 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to carry out this section

21 $200,000,000 for each of fiscal years 1994 through

22 1998.’’.

23 (b) FEDERAL SHARE OF ASSISTANCE.—Title IV of

24 such Act (42 U.S.C. 5170 et seq.) is amended—
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1 (1) by redesignating sections 406 through 424

2 as sections 407 through 425, respectively; and

3 (2) by inserting immediately after section 405,

4 the following new section:

5 ‘‘SEC. 406. COMPLIANCE WITH PERFORMANCE STANDARDS.

6 ‘‘(a) IN GENERAL.—Notwithstanding any other pro7 vision of this Act, the Director shall establish a sliding

8 scale, in accordance with subsection (c), setting forth the

9 Federal share of the cost of eligible assistance following

10 a disaster or emergency for a State that is not in compli11 ance with the performance standards established under

12 section 204(b).

13 ‘‘(b) SLIDING SCALE.—On the sliding scale estab14 lished under subsection (a), the Federal share shall not

15 exceed 70 percent of the cost of long-term recovery for

16 each year the State remains out of compliance with the

17 performance standards. States that are not in compliance

18 with performance standards shall pay a greater share of

19 Federal assistance.’’.

20 (c) CONFORMING AMENDMENTS.—

21 (1) Section 106(c) of the Housing and Commu22 nity Development Act of 1974 (42 U.S.C. 5306(c))

23 is amended by striking paragraph (4).
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1 (2) Section 5(b)(2)(A) of the Earthquake Haz2 ards Reduction Act of 1977 (42 U.S.C.

3 7704(b)(2)(A)) is amended—

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

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

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

7 (3) The Robert T. Stafford Disaster Relief and

8 Emergency Assistance Act is amended—

9 (A) in section 312 (as so redesignated in

10 section 8(a)(1) of this Act)—

11 (i) by striking ‘‘406’’ each place it ap12 pears, and inserting ‘‘407’’; and

13 (ii) by striking ‘‘422’’ each place it

14 appears, and inserting ‘‘423’’;

15 (B) in section 317 (as so redesignated in

16 section 8(a)(1) of this Act)—

17 (i) by striking ‘‘407’’ and inserting

18 ‘‘408’’; and

19 (ii) by striking ‘‘422’’ and inserting

20 ‘‘423’’;

21 (C) in section 403(c)(2), by striking

22 ‘‘407(b)’’ and inserting ‘‘408(b)’’;

23 (D) in section 405 (as so redesignated)—

24 (i) by striking ‘‘409’’ and inserting

25 ‘‘410’’; and
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1 (ii) by striking ‘‘406’’ and inserting

2 ‘‘407’’;

3 (E) in section 407(f)(2) (as so redesig4 nated in paragraph (1) of this subsection), by

5 striking ‘‘406, 407’’ and inserting ‘‘407, 408’’;

6 (F) in section 423 (as so redesignated)—

7 (i) by striking ‘‘407’’ each place it ap8 pears and inserting ‘‘408’’; and

9 (ii) by striking ‘‘406’’ each place it

10 appears, and inserting ‘‘407’’; and

11 (G) in section 502(a)—

12 (i) in paragraph (5), by striking

13 ‘‘407’’ and inserting ‘‘408’’; and

14 (ii) in paragraph (6), by striking

15 ‘‘408’’ and inserting ‘‘409’’.

16 SEC. 11. REORGANIZATION OF FEMA.

17 (a) IN GENERAL.—The Director shall restructure

18 FEMA to—

19 (1) implement an all hazards approach to disas20 ter management that includes activities and meas21 ures designed or undertaken to—

22 (A) minimize the effects of natural disas23 ters, civil disturbances, or attack-related emer24 gencies and disasters;
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•S 1697 RS

1 (B) respond to the immediate emergency

2 conditions that are created by the disasters; and

3 (C) effectuate emergency repairs to, or the

4 emergency restoration of, vital utilities and fa5 cilities destroyed or damaged by a disaster, sub6 ject to reimbursement by private utilities;

7 (2) utilize resources dedicated to defense-related

8 programs on the date of enactment of this Act to re9 spond to major disasters, catastrophic disasters, and

10 emergencies;

11 (3) redefine the relationship between the Direc12 tor and FEMA headquarters and regional offices to

13 ensure effective disaster planning and response; and

14 (4) reduce the number of regional offices and

15 locate the offices in areas the Director identifies as

16 high risk.

17 (b) REDESIGNATION OF EMPLOYEE POSITIONS.—

18 Not later than December 31, 1995, the following employee

19 positions within FEMA shall be classified as career re20 served positions within the meaning of section 3132(a)(8)

21 of title 5, United States Code:

22 (1) The position of Executive Director of

23 FEMA/Chief of Staff of FEMA.

24 (2) The position of Federal Insurance Adminis25 trator.
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1 (3) The positions of Regional Director of

2 FEMA, which shall be reduced in number.

3 (4) The position of General Counsel of FEMA.

4 (5) The position of Senior Advisor to the State

5 and Local Programs and Support Directorate.

6 (6) Positions of a confidential or policy-deter7 mining character described in schedule C of subpart

8 C of part 213 of title 5, Code of Federal Regula9 tions.

10 SEC. 12. NATIONAL ACADEMY OF FIRE AND EMERGENCY

11 PREPAREDNESS.

12 (a) ESTABLISHMENT.—The National Academy for

13 Fire Prevention and Control and the Emergency Manage14 ment Institute operated by FEMA are abolished and

15 merged into the National Academy of Fire and Emergency

16 Preparedness. The National Academy of Fire and Emer17 gency Preparedness shall provide appropriate education

18 for fire prevention and control of all hazards emergency

19 management.

20 (b) PURPOSE.—The primary purpose of the Academy

21 shall be first-response training for all hazards. Not less

22 than 50 percent of the resources of the Academy shall be

23 spent on training fire and emergency services profes24 sionals.
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1 (c) REDESIGNATION OF TRAINING ACADEMY.—Sec2 tion 7 of the Federal Fire Prevention and Control Act of

3 1974 (15 U.S.C. 2206) is amended—

4 (1) in subsection (a), by striking ‘‘National

5 Academy for Fire Prevention and Control’’ and in6 serting ‘‘National Academy of Fire and Emergency

7 Preparedness’’; and

8 (2) in subsection (d)—

9 (A) by striking ‘‘and’’ at the end of para10 graph (4);

11 (B) by striking the period at the end of

12 paragraph (5) and inserting ‘‘; and’’; and

13 (C) by adding at the end the following new

14 paragraph:

15 ‘‘(6) train employees of the Federal Emergency

16 Management Agency and State and local officials in

17 all hazards, as defined in section 102(11) of the

18 Robert T. Stafford Disaster Relief and Emergency

19 Assistance Act.’’.

20 (d) TRANSFER OF FUNCTIONS AND RESOURCES.—

21 The Director of the Federal Emergency Management

22 Agency shall transfer the functions, personnel, facilities,

23 and equipment of the Emergency Management Institute

24 existing on the date of enactment of this Act to the Na25 tional Academy of Fire and Emergency Preparedness.
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•S 1697 RS

1 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

2 17 of the Federal Fire Prevention and Control Act of 1974

3 (15 U.S.C. 2216) is amended by adding at the end the

4 following new subsection:

5 ‘‘(h) There are authorized to be appropriated for the

6 National Academy of Fire and Emergency Preparedness

7 $80,000,000 for each of fiscal years 1994 through 1998.’’.

8 (f) CONFORMING AMENDMENT.—Section 4 of such

9 Act (15 U.S.C. 2203) is amended by striking ‘‘National

10 Academy for Fire Prevention and Control’’ and inserting

11 ‘‘National Academy of Fire and Emergency Prepared12 ness’’.

13 SEC. 13. RESEARCH CENTER.

14 Title VI of the Robert T. Stafford Disaster Relief and

15 Emergency Assistance Act (42 U.S.C. 5101 et seq.) is

16 amended by adding at the end the following new section:

17 ‘‘SEC. 605. RESEARCH CENTER.

18 ‘‘(a) ESTABLISHMENT.—Not later than 1 year after

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

20 establish a university-based research center to—

21 ‘‘(1) conduct research on disaster management

22 methods, technologies, mitigation and response sys23 tems;

24 ‘‘(2) develop a curriculum for disaster manage25 ment and related fields curriculum; and
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•S 1697 RS

1 ‘‘(3) provide education and training to the

2 emergency response community.

3 ‘‘(b) COMPOSITION.—The university or universities

4 shall be selected by the Director following a competitive

5 selection process.

6 ‘‘(c) REPORT.—The center shall report annually to

7 the President and Congress on the activities of the

8 consortium.

9 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to carry out this section

11 $5,000,000 for each of fiscal years 1994 and 1995.’’.

12 SEC. 14. REPEAL OF CIVIL DEFENSE ACT.

13 (a) REPEAL.—The Federal Civil Defense Act of 1950

14 (50 U.S.C. App. 2251 et seq.) is repealed.

15 (b) CONFORMING AMENDMENTS.—

16 (1) Section 813(d)(2) of the Agricultural Act of

17 1970 (7 U.S.C. 1427a(d)(2)) is amended by striking

18 ‘‘as proclaimed’’ and all that follows through the

19 period and inserting a period.

20 (2) Section 310 of title 23, United States Code,

21 is amended by striking ‘‘Federal Civil Defense Ad22 ministrator’’ and inserting ‘‘Director of the Federal

23 Emergency Management Agency’’.
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•S 1697 RS

1 (3) Section 202 of the Robert T. Stafford Dis2 aster Relief and Emergency Assistance Act (42

3 U.S.C. 5132) is amended—

4 (A) by striking subsection (c); and

5 (B) by redesignating subsection (d) as sub6 section (c).

7 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

9 ‘‘Federal Disaster Preparedness and Response Act of 1994’’.

10 (b) TABLE OF CONTENTS.—The table of contents of this

11 Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purposes.

Sec. 4. Definitions.

Sec. 5. Presidential Response Plan.

Sec. 6. Predeclaration authority.

Sec. 7. Domestic Crisis Monitoring Unit.

Sec. 8. Damage and needs assessment.

Sec. 9. Federal response and recovery assistance for catastrophic disasters.

Sec. 10. Targeted emergency grants.

Sec. 11. FEMA structure and organization.

Sec. 12. National Academy for Fire Prevention and Control and Emergency

Management Institute.

Sec. 13. Research centers.

Sec. 14. Repeal of Federal Civil Defense Act.

Sec. 15. Prevention of fraud following emergencies and disasters.

Sec. 16. FEMA region for the Pacific.

Sec. 17. Native Americans.

12 SEC. 2. FINDINGS.

13 Congress finds that—

14 (1) the Federal Government should give imme15 diate attention to developing a broad risk-based strat16 egy for improving Federal preparedness for and re17 sponse to major disasters;
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1 (2) the all hazards approach is the best way to

2 prepare the United States for all disasters and emer3 gency situations;

4 (3) all reasonable actions should be taken to

5 mitigate the effects of disasters;

6 (4) initial response to disasters and emergency

7 situations is made by State and local emergency serv8 ice agencies, whose capabilities must therefore be

9 maintained and strengthened;

10 (5) fire service agencies, police, public works

11 agencies, emergency medical teams, and emergency

12 managers perform a critical function of first response

13 to fire and other hazards, and should be recognized

14 for performing this function;

15 (6) the American National Red Cross, Salvation

16 Army, Mennonite Disaster Services, and other relief

17 or disaster assistance organizations have made, and

18 will continue to make, valuable contributions in re19 sponding to disasters nationwide by providing chan20 nels for the generous sharing of time and resources

21 with persons in need;

22 (7) private nonprofit organizations play an im23 portant role in disaster relief operations, and are an

24 essential element of disaster preparedness, response,

25 and recovery efforts; and
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1 (8) training and hazard mitigation are impor2 tant preventive measures and are vital elements in

3 disaster preparedness and recovery.

4 SEC. 3. PURPOSES.

5 The purposes of this Act are—

6 (1) to improve Federal Government preparedness

7 for and response to disasters that overwhelm the abil8 ity of State, local, and volunteer agencies to ade9 quately provide victims of the disasters with services

10 necessary to sustain life;

11 (2) to shift the emphasis of the Federal Emer12 gency Management Agency to a risk-based strategy to

13 improve preparedness for all hazards; and

14 (3) to emphasize the mission of FEMA to provide

15 for mitigation, preparedness, response, and recovery

16 for all hazards.

17 SEC. 4. DEFINITIONS.

18 (a) IN GENERAL.—As used in this Act, the terms ‘‘all

19 hazards’’, ‘‘catastrophic disaster’’, ‘‘emergency’’, ‘‘Director’’,

20 ‘‘FEMA’’, and ‘‘major disaster’’ have the meanings pro21 vided in section 102 of the Robert T. Stafford Disaster Re22 lief and Emergency Assistance Act (42 U.S.C. 5122) (as

23 amended by subsection (b)).
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1 (b) STAFFORD ACT.—Section 102 of the Robert T.

2 Stafford Disaster Relief and Emergency Assistance Act (42

3 U.S.C. 5122) is amended—

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

5 following new paragraph:

6 ‘‘(2) MAJOR DISASTER.—The term ‘major disas7 ter’ means—

8 ‘‘(A) any natural catastrophe (including

9 any hurricane, tornado, storm, high water,

10 winddriven water, tidal wave, tsunami, earth11 quake, volcanic eruption, landslide, mudslide,

12 snowstorm, or drought);

13 ‘‘(B) any fire, flood, or explosion, in any

14 part of the United States (regardless of cause); or

15 ‘‘(C) a catastrophe resulting from an event

16 described in paragraph (10);

17 that, in the determination of the President, causes

18 damage of sufficient severity and magnitude to war19 rant major disaster assistance under this Act to sup20 plement the efforts and available resources of States,

21 local governments, and disaster relief organizations in

22 alleviating the damage, loss, hardship, or suffering

23 caused by the event.’’; and

24 (2) by adding at the end the following new

25 paragraphs:
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1 ‘‘(10) ALL HAZARDS.—The term ‘all hazards’

2 means natural or human-caused events that may re3 sult in emergencies, major disasters, or catastrophic

4 disasters.

5 ‘‘(11) CATASTROPHIC DISASTER.—The term ‘cat6 astrophic disaster’ means any event described in sub7 paragraph (A), (B), or (C) of paragraph (2) that, in

8 the determination of the President, destroys the infra9 structure of a State and local government to the ex10 tent that the State and local government can no

11 longer perform the governmental functions of saving

12 lives and protecting public health and safety.

13 ‘‘(12) DIRECTOR.—The term ‘Director’ means

14 the Director of FEMA.

15 ‘‘(13) FEMA.—The term ‘FEMA’ means the

16 Federal Emergency Management Agency.’’.

17 SEC. 5. PRESIDENTIAL RESPONSE PLAN.

18 Section 201 of the Robert T. Stafford Disaster Relief

19 and Emergency Assistance Act (42 U.S.C. 5131) is amend20 ed to read as follows:

21 ‘‘SEC. 201. FEDERAL AND STATE DISASTER PREPAREDNESS

22 PROGRAMS.

23 ‘‘(a) ESTABLISHMENT.—The President may establish

24 a program of disaster preparedness that utilizes services of

25 all appropriate agencies, and includes—
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•S 1697 RS

1 ‘‘(1) development of preparedness plans for the

2 mitigation of, warning of, emergency operations for,

3 rehabilitation from, and recovery from disasters;

4 ‘‘(2) training and exercises;

5 ‘‘(3) postdisaster evaluations;

6 ‘‘(4) review of programs;

7 ‘‘(5) coordination of Federal, State, and local

8 preparedness programs; and

9 ‘‘(6) application of research, science, and tech10 nology.

11 ‘‘(b) TECHNICAL ASSISTANCE.—The President shall

12 provide technical assistance to the States in developing com13 prehensive plans and programs regarding—

14 ‘‘(1) preparation for disasters, including hazard

15 reduction, avoidance, and mitigation;

16 ‘‘(2) assistance to individuals, businesses, and

17 State and local governments following the disasters;

18 and

19 ‘‘(3) recovery of damaged or destroyed public

20 and private facilities.

21 ‘‘(c) PRESIDENTIAL RESPONSE PLAN.—

22 ‘‘(1) ESTABLISHMENT.—Not later than 180 days

23 after the date of enactment of the Federal Disaster

24 Preparedness and Response Act of 1994, the Presi25 dent, acting through the Director, shall develop a
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•S 1697 RS

1 Presidential Response Plan (referred to in this section

2 as the ‘Plan’) to provide Federal assistance to a

3 State, if so requested by the Governor of the State,

4 impacted by an emergency, a major disaster, or a cat5 astrophic disaster declared by the President in coordi6 nation with appropriate Federal, State, local, and

7 private relief agencies and other organizations, as de8 termined by the President.

9 ‘‘(2) DISTRIBUTION.—The Director shall ensure

10 that copies of the Plan are widely distributed and

11 publicly available.

12 ‘‘(3) TRAINING EXERCISES.—The Plan shall in13 clude provisions for periodic training exercises held

14 on at least an annual basis, to be performed by des15 ignated participants in the Plan, State and local en16 tities, and private organizations, including relief

17 agencies, to test their disaster preparedness

18 capability.

19 ‘‘(4) OPERATING PROCEDURES.—Not later than

20 1 year after the date of enactment of the Federal Dis21 aster Preparedness and Response Act of 1994, the Di22 rector shall prepare standard operating procedures to

23 accompany the Plan. The procedures shall—

24 ‘‘(A) describe a chain of command for ac25 tivities carried out under the Plan;
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1 ‘‘(B) describe the specific duties of each Fed2 eral agency involved;

3 ‘‘(C) describe the relationship between, and

4 the respective duties of, Federal, State, and local

5 governments, and private organizations, includ6 ing relief agencies;

7 ‘‘(D) be based on a comprehensive risk as8 sessment of the United States, undertaken by the

9 Director, that analyzes the probability and sever10 ity of natural or manmade disasters occurring

11 that are likely to have a severe impact on public

12 health, safety, and property within various

13 regions;

14 ‘‘(E) provide for the preparation of plans

15 for areas that are particularly susceptible to cer16 tain natural or manmade disasters;

17 ‘‘(F) provide for the development of stand18 ardized criteria for State and local emergency

19 operating plans that are consistent with the

20 Plan;

21 ‘‘(G) support the development of mutual aid

22 agreements between and among States and local

23 governments; and

24 ‘‘(H) include specific systems and standard25 ized plans for mutual aid, incident management,
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1 and emergency communications between State,

2 regional, and local entities for the purpose of co3 ordinating and integrating all emergency man4 agement activities.

5 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

6 There are authorized to be appropriated to FEMA

7 $3,000,000 to support planning and other activities of

8 appropriate agencies under the Plan.

9 ‘‘(d) COORDINATION OF SERVICES UNDER THE NA10 TIONAL DISASTER MEDICAL SYSTEM.—The Director, the

11 Secretary of Health and Human Services, the Secretary of

12 Veterans Affairs, and the Secretary of Defense shall work

13 together to ensure that the assets of the National Disaster

14 Medical System are fully integrated into the Plan. The Sec15 retary of Health and Human Services shall develop proce16 dures, roles, and responsibilities for each component of the

17 System consistent with the provision of medical care in the

18 event of a catastrophic disaster.

19 ‘‘(e) ROLE OF STATE ADJUTANT GENERALS AND THE

20 NATIONAL GUARD DURING EMERGENCIES, MAJOR DISAS21 TERS, AND CATASTROPHIC DISASTERS.—

22 ‘‘(1) REVIEW.—

23 ‘‘(A) IN GENERAL.—The Director, in co24 operation with the Secretary of Defense and the

25 Chief of the National Guard Bureau, and in con-
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1 sultation with the Governors of States, shall con2 duct a review to determine the proper roles of the

3 adjutant generals of the States and the National

4 Guard in preparing for and responding to emer5 gencies, major disasters, and catastrophic disas6 ters, in relation to the Plan. The review shall

7 address—

8 ‘‘(i) how the National Guard could bet9 ter prepare for and respond to emergencies,

10 major disasters, and catastrophic disasters;

11 ‘‘(ii) whether and how the force struc12 ture of the National Guard could be im13 proved to provide Governors with enhanced

14 immediate access to critical assets during

15 emergencies, major disasters, and cata16 strophic disasters; and

17 ‘‘(iii) the development by the Chief of

18 the National Guard Bureau of a format for

19 the implementation of interstate and re20 gional compacts that, if agreed to by States,

21 facilitate the mutual use of National Guard

22 assets across State borders during emer23 gencies, major disasters, and catastrophic

24 disasters.
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1 ‘‘(B) REPORT.—Not later than 1 year after

2 the date of enactment of the Federal Disaster

3 Preparedness and Response Act of 1994, the Di4 rector shall report to Congress on the results of

5 the review.

6 ‘‘(2) ALL HAZARDS RESPONSE TRAINING.—

7 ‘‘(A) IN GENERAL.—The Chief of the Na8 tional Guard Bureau shall require National

9 Guard units or members to participate in spe10 cialized disaster preparedness training and an11 nual exercises in each State, in conjunction with

12 appropriate State and local authorities as nec13 essary, to enhance the readiness of the National

14 Guard to respond to all hazards.

15 ‘‘(B) FUNDING.—For each fiscal year, there

16 may be used to carry out subparagraph (A) not

17 more than 6 percent of the funds made available

18 for the military pay and operations and mainte19 nance of the Army and Air National Guard.

20 ‘‘(3) INTERSTATE MUTUAL ASSISTANCE COM21 PACTS.—It is the policy of Congress that the States

22 are encouraged to enter into interstate and regional

23 compacts to facilitate the mutual use of National

24 Guard assets across State borders during emergencies,

25 major disasters, and catastrophic disasters.
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1 ‘‘(4) TRAINING AND COORDINATION WITH STATE

2 ENTITIES.—

3 ‘‘(A) AUTHORIZATION OF APPROPRIA4 TIONS.—There are authorized to be appropriated

5 to FEMA for distribution to the National Guard

6 through the Governors of States $5,000,000 to

7 conduct disaster and emergency training exer8 cises in conjunction with appropriate State and

9 local entities.

10 ‘‘(B) USE OF FUNDS.—Funds made avail11 able under this paragraph shall be used to en12 hance the preparedness of State and local govern13 ments for emergencies, major disasters, and cata14 strophic disasters.

15 ‘‘(f) DISASTER RESOURCE INVENTORY.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) COMMENCEMENT OF INVENTORY.—Not

18 later than 60 days after the date of enactment of

19 the Federal Disaster Preparedness and Response

20 Act of 1994, the President, acting through the

21 Director, shall direct all appropriate Federal

22 agencies to conduct an inventory of selected re23 sources that are available within the Federal

24 Government, including medical assets and for25 eign language communication, for use or deploy-
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1 ment, or both, in disaster relief or search and

2 rescue operations following an emergency, a

3 major disaster, or a catastrophic disaster. The

4 listing for each resource in the inventory shall

5 include the information necessary for prompt ac6 cess to the resource.

7 ‘‘(B) COMPLETION OF INVENTORY.—The in8 ventory shall be completed not later than 1 year

9 after the date of enactment of the Federal Disas10 ter Preparedness and Response Act of 1994.

11 ‘‘(C) REVIEW AND UPDATE OF INVEN12 TORY.—The inventory shall be periodically re13 viewed and updated as necessary.

14 ‘‘(D) OTHER RESOURCES.—In cooperation

15 with private and nonprofit organizations, mu16 nicipal governments, and other entities, each

17 Federal agency, to the extent practicable, shall

18 determine the scope of resources, other than re19 sources described in subparagraph (A), that are

20 available to the Federal Government. The Direc21 tor shall compile the information.

22 ‘‘(2) ORGANIZATION.—The inventory shall be or23 ganized to facilitate the prompt dispatch of resources

24 on a regional basis.
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1 ‘‘(3) AVAILABILITY.—The Director shall ensure

2 that the list of resources in the inventory is made

3 available to the Governor of each State when so

4 requested.

5 ‘‘(4) STATE PARTICIPATION.—

6 ‘‘(A) IN GENERAL.—Not later than 90 days

7 after the completion of the inventory, the Direc8 tor shall request the Governor of each State to

9 identify a State coordinating officer who is re10 sponsible for managing State and local response

11 to disasters and emergency situations in the

12 State.

13 ‘‘(B) ACCESS.—The State coordinating offi14 cer identified under subparagraph (A) shall have

15 direct and immediate access to the information

16 contained in the inventory to expedite State and

17 local responses to disasters and emergency situa18 tions not subject to a declaration by the

19 President.

20 ‘‘(g) VOLUNTEERS AND DONATED GOODS.—Not later

21 than 180 days after the date of enactment of the Federal

22 Disaster Preparedness and Response Act of 1994, the Direc23 tor shall—

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

25 private relief agencies to manage and use disaster vol-
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1 unteers to carry out priority disaster response

2 services;

3 ‘‘(2) establish a system for the management of

4 goods donated to the Federal Government to assist

5 disaster victims;

6 ‘‘(3) encourage other Federal agencies, State and

7 local emergency management agencies, and private

8 and nonprofit organizations to adopt systems that are

9 compatible with the systems established pursuant to

10 paragraphs (1) and (2) and to promote training in

11 the implementation of the systems by the agencies and

12 organizations; and

13 ‘‘(4) report to Congress on the systems estab14 lished pursuant to paragraphs (1) and (2).

15 ‘‘(h) AUTHORIZED LEAVE FOR FEDERAL VOLUN16 TEERS.—

17 ‘‘(1) IN GENERAL.—Subject to paragraph (3), a

18 Federal employee who is a certified disaster service

19 volunteer of the American National Red Cross may be

20 granted leave from Federal employment with pay for

21 a period not to exceed 15 days per year to participate

22 in specialized disaster relief services for the American

23 National Red Cross, if—

24 ‘‘(A) the American National Red Cross re25 quests the services of the employee; and
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1 ‘‘(B) the appointing authority of the em2 ployee approves the grant of leave.

3 ‘‘(2) COMPENSATION.—The appointing authority

4 shall compensate an employee granted leave under

5 paragraph (1) at the regular rate of pay of the em6 ployee for the regular work hours during which the

7 employee is absent from work.

8 ‘‘(3) FEMA EMPLOYEES.—The Director may re9 quire an employee of FEMA granted leave under

10 paragraph (1) to perform the normal responsibilities

11 of the FEMA employee in responding to an emer12 gency, a major disaster, or a catastrophic disaster.’’.

13 SEC. 6. PREDECLARATION AUTHORITY.

14 Title II of the Robert T. Stafford Disaster Relief and

15 Emergency Assistance Act (42 U.S.C. 5131 et seq.) is

16 amended by adding at the end the following new section:

17 ‘‘SEC. 203. PREDECLARATION AUTHORITY.

18 ‘‘(a) AUTHORITY.—When the Director determines that

19 a disaster event is imminent, a Federal agency, under the

20 direction of the Director, may take such actions as the agen21 cy considers necessary to prepare to provide Federal assist22 ance to State and local governments and to disaster victims.

23 ‘‘(b) REIMBURSEMENT.—Reimbursement for actions

24 carried out under subsection (a) shall be consistent with the
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1 policies and procedures of the Presidential Response Plan

2 developed under section 201(c) and other applicable laws.’’.

3 SEC. 7. DOMESTIC CRISIS MONITORING UNIT.

4 (a) ESTABLISHMENT.—Not later than 60 days after

5 the date of enactment of this Act, the President shall estab6 lish a Domestic Crisis Monitoring Unit within the Execu7 tive Office of the President.

8 (b) HEAD.—The President shall designate the Vice

9 President or any official from within the Executive Office

10 of the President to serve as head of the Domestic Crisis Mon11 itoring Unit.

12 (c) OTHER PARTICIPANTS.—The Cabinet Secretary of

13 the Executive Office of the President, or a designee of the

14 Secretary, and the Director, or a designee of the Director,

15 shall be detailed to the Domestic Crisis Monitoring Unit

16 upon the activation of the Unit under subsection (e).

17 (d) RESPONSIBILITIES.—The head of the Domestic

18 Crisis Monitoring Unit shall—

19 (1) monitor imminent potential catastrophic

20 disasters;

21 (2) notify the President and Federal agencies of

22 imminent potential catastrophic disasters; and

23 (3) ensure effective, coordinated, and rapid Fed24 eral agency response to the aftermath of a cata25 strophic disaster.
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1 (e) ACTIVATION.—When a potential catastrophic disas2 ter appears imminent, or immediately following a cata3 strophic disaster, the President shall activate the Domestic

4 Crisis Monitoring Unit, which shall remain operational for

5 so long as the President determines to be necessary.

6 (f) COORDINATION OF ACTIVITIES.—The head of the

7 Domestic Crisis Monitoring Unit, in consultation with the

8 Director, shall coordinate response preparedness with the

9 Governors of States when a potential catastrophic disaster

10 appears imminent.

11 (g) DOMESTIC CRISIS UNIT ADMINISTRATION.—All

12 Federal departments and agencies shall cooperate with the

13 Domestic Crisis Monitoring Unit and shall provide such as14 sistance, information, and advice as requested, consistent

15 with applicable law.

16 (h) ROLE OF FEDERAL COORDINATING OFFICER.—

17 (1) CHIEF OF PRESIDENTIAL RESPONSE PLAN.—

18 After the activation of the Domestic Crisis Monitoring

19 Unit, the Director shall be the chief administrator of

20 the Presidential Response Plan developed under sec21 tion 201(c) of the Robert T. Stafford Disaster Relief

22 and Emergency Assistance Act (as amended by sec23 tion 5).

24 (2) DESIGNEE.—Notwithstanding section 302(a)

25 of such Act (42 U.S.C. 5143(a)), as soon as prac-
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1 ticable after the activation, the Director shall des2 ignate an individual to serve as the Federal coordi3 nating officer.

4 (3) COORDINATION OF PLAN PARTICIPANTS.—In

5 addition to the duties under section 302(b) of such

6 Act (42 U.S.C. 5143(b)), the Federal coordinating of7 ficer shall coordinate the activities of the Presidential

8 Response Plan, including consulting with participat9 ing agencies to determine disaster response priorities

10 and directing participating agencies to carry out as11 signments as needed.

12 SEC. 8. DAMAGE AND NEEDS ASSESSMENT.

13 (a) IN GENERAL.—Title III of the Robert T. Stafford

14 Disaster Relief and Emergency Assistance Act (42 U.S.C.

15 5141 et seq.) is amended—

16 (1) by redesignating sections 304 through 321 as

17 sections 305 through 322, respectively; and

18 (2) by inserting after section 303 the following

19 new section:

20 ‘‘SEC. 304. DISASTER ASSESSMENT TEAMS.

21 ‘‘(a) IN GENERAL.—Not later than 180 days after the

22 date of enactment of the Federal Disaster Preparedness and

23 Response Act of 1994, the Director shall establish disaster

24 assessment teams to be deployed at the discretion of the Di25 rector to a staging area near the impact area of an emer-
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1 gency, a major disaster, or a catastrophic disaster, at the

2 request of a Governor of an affected State, or to an area

3 where an emergency, a major disaster, or a catastrophic

4 disaster is likely. The Director or a designee of the Director

5 shall lead each such disaster assessment team, which shall

6 survey damage and resulting needs.

7 ‘‘(b) COMPOSITION.—The Director shall designate ex8 perts and officials from appropriate Federal agencies, in9 cluding the Department of Defense, to participate with rep10 resentatives of State and local agencies and private relief

11 agencies in serving on disaster assessment teams.

12 ‘‘(c) DETAIL OF FEDERAL GOVERNMENT EMPLOY13 EES.—On the request of the Director, the head of a Federal

14 agency shall detail to temporary duty with a disaster as15 sessment team on a nonreimbursable basis, such personnel

16 of the Federal agency as the Director determines are nec17 essary or useful for carrying out the functions of the disaster

18 assessment team. Each such detail shall be without inter19 ruption or loss of civil service status or privilege.

20 ‘‘(d) EXERCISES.—The disaster assessment teams shall

21 conduct annual training and practice exercises, which shall

22 include, as necessary, officials from appropriate Federal,

23 State, and local agencies.

24 ‘‘(e) DAMAGE AND NEEDS ASSESSMENT.—
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1 ‘‘(1) IN GENERAL.—Not later than 12 hours after

2 the onset of a potential or actual catastrophic disaster

3 (as determined by the President), the Director shall

4 deploy a disaster assessment team established under

5 subsection (a) to survey the extent of the damage and

6 the resulting needs for authorized Federal disaster re7 lief assistance.

8 ‘‘(2) RECOMMENDATIONS.—As soon as prac9 ticable after deployment, the disaster assessment team

10 shall report to the Director, the President, and the

11 Governors of the affected States concerning the nature

12 and extent of the damage, threats to public health and

13 safety, immediate mass care needs, and other resource

14 requirements resulting from the disaster. In the case

15 of a catastrophic disaster for which the Domestic Cri16 sis Monitoring Unit has been activated, the disaster

17 assessment team shall report to the head of the Do18 mestic Crisis Monitoring Unit. The Director shall rec19 ommend to the President whether the disaster should

20 be declared, or how the event should be classified.

21 ‘‘(3) COORDINATION WITH STATE AND LOCAL OF22 FICIALS.—The damage and needs assessments shall be

23 conducted in coordination with appropriate State

24 and local officials of the affected area.’’.

25 (b) CONFORMING AMENDMENTS.—
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1 (1) Section 408(d)(2) of such Act (42 U.S.C.

2 5174(d)(2)) is amended by striking ‘‘308’’ and insert3 ing ‘‘309’’.

4 (2) Section 7(b)(E) of the Small Business Act

5 (15 U.S.C. 636(b)(E)) is amended by striking ‘‘sec6 tion 312(a) of the Disaster Relief and Emergency As7 sistance Act’’ and inserting ‘‘section 313(a) of the

8 Robert T. Stafford Disaster Relief and Emergency As9 sistance Act’’.

10 SEC. 9. FEDERAL RESPONSE AND RECOVERY ASSISTANCE

11 FOR CATASTROPHIC DISASTERS.

12 Title IV of the Robert T. Stafford Disaster Relief and

13 Emergency Assistance Act (42 U.S.C. 5170 et seq.) (as

14 amended by section 10(b)) is amended by adding at the end

15 the following new section:

16 ‘‘SEC. 426. FEDERAL RESPONSE AND RECOVERY ASSIST17 ANCE FOR CATASTROPHIC DISASTERS.

18 ‘‘(a) DECLARATION.—

19 ‘‘(1) REQUEST FOR DECLARATION OF CATA20 STROPHIC DISASTER.—A request for a declaration by

21 the President that a catastrophic disaster exists shall

22 be made by the Governor of each affected State seeking

23 the declaration.

24 ‘‘(2) FINAL DETERMINATION.—Based on one or

25 more requests under paragraph (1), the President
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1 may declare that a catastrophic disaster exists. A de2 termination by the President that a catastrophic dis3 aster exists shall be final.

4 ‘‘(b) EFFECT OF DETERMINATION.—

5 ‘‘(1) FEDERAL SHARE.—Notwithstanding sub6 sections (b) and (c)(4) of section 403, the Federal

7 share of the eligible cost of essential direct assistance

8 necessary to sustain life or to protect property follow9 ing the declaration of a catastrophic disaster for

10 which assistance is made available shall be—

11 ‘‘(A) for the first 72 hours after the declara12 tion (and for an additional period at the discre13 tion of the President), 100 percent; and

14 ‘‘(B) after the period of assistance provided

15 under subparagraph (A), not less than 75

16 percent.

17 ‘‘(2) DISASTER RESPONSE AND MASS CARE.—

18 Upon the declaration of a catastrophic disaster, the

19 Federal coordinating officer designated under section

20 7(h) of the Federal Disaster Preparedness and Re21 sponse Act of 1994 shall assume an active role in de22 termining whether ancillary resources of Federal

23 agencies, such as the resources of the Department of

24 Defense, are required to support any disaster response

25 function. Upon such a determination, the Federal co-
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1 ordinating officer shall actively assist the American

2 National Red Cross in obtaining the resources of the

3 Federal agencies.

4 ‘‘(3) RESPONSIBILITY OF THE DEPARTMENT OF

5 DEFENSE.—

6 ‘‘(A) IN GENERAL.—Following the declara7 tion of a catastrophic disaster, the Secretary of

8 Defense shall, if requested by the Director and

9 with the concurrence of the Governor of the af10 fected State, provide, to persons adversely af11 fected by the disaster, disaster response services

12 not otherwise available from State, local, or vol13 unteer agencies, including—

14 ‘‘(i) food, water, and shelter;

15 ‘‘(ii) communications;

16 ‘‘(iii) debris removal;

17 ‘‘(iv) medical assistance; and

18 ‘‘(v) any other services necessary to

19 sustain human life or to promote recovery

20 from the disaster.

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

22 Defense shall be reimbursed, with funds made

23 available under this Act, for the provision of eli24 gible disaster response services after the declara25 tion of the disaster by the President.
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1 ‘‘(C) DIRECTION OF ACTIVITIES.—The pro2 vision of disaster response services under sub3 paragraph (A) and the administration of relief

4 by participating State, local, and volunteer

5 agencies shall be managed by the Director in

6 consultation with the head of the Domestic Crisis

7 Monitoring Unit. After a declaration of a cata8 strophic disaster, specific requests by affected

9 Governors for the individual disaster response

10 services described in subparagraph (A) shall no

11 longer be necessary.

12 ‘‘(D) TRAINING.—The Secretary of Defense

13 shall undertake necessary training and exercises

14 to ensure preparedness for the provision of disas15 ter response services under this paragraph.

16 ‘‘(E) CONTINGENCY PLAN.—The Director

17 shall develop a contingency plan for the provi18 sion of disaster response services described in

19 subparagraph (A) in the event that sufficient

20 disaster response services are unavailable.

21 ‘‘(4) ADDITIONAL ASSISTANCE.—The assistance

22 provided under this subsection shall supplement, in

23 the event of a catastrophic disaster, and not supplant,

24 the major disaster assistance programs established

25 under this title and title V.’’.
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1 SEC. 10. TARGETED EMERGENCY GRANTS.

2 (a) IN GENERAL.—Title II of the Robert T. Stafford

3 Disaster Relief and Emergency Assistance Act (42 U.S.C.

4 5131 et seq.) (as amended by section 6) is further amended

5 by adding at the end the following new section:

6 ‘‘SEC. 204. TARGETED EMERGENCY GRANTS.

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) ESTABLISHMENT.—The Director shall estab9 lish a grant program, and shall make grants under

10 the program to pay the Federal share of enabling

11 State and local governments to—

12 ‘‘(A) mitigate, prepare for, respond to, and

13 recover from emergencies, major disasters, and

14 catastrophic disasters;

15 ‘‘(B) construct and maintain State and

16 local emergency operating centers;

17 ‘‘(C) develop, install, and maintain emer18 gency communications systems;

19 ‘‘(D) evaluate potential hazards in the

20 State;

21 ‘‘(E) coordinate the emergency response

22 plans of State and local governments in the re23 gion with the emergency response plans of other

24 State and local governments in the region; and
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1 ‘‘(F) facilitate and enhance the development

2 of mutual aid agreements among State and local

3 emergency management organizations.

4 ‘‘(2) APPLICATION.—Application for a grant

5 under this section shall be made by the Governor of

6 a State, and shall be reviewed by the Director.

7 ‘‘(3) BASIS FOR AWARDS.—The Director shall de8 termine eligibility for grant awards under this section

9 based on, and giving equal weight to—

10 ‘‘(A) compliance with the performance

11 standards described in subsection (b); and

12 ‘‘(B) with respect to the State for which the

13 application is made—

14 ‘‘(i) the risk of occurrence of emer15 gencies, major disasters, and catastrophic

16 disasters;

17 ‘‘(ii) the population of the State;

18 ‘‘(iii) the incentives for the State to de19 velop and maintain funds for disaster relief;

20 ‘‘(iv) the level of State resources dedi21 cated to an emergency management pro22 gram;

23 ‘‘(v) the past performance of the emer24 gency management program; and
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1 ‘‘(vi) other factors as determined by the

2 Director.

3 ‘‘(4) DISTRIBUTION TO LOCAL JURISDICTIONS.—

4 Each State that receives a grant under this section

5 shall allocate a portion of the grant award, in an

6 amount to be determined by the Director, to local

7 participating jurisdictions.

8 ‘‘(b) PERFORMANCE STANDARDS.—

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

10 after the date of enactment of the Federal Disaster

11 Preparedness and Response Act of 1994, the Director

12 shall establish performance standards to determine

13 eligibility and application procedures for a grant

14 award under this section.

15 ‘‘(2) CRITERIA.—The performance standards

16 shall be based on the relative severity of risk to public

17 health, safety, and property in the State, and shall

18 include provisions for—

19 ‘‘(A) reviewing and updating emergency op20 erations plans on at least an annual basis;

21 ‘‘(B) ensuring coordination between Fed22 eral, State, and local emergency operations

23 plans;

24 ‘‘(C) conducting training and annual exer25 cises with all appropriate entities involved in
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1 disaster preparedness, response, and recovery, in2 cluding State and local emergency response per3 sonnel, and the National Guard under section

4 201(e)(2); and

5 ‘‘(D) requiring a strategy and program for

6 the implementation of hazard mitigation activi7 ties throughout the State.

8 ‘‘(3) PERFORMANCE REVIEW.—The Director shall

9 conduct and make available to the public reviews and

10 assessments of State emergency operations plans based

11 on the criteria described in paragraph (2).

12 ‘‘(4) NOTIFICATION.—Not later than 60 days

13 after a review conducted under paragraph (3), the Di14 rector shall notify any State that does not meet the

15 performance standards. In the notification, the Direc16 tor shall recommend actions that the State should

17 take to meet the performance standards.

18 ‘‘(5) OPPORTUNITY TO MEET STANDARDS.—A

19 State that does not meet the performance standards

20 shall be given an additional 120 days, after the date

21 of notification under paragraph (4), to meet the

22 standards.

23 ‘‘(c) FEDERAL SHARE OF GRANT.—Subject to section

24 406, the Federal share of a grant under this section shall
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1 be not less than 75 percent of the cost of the activities de2 scribed in subsection (a)(1).

3 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to carry out this section

5 $200,000,000 for each of fiscal years 1995 through 1999.’’.

6 (b) FEDERAL SHARE OF ASSISTANCE.—Title IV of

7 such Act (42 U.S.C. 5170 et seq.) is amended—

8 (1) by redesignating sections 406 through 424 as

9 sections 407 through 425, respectively; and

10 (2) by inserting after section 405 the following

11 new section:

12 ‘‘SEC. 406. COMPLIANCE WITH PERFORMANCE STANDARDS.

13 ‘‘(a) IN GENERAL.—Notwithstanding any other provi14 sion of this Act, the Director shall establish a compliance

15 system, in accordance with subsection (b), that will define

16 the Federal share of the costs of eligible assistance following

17 an emergency, a major disaster, or a catastrophic disaster

18 for a State that is not in compliance with the performance

19 standards established under section 204(b).

20 ‘‘(b) LIMITATION ON FEDERAL ASSISTANCE.—The

21 compliance system shall provide that the Federal share of

22 the costs of the eligible assistance referred to in subsection

23 (a) shall be reduced for any year that the State remains

24 out of compliance with the performance standards.
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1 ‘‘(c) WAIVER.—The Director may recommend waiver

2 of, and the President may waive, subsection (b), in the event

3 of a catastrophic disaster or under another condition that

4 adversely affects public health and safety.’’.

5 (c) CONFORMING AMENDMENTS.—

6 (1) Section 7(p) of the Endangered Species Act

7 of 1973 (16 U.S.C. 1536(p)) is amended—

8 (A) by striking ‘‘under the Disaster Relief

9 and Emergency Assistance Act’’ and inserting

10 ‘‘under the Robert T. Stafford Disaster Relief

11 and Emergency Assistance Act (42 U.S.C. 5121

12 et seq.)’’; and

13 (B) by striking ‘‘section 405 or 406 of the

14 Disaster Relief and Emergency Assistance Act’’

15 and inserting ‘‘section 405 or 407 of the Robert

16 T. Stafford Disaster Relief and Emergency As17 sistance Act’’.

18 (2) Section 802(b) of the Public Works and Eco19 nomic Development Act of 1965 (42 U.S.C. 3232(b))

20 is amended by striking ‘‘section 406(c) of the Disaster

21 Relief and Emergency Assistance Act’’ and inserting

22 ‘‘section 407(c) of the Robert T. Stafford Disaster Re23 lief and Emergency Assistance Act’’.

24 (3) The Robert T. Stafford Disaster Relief and

25 Emergency Assistance Act is amended—
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1 (A) in section 312 (as redesignated by sec2 tion 8(a)(1))—

3 (i) by striking ‘‘406’’ each place it ap4 pears and inserting ‘‘407’’; and

5 (ii) by striking ‘‘422’’ each place it ap6 pears and inserting ‘‘423’’;

7 (B) in section 317 (as redesignated by sec8 tion 8(a)(1))—

9 (i) by striking ‘‘406, 407’’ and insert10 ing ‘‘407, 408’’; and

11 (ii) by striking ‘‘422’’ and inserting

12 ‘‘423’’;

13 (C) in section 403(c)(2) (42 U.S.C.

14 5170b(c)(2)), by striking ‘‘407(b)’’ and inserting

15 ‘‘408(b)’’;

16 (D) in section 404 (42 U.S.C. 5170c), by

17 striking ‘‘409’’ and inserting ‘‘410’’;

18 (E) in section 407(f)(2) (as redesignated by

19 subsection (b)(1)), by striking ‘‘406, 407’’ and

20 inserting ‘‘407, 408’’;

21 (F) in section 423 (as redesignated by sub22 section (b)(1))—

23 (i) by striking ‘‘407’’ each place it ap24 pears and inserting ‘‘408’’; and
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1 (ii) by striking ‘‘406’’ each place it ap2 pears, and inserting ‘‘407’’; and

3 (G) in section 502(a) (42 U.S.C. 5192(a))—

4 (i) in paragraph (5), by striking

5 ‘‘407’’ and inserting ‘‘408’’; and

6 (ii) in paragraph (6), by striking

7 ‘‘408’’ and inserting ‘‘409’’.

8 (4) The Omnibus Insular Areas Act of 1992 is

9 amended—

10 (A) in section 202 (42 U.S.C. 5204a), by

11 striking ‘‘406 of The Robert T. Stafford Disaster

12 Relief and Emergency Assistance Act (42 U.S.C.

13 5170b, 5172)’’ and inserting ‘‘407 of the Robert

14 T. Stafford Disaster Relief and Emergency As15 sistance Act’’; and

16 (B) in section 204 (42 U.S.C. 5204c), by

17 striking ‘‘406, 407, 408, and 411’’ and inserting

18 ‘‘407, 408, 409, and 412’’.

19 (5) Section 106(c) of the Housing and Commu20 nity Development Act of 1974 (42 U.S.C. 5306(c)) is

21 amended by striking paragraph (4).

22 (6) Section 5(b)(2)(A) of the Earthquake Haz23 ards Reduction Act of 1977 (42 U.S.C. 7704(b)(2)(A))

24 is amended—

25 (A) by striking clause (iv); and
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1 (B) by redesignating clauses (v) and (vi) as

2 clauses (iv) and (v), respectively.

3 SEC. 11. FEMA STRUCTURE AND ORGANIZATION.

4 (a) IN GENERAL.—

5 (1) STRUCTURE.—The Director shall ensure that

6 FEMA is structured and organized to—

7 (A) implement an all hazards approach to

8 disaster management, mitigation, and prepared9 ness, which includes activities and measures de10 signed or undertaken to—

11 (i) minimize the effects of natural dis12 asters, civil disturbances, or attack-related

13 emergency situations and disasters;

14 (ii) respond swiftly and effectively to

15 the immediate emergency conditions that

16 are created by disasters; and

17 (iii) repair and restore quickly those

18 vital utilities and facilities destroyed or

19 damaged by a disaster, subject to reimburse20 ment by private utilities;

21 (B) utilize, to the maximum extent feasible,

22 resources previously dedicated to defense-related

23 programs with coordinated response to an emer24 gency, a major disaster, or a catastrophic disas25 ter;
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1 (C) promote coordination between all offices

2 and directorates of FEMA to ensure effective dis3 aster planning, preparedness, and response; and

4 (D) provide for rapid response, efficient de5 livery of services, and technical monitoring sup6 port to the States by the Regional Offices.

7 (2) REVIEW AND RECOMMENDATIONS.—Not later

8 than 90 days after the date of enactment of this Act,

9 the Director shall review and analyze the structure of

10 FEMA and the locations of the regional offices of

11 FEMA in relation to identified hazards and levels of

12 risk and recommend to the President any necessary

13 changes to the structure and locations.

14 (b) QUALIFICATIONS OF OFFICERS.—

15 (1) DIRECTOR AND DEPUTY DIRECTOR.—The Di16 rector and Deputy Director of FEMA shall be ap17 pointed solely on the basis of professional qualifica18 tions, such as experience and expertise in emergency

19 management and disaster relief assistance, required to

20 perform the duties and responsibilities of the positions

21 of the Director and Deputy Director.

22 (2) OTHER POSITIONS.—Appointees to other po23 sitions in FEMA that require confirmation of ap24 pointment by the Senate, and the positions of Re25 gional Director, shall be appointed on the basis of ex-
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1 perience and knowledge in the diverse disciplines that

2 constitute emergency management, including State

3 and local government operations, legislative and

4 intergovernmental relations, voluntary assistance and

5 disaster management, and planning and manage6 ment.

7 SEC. 12. NATIONAL ACADEMY FOR FIRE PREVENTION AND

8 CONTROL AND EMERGENCY MANAGEMENT

9 INSTITUTE.

10 The National Academy for Fire Prevention and Con11 trol, and the Emergency Management Institute, operated by

12 FEMA shall provide education for all hazards emergency

13 management and response. The curricula for the Academy

14 and the Institute shall be complimentary and shall provide

15 for integration and cross-training of the respective commu16 nities served by the Academy and the Institute, where ap17 propriate. Participation in the training offered at the Acad18 emy and the Institute should reflect the diversity of dis19 ciplines involved in emergency management and the unique

20 needs of the specific communities.

21 SEC. 13. RESEARCH CENTERS.

22 Title VI of the Robert T. Stafford Disaster Relief and

23 Emergency Assistance Act (42 U.S.C. 5101 et seq.) is

24 amended by adding at the end the following new section:
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1 ‘‘SEC. 605. RESEARCH CENTERS.

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

3 date of enactment of the Federal Disaster Preparedness and

4 Response Act of 1994, the Director shall provide assistance

5 to university-based research centers to—

6 ‘‘(1) conduct research on disaster management

7 methods and technologies used for mitigation, re8 sponse, and recovery systems;

9 ‘‘(2) develop a curriculum for disaster manage10 ment in the areas of mitigation preparedness, re11 sponse, and recovery as well as in related fields; and

12 ‘‘(3) translate research findings into practical

13 applications.

14 ‘‘(b) COMPOSITION.—Each center receiving assistance

15 under this section shall be supported by one or more univer16 sities and shall be selected by the Director based on the

17 merit of research proposals and the ability of the university

18 to support the development of timely and high quality prac19 tical applications.

20 ‘‘(c) REPORT.—Each center shall report annually to

21 the Director on the activities supported by the center with

22 assistance made available under this section.

23 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated to carry out this section

25 $5,000,000 for each of fiscal years 1995 and 1996.’’.
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1 SEC. 14. REPEAL OF FEDERAL CIVIL DEFENSE ACT.

2 Not later than 90 days after the date of enactment of

3 this Act, the Director shall submit to Congress recommenda4 tions concerning which provisions of the Federal Civil De5 fense Act of 1950 (50 U.S.C. App. 2251 et seq.) should be

6 repealed, and which provisions of such Act should be inte7 grated into the Robert T. Stafford Disaster Relief and

8 Emergency Assistance Act (42 U.S.C. 5121 et seq.). The rec9 ommendations shall include proposed technical or other

10 amendments that the Director determines are necessary.

11 SEC. 15. PREVENTION OF FRAUD FOLLOWING EMER12 GENCIES AND DISASTERS.

13 (a) DEFINITIONS.—As used in this section:

14 (1) AGREEMENT.—The term ‘‘agreement’’, with

15 respect to the provision of a consumer good or service,

16 includes an offer or undertaking to provide or ar17 range for the provision of the consumer good or serv18 ice without regard to whether an enforceable contract

19 is entered into.

20 (2) CONSUMER GOOD OR SERVICE.—The term

21 ‘‘consumer good or service’’ means a good, piece of

22 equipment, or service provided primarily for per23 sonal, family, or household purposes, including food,

24 water, ice, a chemical, a building supply, a tool, a pe25 troleum product, a residential lease property, a resi26 dential construction, reconstruction, or repair service,
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1 or a service for the removal of debris (including a

2 damaged tree) and garbage.

3 (3) PROVIDE.—The term ‘‘provide’’, with respect

4 to a consumer good or service, means to sell, lease, or

5 otherwise provide in exchange for consideration, the

6 good or service.

7 (4) SUPPLIER.—The term ‘‘supplier’’ includes a

8 seller, reseller, wholesaler, distributor, retailer, lessor,

9 provider, or licensed or unlicensed contractor, sub10 contractor, or laborer, involved in the provision or

11 distribution of a consumer good or service.

12 (b) ESTABLISHMENT OF ANTI-FRAUD STRIKE

13 FORCES.—Following the declaration of the existence of an

14 emergency, a major disaster, or a catastrophic disaster by

15 the President under the Robert T. Stafford Disaster Relief

16 and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the

17 Attorney General shall—

18 (1) consult with the United States Attorney for

19 the district in which the emergency, major disaster, or

20 catastrophic disaster occurred and with State and

21 local law enforcement officials to determine the extent

22 to which victims of the emergency or disaster are

23 being further victimized by fraudulent or otherwise

24 unscrupulous activities of suppliers offering consumer

25 goods and services for cleanup, repair, and other re-
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1 covery from the effects of the emergency or disaster;

2 and

3 (2) if it appears that the extent of the activities

4 referred to in paragraph (1) is such that the resources

5 of the officials are not sufficient to quickly and ade6 quately investigate and prosecute the activities, estab7 lish an anti-fraud task force of investigators and

8 prosecutors to combat the activities in the area af9 fected by the emergency or disaster.

10 (c) FRAUD INVOLVING EMERGENCY AND DISASTER

11 VICTIMS.—

12 (1) SUPPLIERS OF CONSUMER GOODS AND SERV13 ICES.—

14 (A) OFFENSE.—During the period begin15 ning on the date the existence of an emergency,

16 a major disaster, or a catastrophic disaster is de17 clared by the President and ending 180 days

18 after that date, and within the area to which the

19 declaration applies, a supplier who by false pre20 tenses, by the making of a representation that the

21 supplier knows, or has reason to know, is false

22 or misleading, or through fraudulent conduct, ob23 tains money or any other thing of value in con24 nection with an agreement to provide a

25 consumer good or service for the cleanup, repair,
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1 or other recovery from the effects of an emer2 gency, a major disaster, or a catastrophic disas3 ter shall be punished as provided in subpara4 graph (B).

5 (B) PENALTY.—A supplier who commits an

6 offense described in subparagraph (A) shall be

7 imprisoned not more than 10 years or fined

8 under title 18, United States Code, or both.

9 (C) PRESUMPTIONS.—For the purposes of

10 subparagraph (A), a supplier shall be considered

11 to obtain money or another thing of value by

12 false pretenses if—

13 (i)(I) the supplier uses the money or

14 other thing of value for any purpose other

15 than to—

16 (aa) purchase materials to be used

17 in carrying out the agreement;

18 (bb) pay for work performed or

19 other expenses incurred in connection

20 with the agreement; or

21 (cc) pay for a proportionate share

22 of the overhead and profit of the sup23 plier; and

24 (II) the person with whom the agree25 ment was made has not authorized, in writ-
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1 ing, the use of the money or other thing of

2 value for a purpose other than a purpose

3 described in item (aa), (bb), or (cc) of

4 subclause (I); or

5 (ii) in the case of an agreement to pro6 vide or arrange for the provision of a resi7 dential construction, reconstruction, or re8 pair service, or a service for the removal of

9 debris (including a damaged tree) and gar10 bage—

11 (I) the supplier receives more than

12 10 percent of the money or other thing

13 of value under the agreement for the

14 service and fails to—

15 (aa) apply for each permit

16 necessary to carry out the agree17 ment by the date that is 30 days

18 after the date of the receipt of the

19 money or thing of value; or

20 (bb) start carrying out the

21 construction, reconstruction, re22 pair, or removal by the date that

23 is 90 days after the last necessary

24 permit is obtained; and
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1 (II) the person with whom the

2 agreement was made has not author3 ized, in writing, a longer time period

4 than the applicable period described in

5 subclause (I).

6 (2) BENEFICIARIES OF FEDERAL ASSISTANCE.—

7 (A) OFFENSE.—A person who by false pre8 tenses, by the making of a representation that the

9 supplier knows, or has reason to know, is false

10 or misleading, or through fraudulent conduct, ob11 tains a grant or loan of money, a consumer good

12 or service, or any other form of assistance, di13 rectly or indirectly, from the Federal Govern14 ment for use in connection with the cleanup, re15 pair, or other recovery from the effects of an

16 emergency, a major disaster, or a catastrophic

17 disaster shall be punished as provided in sub18 paragraph (B).

19 (B) PENALTY.—A person who commits an

20 offense described in subparagraph (A) shall be

21 imprisoned not more than 10 years or fined

22 under title 18, United States Code, or both.

23 (d) PRICE-GOUGING OF EMERGENCY AND DISASTER

24 VICTIMS.—

25 (1) OFFENSE.—
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1 (A) IN GENERAL.—During the period begin2 ning on the date the existence of an emergency,

3 a major disaster, or a catastrophic disaster is de4 clared by the President and ending 180 days

5 after that date, and within the area to which the

6 declaration applies, it shall be unlawful for a

7 supplier to provide, or to offer to provide, any

8 consumer good or service at an unconscionably

9 excessive price (as determined under subpara10 graph (B)).

11 (B) DETERMINATION OF UNCONSCIONABLY

12 EXCESSIVE PRICE.—

13 (i) IN GENERAL.—For the purpose of

14 subparagraph (A), whether a price is un15 conscionably excessive shall be a question of

16 law for a court to determine. There shall be

17 considered to be prima facie evidence that a

18 price is unconscionably excessive if—

19 (I)(aa) the amount charged rep20 resents a gross disparity between the

21 price of the consumer good or service

22 that is the subject of the transaction

23 and the average price at which the

24 consumer good or service was provided,

25 or offered to be provided, by the sup-
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1 plier in the ordinary course of business

2 during the 30-day period immediately

3 prior to the declaration of the existence

4 of the emergency, major disaster, or

5 catastrophic disaster; or

6 (bb) the amount charged grossly

7 exceeds the average price at which the

8 same or similar consumer goods or

9 services was readily obtainable by con10 sumers in the trade area during the

11 30-day period immediately prior to the

12 declaration of the existence of the emer13 gency, major disaster, or catastrophic

14 disaster; and

15 (II) subject to clause (ii), the

16 amount by which the amount charged

17 exceeds the average price referred to in

18 subclause (I) is not attributable to in19 creased costs incurred by the supplier

20 in connection with the provision of the

21 consumer good or service.

22 (ii) DETERMINATION OF INCREASED

23 COSTS OF SUPPLIER.—In determining the

24 increased costs incurred by a supplier under

25 clause (i)(II), an increase in the replace-
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1 ment cost to the supplier of a good may not

2 be taken into account unless the supplier

3 has no reasonable assurance of recouping

4 the increased replacement cost in a subse5 quent sale involving the good.

6 (2) ENFORCEMENT.—

7 (A) PENALTY.—A supplier who knowingly

8 violates paragraph (1) shall be imprisoned not

9 more than 1 year or fined not more than

10 $10,000, or both. In addition, a court may re11 quire disgorgement of any gain unlawfully ac12 quired and restitution to any injured party.

13 (B) ACTIONS BY VICTIMS.—A person, Fed14 eral agency, State, or local government that suf15 fers loss or damage as a result of a violation of

16 paragraph (1) may bring an action against a

17 supplier in a district court of the United States

18 for treble damages, disgorgement, special or pu19 nitive damages, reasonable attorney’s fees, costs

20 and expenses of suit, and any other appropriate

21 legal or equitable relief, including injunctive

22 relief.

23 (C) ACTIONS BY STATE ATTORNEYS GEN24 ERAL.—An attorney general of a State, or other

25 authorized State official, may bring a civil ac-
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1 tion in the name of the State, on behalf of per2 sons residing in the State, in a district court of

3 the United States that has jurisdiction over the

4 defendant for treble damages, disgorgement, spe5 cial or punitive damages, reasonable attorney’s

6 fees, costs and expenses of suit, and any other

7 appropriate legal or equitable relief, including

8 injunctive relief.

9 (3) NO PREEMPTION.—Nothing in this subsection

10 is intended to preempt State law.

11 (e) PROVISION OF FRAUD PREVENTION INFORMA12 TION.—The Director of the Federal Emergency Management

13 Agency shall—

14 (1) in consultation with the Attorney General,

15 the Administrator of the Small Business Administra16 tion, State attorneys general, and other State officials

17 with responsibility for fraud prevention, develop pub18 lic information materials to assist victims of emer19 gencies, major disasters, and catastrophic disasters in

20 detecting and avoiding suppliers who attempt to ob21 tain money or other things of value from the victims

22 in exchange for fraudulent or otherwise unscrupulous

23 offers of consumer goods or services for cleanup, re24 pair, and other recovery from the effects of the emer25 gencies and disasters; and
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1 (2) provide for the distribution of the materials

2 developed under paragraph (1) to the victims of each

3 emergency, major disaster, or catastrophic disaster as

4 soon as practicable after the declaration of the exist5 ence of the emergency or disaster by the President.

6 (f) COMMISSION OF OFFENSE FOLLOWING AN EMER7 GENCY OR A DISASTER TO BE CONSIDERED AN AGGRAVAT8 ING FACTOR.—The United States Sentencing Commission,

9 in the exercise of the authority of the Commission under

10 section 994 of title 28, United States Code, shall review and,

11 if necessary, amend the sentencing guidelines promulgated

12 under such section to provide that the commission of an

13 offense under section 1341, 1343, or 2314 of title 18, United

14 States Code, in connection with the provision of a consumer

15 good or service for the cleanup, repair, or other recovery

16 from the effects of an emergency, a major disaster, or a cata17 strophic disaster shall be an aggravating factor that may

18 result in the imposition of a sentence that is twice as great

19 as a sentence that would otherwise be imposed.

20 SEC. 16. FEMA REGION FOR THE PACIFIC.

21 The Director shall establish a region of FEMA for the

22 Pacific region, that encompasses—

23 (1) Hawaii, which shall serve as headquarters

24 for the FEMA region;

25 (2) American Samoa;
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1 (3) Guam;

2 (4) the Commonwealth of the Northern Mariana

3 Islands;

4 (5) the Federated States of Micronesia;

5 (6) the Republic of Palau; and

6 (7) the Republic of the Marshall Islands.

7 SEC. 17. NATIVE AMERICANS.

8 (a) IN GENERAL.—Not later than 180 days after the

9 date of enactment of this Act, the Director shall implement

10 a policy to—

11 (1) require designated FEMA representatives to

12 consult directly with the governing bodies of Indian

13 tribes during disaster relief operations and with re14 spect to other FEMA programs that directly affect the

15 tribes; and

16 (2) for the purpose of paragraph (1), authorize

17 such a governing body to designate an entity of a

18 State or local government to serve as the representa19 tive of the body at the discretion of the body.

20 (b) NATIONAL LIAISON.—In order to fully implement

21 subsection (a), the Director shall appoint 1 member of the

22 staff of the Director to serve as the national liaison for all

23 Indian tribes.

24 (c) DEFINITION OF INDIAN TRIBE.—As used in this

25 section, the term ‘‘Indian tribe’’ means any Indian tribe,
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1 band, nation, or other organized group or community of

2 Indians (including any Native village, Native group, Re3 gional Corporation, or Village Corporation, as defined in

4 section 3 of the Alaska Native Claims Settlement Act (43

5 U.S.C. 1602)), that is recognized as eligible for the special

6 programs and services provided by the United States to In7 dians because of their status as Indians.

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