II

103D CONGRESS

1ST SESSION S. 1697

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

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’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 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.
2

•S 1697 IS

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.

1 SEC. 2. DECLARATION OF PURPOSES.

2 The purposes of this Act are—

3 (1) to improve Government preparedness for

4 and response to catastrophic disasters;

5 (2) to shift the emphasis of the Federal Emer6 gency Management Agency (referred to in this Act

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

8 to a risk-based strategy to improve preparedness for

9 all hazards; and

10 (3) to redirect the mission of FEMA to mitiga11 tion, preparedness, response, and recovery for all

12 hazards.

13 SEC. 3. DEFINITIONS.

14 Section 102 of the Robert T. Stafford Disaster Relief

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

16 amended—

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

18 following new paragraph (2):

19 ‘‘(2) MAJOR DISASTER.—The term ‘major dis20 aster’ means any occasion or instance that, as deter21 mined by the President, causes damage of sufficient
3

•S 1697 IS

1 severity and magnitude to warrant major disaster

2 assistance under this Act to supplement the efforts

3 and available resources of State and local govern4 ments, and disaster relief organizations in alleviating

5 the damage, loss, and hardship caused by the disas6 ter. Major disasters include disasters resulting from

7 all hazards.’’; and

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

9 paragraphs:

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

11 ‘catastrophic disaster’ means a major disaster that

12 immediately overwhelms the ability of State, local,

13 and volunteer agencies to adequately provide victims

14 of the disaster with services necessary to sustain life.

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

16 means natural or man-caused events, including,

17 without limitation, civil disturbances, that may re18 sult in major disasters or emergencies.

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

20 the Director of the Federal Emergency Management

21 Agency.’’.

22 SEC. 4. SENSE OF CONGRESS.

23 It is the sense of Congress that—

24 (1) the Federal Government should give imme25 diate attention to developing a broad risk-based
4

•S 1697 IS

1 strategy for improving Federal readiness for and re2 sponse to major disasters;

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

4 prepare the United States for all disasters or emer5 gencies;

6 (3) all reasonable actions should be taken to

7 mitigate the effects of disasters;

8 (4) initial response to emergencies and disasters

9 is made by State and local fire and emergency serv10 ice agencies, whose capabilities must therefore be

11 strengthened and maintained;

12 (5) the fire service performs a critical function

13 of first response to fire and other hazards, and

14 should be recognized for performing this function;

15 (6) the American Red Cross and other volun16 teer organizations have made, and will continue to

17 make, valuable contributions in responding to disas18 ters nationwide by providing channels for the gener19 ous sharing of time and resources with those in

20 need;

21 (7) private nonprofit organizations play an im22 portant role in disaster relief operations, and are an

23 essential element of disaster preparedness, response,

24 and recovery efforts; and
5

•S 1697 IS

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

3 disaster preparedness and recovery.

4 SEC. 5. PRESIDENTIAL RESPONSE PLAN.

5 Section 201 of the Robert T. Stafford Disaster Relief

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

7 amended to read as follows:

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

9 PROGRAMS.

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

11 to establish a program of disaster preparedness that uti12 lizes services of all appropriate agencies, and includes—

13 ‘‘(1) preparation of disaster preparedness plans

14 for mitigation, warning, emergency operations, reha15 bilitation, and recovery;

16 ‘‘(2) training and exercises;

17 ‘‘(3) postdisaster critiques and evaluations;

18 ‘‘(4) annual review of programs;

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

20 preparedness programs;

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

22 ‘‘(7) research.

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

24 provide technical assistance to the States in developing

25 comprehensive plans and practicable programs for—
6

•S 1697 IS

1 ‘‘(1) preparation against disasters, including

2 hazard reduction, avoidance, and mitigation;

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

4 State and local governments following such disas5 ters; and

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

7 and private facilities.

8 ‘‘(c) PRESIDENTIAL RESPONSE PLAN.—

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

10 days after the date of enactment of the Federal Dis11 aster Preparedness and Response Act of 1993, the

12 President, acting through the Director, shall develop

13 a Presidential Response Plan to provide Federal as14 sistance, when requested, to States impacted by a

15 major disaster, catastrophic disaster, or emergency,

16 in coordination with appropriate Federal and non17 Federal agencies, as determined by the President.

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

19 that copies of the plan are widely distributed and

20 publicly available.

21 ‘‘(3) TRAINING EXERCISES.—The plan shall in22 clude provisions for annual training exercises to be

23 performed by designated participants in the plan,

24 State and local entities, and private relief agencies

25 to test their disaster preparedness capability.
7

•S 1697 IS

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

2 prepare operational plans to accompany the Presi3 dential Response Plan, not later than 1 year after

4 the date of enactment of the Federal Disaster Pre5 paredness and Response Act of 1993, that shall—

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

7 ‘‘(B) describe the specific duties of all Fed8 eral agencies involved;

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

10 the respective duties of, Federal, State, and

11 local governments, and private relief agencies;

12 ‘‘(D) be prepared for specific geographic

13 regions designated by the Director;

14 ‘‘(E) be based on a comprehensive risk as15 sessment of the United States, undertaken by

16 the Director, that assesses the probability and

17 severity of natural or man-made disasters oc18 curring and having a severe impact on public

19 health, safety, and property within various re20 gions;

21 ‘‘(F) ensure consistency with the emer22 gency operations plans of the State and local

23 governments in the region;
8

•S 1697 IS

1 ‘‘(G) support the development of mutual

2 aid agreements between and among the States

3 and local governments;

4 ‘‘(H) include specific systems and stand5 ardized plans for mutual aid, incident manage6 ment, and emergency communications between

7 State, regional, and local entities for the pur8 pose of coordinating and integrating all emer9 gency management activities; and

10 ‘‘(I) specify the participation of representa11 tives from civilian disaster management and

12 local fire and emergency service response

13 communities.

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

15 ‘‘(1) TRANSFER OF FUNCTIONS.—The func16 tions, personnel, facilities, and equipment of the Na17 tional Disaster Medical System (referred to in this

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

19 Department of Health and Human Services to a new

20 directorate, to be established within FEMA not later

21 than 60 days after the date of enactment of the

22 Federal Disaster Preparedness and Response Act of

23 1993.

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

25 purpose of the System to prepare for and respond to
9

•S 1697 IS

1 major disasters, catastrophic disasters, and emer2 gencies that require medical assistance in excess of

3 the medical service capabilities of the affected

4 States. The System shall provide for—

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

6 through disaster medical assistance teams;

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

8 cared for locally; and

9 ‘‘(C) hospitalization through a national

10 network of medical care facilities that agree to

11 provide medical care to disaster victims.

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

13 System shall supplement and not supplant State and

14 local medical resources.

15 ‘‘(4) COORDINATION OF SERVICES.—The Direc16 tor and the Secretary of Defense shall establish pro17 cedures, roles, and responsibilities for the provision

18 of medical care in the event of a catastrophic disas19 ter to ensure coordination between the System and

20 the Department of Defense.

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

22 be made available to care for military casualties

23 evacuated to the United States in the event that the

24 medical care capabilities of the Department of De-
10

•S 1697 IS

1 fense and the Department of Veterans Affairs are

2 exceeded.

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

4 after the date of enactment of the Federal Disaster

5 Preparedness and Response Act of 1993, the Direc6 tor shall evaluate the performance of the System

7 and the degree to which the System fulfills the in8 tended mission of the System, and make rec9 ommendations to the President and Congress re10 garding potential improvements in the operations of

11 the System.

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

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

14 year after the date of enactment of the Federal

15 Disaster Preparedness and Response Act of

16 1993, the Director shall—

17 ‘‘(i) take steps necessary to ensure

18 that not fewer than 20 disaster medical as19 sistance teams are established and are

20 made operational; and

21 ‘‘(ii) develop standards and guidelines

22 for equipment, staffing, operations, and

23 regular training of the disaster medical as24 sistance teams.
11

•S 1697 IS

1 ‘‘(B) EMPLOYMENT SECURITY.—A volun2 teer who leaves a position (other than a tem3 porary position) in the service of an employer to

4 perform services in conjunction with a disaster

5 medical assistance team, and makes application

6 for reemployment within 90 days after the com7 pletion of service or release from hospitalization

8 continuing after completion of service for a

9 period of not more than 1 year shall—

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

11 duties of the position or able to become

12 requalified with reasonable efforts by the

13 employer, be restored to the position or to

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

15 or

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

17 duties of the position or able to become

18 requalified with reasonable efforts by the

19 employer, by reason of disability sustained

20 during service, but qualified to perform the

21 duties of any other position in the employ

22 of the employer, be offered employment

23 and, if the person so requests, be employed

24 in such other position the duties of which

25 the person is qualified to perform as will
12

•S 1697 IS

1 provide the person like seniority, status,

2 and pay, or the nearest approximation of

3 seniority, status, and pay, consistent with

4 the circumstances of the case, unless the

5 circumstances of the employer have so

6 changed as to make it impossible or unrea7 sonable to do so.

8 ‘‘(C) CONSTRUCTION WITH OTHER

9 LAWS.—Nothing in this subsection shall excuse

10 noncompliance with any law of a State or politi11 cal subdivision establishing greater or additional

12 rights or protections than the rights and protec13 tions established under this subsection.

14 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—

15 Beginning with fiscal year 1994, there are author16 ized to be appropriated to the National Disaster

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

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

19 Medical Assistance Teams.

20 ‘‘(e) ROLE OF NATIONAL GUARD.—

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

22 cooperation with the Director, shall direct the Chief,

23 National Guard Bureau, to review the role of the

24 National Guard in responding to major disasters
13

•S 1697 IS

1 and emergencies and make recommendations to the

2 President. The recommendations shall address—

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

4 prepare for and respond to major disasters and

5 emergencies;

6 ‘‘(B) how the force structure of the Na7 tional Guard could be adjusted to provide Gov8 ernors with improved immediate access to criti9 cal assets during an emergency;

10 ‘‘(C) how the National Guard should be in11 tegrated with the Presidential Response Plan;

12 ‘‘(D) how the National Guard should co13 ordinate with the Disaster Medical Assistance

14 Teams in preparing for and responding to dis15 asters and emergencies; and

16 ‘‘(E) the development by the Chief, Na17 tional Guard Bureau, of a format for an inter18 state compact that, when subscribed to by the

19 States, facilitates the mutual use of National

20 Guard assets across State borders during na21 tional disasters and domestic emergencies.

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

23 date of enactment of the Federal Disaster Prepared24 ness and Response Act of 1993, the Director shall

25 contract with the National Academy of Public Ad-
14

•S 1697 IS

1 ministration for a study to determine the proper

2 roles of the Adjutant Generals of the States and the

3 National Guard in preparing for and responding to

4 natural disasters and domestic emergencies.

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

6 date of enactment of the Federal Disaster Prepared7 ness and Response Act of 1993, the Secretary of De8 fense shall report to the President and Congress on

9 the results of the review conducted pursuant to

10 paragraph (1) and the study conducted pursuant to

11 paragraph (2).

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

13 Chief, National Guard Bureau, shall require Na14 tional Guard units or members to participate in spe15 cialized training and exercises designed to enhance

16 the readiness of the National Guard to respond to

17 all hazards. Up to 5 percent of the funds appro18 priated for the military pay and operations and

19 maintenance of the Army and Air National Guard

20 may be used to fund the training and exercises.

21 ‘‘(5) INTERSTATE MUTUAL ASSISTANCE COM22 PACT.—The States are encouraged to enter into a

23 nationwide compact for the mutual use of National

24 Guard assets across State borders during domestic

25 disasters and emergencies.
15

•S 1697 IS

1 ‘‘(6) RESPONSE TO DISASTERS AND REIM2 BURSEMENT FOR AUTHORIZED ACTIVITIES.—To en3 sure more effective and rapid responses by National

4 Guard units to natural disasters and domestic emer5 gencies, the Chief, National Guard Bureau, is au6 thorized to approve reimbursement to a State or

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

8 result of the use of the National Guard in any natu9 ral disaster or domestic emergency at the onset of

10 the disaster or domestic emergency in any instance

11 in which, in the judgment of the Governor of the af12 fected State, it is probable that the occurrence will

13 result in a declaration of a national emergency.

14 ‘‘(A) ELIGIBILITY.—For a State to be eli15 gible for reimbursement under this subsection

16 for deployment of its National Guard units in

17 support of a natural disaster and domestic

18 emergency, the National Guard units must be

19 deployed in a State active duty status.

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

21 for disbursement to the States under this sub22 section shall come from the funds appropriated

23 to the disaster relief fund.

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

25 for reimbursement for use of the National
16

•S 1697 IS

1 Guard of the State shall be submitted to the

2 Director, and the Director, upon validation of

3 eligible activities, shall issue the necessary fund4 ing documents to effect reimbursement to the

5 State.

6 ‘‘(D) CONSISTENCE WITH ACT.—In in7 stances of natural disasters and domestic emer8 gencies that result in a Federal declaration of

9 a disaster or emergency by the President, the

10 Director shall ensure that all funding reim11 bursement is in accordance with this Act, at a

12 Federal share rate determined for that

13 occurrence.

14 ‘‘(7) TRAINING AND COORDINATION WITH

15 STATE ENTITIES.—

16 ‘‘(A) AUTHORIZATION OF APPROPRIA17 TIONS.—There are authorized to be appro18 priated $5,000,000 to the National Guard

19 through FEMA to conduct disaster and emer20 gency training exercises in conjunction with ap21 propriate State and local entities.

22 ‘‘(B) ALLOCATION.—The Director shall al23 locate the funds made available under subpara24 graph (A) to the States.

25 ‘‘(C) USE OF FUNDS.—
17

•S 1697 IS

1 ‘‘(i) IN GENERAL.—Funds made avail2 able under this paragraph shall be used to

3 enhance the preparedness of State and

4 local governments for disasters and emer5 gencies.

6 ‘‘(ii) MINIMUM TRAINING.—The Na7 tional Guard shall be required to conduct

8 at least 2 disaster preparedness training

9 exercises annually in every State, in con10 junction with appropriate State and local

11 entities.

12 ‘‘(f) DISASTER RESOURCE INVENTORY.—

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

14 the date of enactment of the Federal Disaster Pre15 paredness and Response Act of 1993, the Director

16 shall complete an inventory of resources that are

17 available to the Federal Government, including med18 ical assets and foreign language communication,

19 through public or private entities, for use or deploy20 ment, or both, in disaster relief or search and rescue

21 operations following a major disaster, catastrophic

22 disaster, or emergency. Each item in the inventory

23 shall include the information necessary for prompt

24 access to the resource.
18

•S 1697 IS

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

2 organized to facilitate the dispatch of resources on

3 a regional basis. This paragraph shall not be con4 strued to preclude the dispatch of specialized equip5 ment or scarce resources from outside the geo6 graphic proximity of the disaster or emergency.

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

8 that the inventory is made available to the Governor

9 of each State for the purposes of formulating a re10 quest for the declaration of a major disaster, cata11 strophic disaster, or emergency.

12 ‘‘(4) MAINTENANCE.—The Director shall en13 sure that information contained in the inventory is

14 current and accurate.

15 ‘‘(5) STATE PARTICIPATION.—

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

17 days after the establishment of the inventory,

18 the Director shall request each Governor of a

19 State to identify the State Coordinating Officer

20 and other public safety officials who are respon21 sible for coordinating or overseeing State and

22 local response to disasters and emergencies in

23 the State.

24 ‘‘(B) ACCESS.—A public safety official des25 ignated under subparagraph (A) shall have di-
19

•S 1697 IS

1 rect and immediate access to the information

2 contained in the inventory to expedite State and

3 local responses to disasters and emergencies not

4 declared by the President.

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

6 the date of enactment of the Federal Disaster Prepared7 ness and Response Act of 1993, the Director shall—

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

9 systems of private relief agencies to manage and uti10 lize spontaneous disaster volunteers to carry out pri11 ority disaster response services; and

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

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

14 after the date of enactment of the Federal Disaster Pre15 paredness and Response Act of 1993, the Director shall—

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

17 goods donated to the Federal Government to support

18 disaster victims; and

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

20 SEC. 6. PREDECLARATION AUTHORITY.

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

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

23 amended by adding at the end the following new section:
20

•S 1697 IS

1 ‘‘SEC. 203. PREDECLARATION AUTHORITY.

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

3 Director, events indicate that an emergency, major disas4 ter or catastrophic disaster is likely to be declared, a Fed5 eral agency, in consultation with the Director, may take

6 such actions as the agency considers necessary to prepare

7 to provide Federal assistance to State and local govern8 ments and to disaster victims.

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

10 reimbursed by the disaster relief fund for the cost of ac11 tions taken in accordance with this section.’’.

12 SEC. 7. DOMESTIC CRISIS MONITORING UNIT.

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

14 date after the enactment of this section, the President

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

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

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

18 Monitoring Unit shall be headed by the Vice President.

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

20 or a designee of the Secretary, and the Director, or a des21 ignee of the Director, shall be detailed to the unit upon

22 activation.

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

24 Crisis Monitoring Unit shall—

25 (1) monitor potential and pending disasters and

26 emergencies;
21

•S 1697 IS

1 (2) notify the President and Federal agencies of

2 impending disasters and emergencies as soon as

3 practicable; and

4 (3) ensure effective, coordinated, and rapid

5 Federal agency response in the immediate aftermath

6 of a catastrophic disaster or emergency.

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

8 Domestic Crisis Monitoring Unit shall coordinate with the

9 Director and the Governors of States affected by a cata10 strophic disaster or emergency or in which a catastrophic

11 disaster or emergency is likely to be declared.

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

13 Domestic Crisis Monitoring Unit during the warning

14 stages of a major or catastrophic disaster, or immediately

15 following a catastrophic disaster when there is no warning,

16 and shall remain activated until the President determines

17 that continued activation is unwarranted.

18 (g) ROLE OF FEDERAL COORDINATING OFFICER.—

19 (1) CHIEF OF PRESIDENTIAL RESPONSE

20 PLAN.—After activation of the Domestic Crisis Mon21 itoring Unit, the Federal Coordinating Officer shall

22 retain authority as the chief administrator of the

23 Presidential Response Plan.

24 (2) COORDINATION OF PLAN PARTICIPANTS.—

25 The Federal Coordinating Officer shall coordinate
22

•S 1697 IS

1 the activities of the participants of the Plan, includ2 ing consulting with participating agencies to deter3 mine disaster response priorities and directing par4 ticipating agencies to carry out assignments as

5 needed.

6 SEC. 8. DAMAGE AND NEEDS ASSESSMENT.

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

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

9 5141 et seq.) is amended—

10 (1) by redesignating sections 304 through 321

11 as sections 305 through 322, respectively; and

12 (2) by inserting immediately after section 303,

13 the following new section:

14 ‘‘SEC. 304. DISASTER ASSESSMENT TEAMS.

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

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

17 establish disaster assessment teams to be deployed at the

18 discretion of the Director to a staging area near the im19 pact area at the request of a governor of an affected State,

20 or to an area where a major disaster, catastrophic disas21 ter, or emergency is likely to be declared. The Director

22 or other FEMA official designated by the Director shall

23 lead each such assessment team, which shall have the pur24 pose of assessing damage and resulting needs.
23

•S 1697 IS

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

2 experts and officials from appropriate Federal agencies,

3 including FEMA and the Department of Defense, sup4 ported by representatives of State and local agencies, and

5 private relief agencies, to serve on the disaster assessment

6 teams.

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

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

9 agency shall detail to temporary duty with an assessment

10 team on a nonreimbursable basis, such personnel within

11 the administrative jurisdiction of the head of the Federal

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

13 for carrying out the functions of the assessment team.

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

15 or other employee status.

16 ‘‘(d) EXERCISES.—The assessment teams shall con17 duct practice exercises at least annually, including officials

18 from appropriate Federal, State, and local agencies.

19 ‘‘(e) DAMAGE AND NEEDS ASSESSMENT.—

20 ‘‘(1) IN GENERAL.—Not later than 3 hours

21 after the onset of a potential or actual catastrophic

22 disaster, the Director shall deploy an assessment

23 team established under subsection (a) to evaluate

24 the extent of the damage and the resulting needs for

25 authorized Federal disaster relief assistance.
24

•S 1697 IS

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

2 after deployment, the assessment team shall make

3 recommendations to the Director, the President, and

4 the Governors of the affected States regarding the

5 damage and the resources needed to provide life sup6 port to the affected areas. The assessment team

7 shall recommend whether the disaster should be

8 classified as a catastrophic disaster or a major

9 disaster.

10 ‘‘(3) COORDINATION WITH STATE AND LOCAL

11 OFFICIALS.—The damage and needs assessments

12 shall be conducted in coordination with the State

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

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

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

16 ‘‘308’’ and inserting ‘‘309’’.

17 SEC. 9. CATASTROPHIC DISASTERS.

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

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

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

21 ‘‘SEC. 426. CATASTROPHIC DISASTERS.

22 ‘‘(a) DECLARATION.—

23 ‘‘(1) RECOMMENDATION BY DISASTER ASSESS24 MENT TEAMS.—At the onset of a disaster in which

25 the disaster assessment teams established under sec-
25

•S 1697 IS

1 tion 304(a) have been deployed, or immediately

2 thereafter, the disaster assessment teams shall make

3 concurrent recommendations to the Director, the

4 President, and the Governors of the affected States,

5 the Director, and the President as to whether the

6 disaster should be declared a catastrophic disaster.

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

8 for a declaration by the President that a cata9 strophic disaster exists shall be made by the Gov10 ernor of each affected State seeking such declara11 tion. A request for a major disaster declaration com12 plying with the requirements of section 401 may ac13 company the request for a declaration of a cata14 strophic disaster.

15 ‘‘(3) FINAL DETERMINATION.—Based on a re16 quest or requests under paragraph (2), the Presi17 dent may declare that a catastrophic disaster, a

18 major disaster, or an emergency exists. A determina19 tion by the President that a catastrophic disaster or

20 an emergency exists shall be final.

21 ‘‘(b) EFFECT OF DETERMINATION.—

22 ‘‘(1) FEDERAL SHARE.—Notwithstanding sub23 sections (b) and (c)(4) of section 403, the Federal

24 share of the eligible cost of essential direct Federal

25 assistance necessary to sustain life or to protect
26

•S 1697 IS

1 property following a catastrophic disaster declaration

2 shall be—

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

4 an additional 96 hours, at the discretion of the

5 President) 100 percent; and

6 ‘‘(B) after the assistance provided under

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

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

9 Upon the declaration of a catastrophic disaster, the

10 Federal Coordinating Officer shall assume an active

11 role in determining whether ancillary resources, such

12 as the resources of the Department of Defense, are

13 required to support any disaster response function.

14 Upon the determination that ancillary resources are

15 required for mass care, the Federal Coordinating Of16 ficer will actively assist the American Red Cross in

17 obtaining the resources of the Federal agencies.

18 ‘‘(3) RESPONSIBILITY OF THE DEPARTMENT OF

19 DEFENSE.—

20 ‘‘(A) IN GENERAL.—Following the declara21 tion of a catastrophic disaster, the Secretary of

22 Defense shall, when requested by the President

23 and with the concurrence of the Governor of the

24 affected State, provide to persons adversely af25 fected by the disaster, disaster response services
27

•S 1697 IS

1 not otherwise available from State, local, or vol2 unteer agencies, including—

3 ‘‘(i) food, water, and shelter;

4 ‘‘(ii) communications;

5 ‘‘(iii) debris removal;

6 ‘‘(iv) medical assistance; and

7 ‘‘(v) any other services necessary to

8 sustain human life or to promote recovery.

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

10 Defense shall be reimbursed by the disaster re11 lief fund for the provision of disaster response

12 services described in subparagraph (A).

13 ‘‘(C) DIRECTION OF ACTIVITIES.—The

14 provision of disaster response services under

15 subparagraph (A) and the administration of re16 lief by consenting State, local, and volunteer

17 agencies shall be directed by the Federal Co18 ordinating Officer in consultation with the Vice

19 President in coordination with the Governors of

20 the affected States or a designee of the Gov21 ernors. After a declaration of a catastrophic

22 disaster, specific requests by the Governors for

23 the individual disaster response services de24 scribed in subparagraph (A) shall not be

25 necessary.
28

•S 1697 IS

1 ‘‘(D) TRAINING.—The Secretary of De2 fense shall undertake necessary training and ex3 ercises to ensure preparedness for this humani4 tarian mission.

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

6 shall develop a contingency plan for the provi7 sion of disaster response services described in

8 subparagraph (A) in the event that sufficient

9 disaster response services are unavailable under

10 subparagraph (A).

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

12 provided in this subsection shall supplement and not

13 supplant the major disaster assistance programs

14 provided in titles IV and V.’’.

15 SEC. 10. TARGETED EMERGENCY GRANTS.

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

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

18 5131 et seq.) is further amended by adding at the end

19 the following new section:

20 ‘‘SEC. 204. TARGETED EMERGENCY GRANTS.

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) ESTABLISHMENT.—The Director shall es23 tablish a grant program for the purposes of enabling

24 State and local governments—
29

•S 1697 IS

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

2 to major disasters or emergencies;

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

4 local emergency operating centers;

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

6 emergency communications systems; and

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

8 State.

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

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

11 and shall be reviewed by the Director.

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

13 determine eligibility for grant awards under this sec14 tion based on compliance with the performance

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

16 consideration of—

17 ‘‘(A) the risk of occurrence of major disas18 ters or emergencies; and

19 ‘‘(B) the population of each State applying

20 for a grant.

21 ‘‘(4) DISTRIBUTION TO LOCAL JURISDIC22 TIONS.—Each recipient State shall allocate a portion

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

24 by the Director, to local participating jurisdictions.

25 ‘‘(b) PERFORMANCE STANDARDS.—
30

•S 1697 IS

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

2 after the date of enactment of this section, the Di3 rector shall establish performance standards to de4 termine eligibility and application procedures for a

5 grant award under this section.

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

7 shall be based on the relative severity of risk to pub8 lic health, safety, and property at risk in the State,

9 and shall include provisions for—

10 ‘‘(A) updating emergency operations plans

11 annually;

12 ‘‘(B) ensuring interoperability between

13 Federal, State, and local emergency operations

14 plans;

15 ‘‘(C) conducting training and annual exer16 cises with all appropriate entities including the

17 National Guard; and

18 ‘‘(D) requiring appropriate hazard mitiga19 tion activities.

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

21 shall conduct annual performance reviews of State

22 emergency operations plans based on the criteria de23 scribed in paragraph (2).

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

25 a State that does not meet the performance stand-
31

•S 1697 IS

1 ards within 60 days of review. In the notice, the Di2 rector shall direct the State as to the steps that

3 must be taken to meet the performance standards.

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

5 does not meet the performance standards shall be

6 given an additional 60 days to comply.

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

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

9 of the cost of the emergency preparedness activities of the

10 State.

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

12 are authorized to be appropriated to carry out this section

13 $200,000,000 for each of fiscal years 1994 through

14 1998.’’.

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

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

17 (1) by redesignating sections 406 through 424

18 as sections 407 through 425, respectively; and

19 (2) by inserting immediately after section 405,

20 the following new section:

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

22 ‘‘(a) IN GENERAL.—Notwithstanding any other pro23 vision of this Act, the Director shall establish a sliding

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

25 Federal share of the cost of eligible assistance following
32

•S 1697 IS

1 a disaster or emergency for a State that is not in compli2 ance with the performance standards established under

3 section 204(b).

4 ‘‘(b) SLIDING SCALE.—On the sliding scale estab5 lished under subsection (a), the Federal share shall not

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

7 each year the State remains out of compliance with the

8 performance standards. States that are not in compliance

9 with performance standards shall pay a greater share of

10 Federal assistance.’’.

11 (c) CONFORMING AMENDMENTS.—

12 (1) Section 106(c) of the Housing and Commu13 nity Development Act of 1974 (42 U.S.C. 5306(c))

14 is amended by striking paragraph (4).

15 (2) Section 5(b)(2)(A) of the Earthquake Haz16 ards Reduction Act of 1977 (42 U.S.C.

17 7704(b)(2)(A)) is amended—

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

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

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

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

22 Emergency Assistance Act is amended—

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

24 section 8(a)(1) of this Act)—
33

•S 1697 IS

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

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

4 appears, and inserting ‘‘423’’;

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

6 section 8(a)(1) of this Act)—

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

8 ‘‘408’’; and

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

10 ‘‘423’’;

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

12 ‘‘407(b)’’ and inserting ‘‘408(b)’’;

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

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

15 ‘‘410’’; and

16 (ii) by striking ‘‘406’’ and inserting

17 ‘‘407’’;

18 (E) in section 407(f)(2) (as so redesig19 nated in paragraph (1) of this subsection), by

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

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

22 (i) by striking ‘‘407’’ each place it ap23 pears and inserting ‘‘408’’; and

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

25 appears, and inserting ‘‘407’’; and
34

•S 1697 IS

1 (G) in section 502(a)—

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

3 ‘‘407’’ and inserting ‘‘408’’; and

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

5 ‘‘408’’ and inserting ‘‘409’’.

6 SEC. 11. REORGANIZATION OF FEMA.

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

8 FEMA to—

9 (1) implement an all hazards approach to disas10 ter management that includes activities and meas11 ures designed or undertaken to—

12 (A) minimize the effects of natural disas13 ters, civil disturbances, or attack-related emer14 gencies and disasters;

15 (B) respond to the immediate emergency

16 conditions that are created by the disasters; and

17 (C) effectuate emergency repairs to, or the

18 emergency restoration of, vital utilities and fa19 cilities destroyed or damaged by a disaster, sub20 ject to reimbursement by private utilities;

21 (2) utilize resources dedicated to defense-related

22 programs on the date of enactment of this Act to re23 spond to major disasters, catastrophic disasters, and

24 emergencies;
35

•S 1697 IS

1 (3) redefine the relationship between the Direc2 tor and FEMA headquarters and regional offices to

3 ensure effective disaster planning and response; and

4 (4) reduce the number of regional offices and

5 locate the offices in areas the Director identifies as

6 high risk.

7 (b) REDESIGNATION OF EMPLOYEE POSITIONS.—

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

9 positions within FEMA shall be classified as career re10 served positions within the meaning of section 3132(a)(8)

11 of title 5, United States Code:

12 (1) The position of Executive Director of

13 FEMA/Chief of Staff of FEMA.

14 (2) The position of Federal Insurance Adminis15 trator.

16 (3) The positions of Regional Director of

17 FEMA, which shall be reduced in number.

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

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

20 and Local Programs and Support Directorate.

21 (6) Positions of a confidential or policy-deter22 mining character described in schedule C of subpart

23 C of part 213 of title 5, Code of Federal Regula24 tions.
36

•S 1697 IS

1 SEC. 12. NATIONAL ACADEMY OF FIRE AND EMERGENCY

2 PREPAREDNESS.

3 (a) ESTABLISHMENT.—The National Academy for

4 Fire Prevention and Control and the Emergency Manage5 ment Institute operated by FEMA are abolished and

6 merged into the National Academy of Fire and Emergency

7 Preparedness. The National Academy of Fire and Emer8 gency Preparedness shall provide appropriate education

9 for fire prevention and control of all hazards emergency

10 management.

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

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

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

14 spent on training fire and emergency services profes15 sionals.

16 (c) REDESIGNATION OF TRAINING ACADEMY.—Sec17 tion 7 of the Federal Fire Prevention and Control Act of

18 1974 (15 U.S.C. 2206) is amended—

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

20 Academy for Fire Prevention and Control’’ and in21 serting ‘‘National Academy of Fire and Emergency

22 Preparedness’’; and

23 (2) in subsection (d)—

24 (A) by striking ‘‘and’’ at the end of para25 graph (4);
37

•S 1697 IS

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

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

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

4 paragraph:

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

6 Management Agency and State and local officials in

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

8 Robert T. Stafford Disaster Relief and Emergency

9 Assistance Act.’’.

10 (d) TRANSFER OF FUNCTIONS AND RESOURCES.—

11 The Director of the Federal Emergency Management

12 Agency shall transfer the functions, personnel, facilities,

13 and equipment of the Emergency Management Institute

14 existing on the date of enactment of this Act to the Na15 tional Academy of Fire and Emergency Preparedness.

16 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

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

18 (15 U.S.C. 2216) is amended by adding at the end the

19 following new subsection:

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

21 National Academy of Fire and Emergency Preparedness

22 $80,000,000 for each of fiscal years 1994 through 1998.’’.

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

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

25 Academy for Fire Prevention and Control’’ and inserting
38

•S 1697 IS

1 ‘‘National Academy of Fire and Emergency Prepared2 ness’’.

3 SEC. 13. RESEARCH CENTER.

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

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

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

7 ‘‘SEC. 605. RESEARCH CENTER.

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

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

10 establish a university-based research center to—

11 ‘‘(1) conduct research on disaster management

12 methods, technologies, mitigation and response sys13 tems;

14 ‘‘(2) develop a curriculum for disaster manage15 ment and related fields curriculum; and

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

17 emergency response community.

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

19 shall be selected by the Director following a competitive

20 selection process.

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

22 the President and Congress on the activities of the

23 consortium.
39

•S 1697 IS

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

2 are authorized to be appropriated to carry out this section

3 $5,000,000 for each of fiscal years 1994 and 1995.’’.

4 SEC. 14. REPEAL OF CIVIL DEFENSE ACT.

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

6 (50 U.S.C. App. 2251 et seq.) is repealed.

7 (b) CONFORMING AMENDMENTS.—

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

9 1970 (7 U.S.C. 1427a(d)(2)) is amended by striking

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

11 period and inserting a period.

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

13 is amended by striking ‘‘Federal Civil Defense Ad14 ministrator’’ and inserting ‘‘Director of the Federal

15 Emergency Management Agency’’.

16 (3) Section 202 of the Robert T. Stafford Dis17 aster Relief and Emergency Assistance Act (42

18 U.S.C. 5132) is amended—

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

20 (B) by redesignating subsection (d) as sub21 section (c).

Æ

S 1697 IS——2

S 1697 IS——3

S 1697 IS——4