I

103D CONGRESS

1ST SESSION H. R. 2548

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

to major disasters, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 29, 1993

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

Committees on Public Works and Transportation, Armed Services, and

Science, Space, and Technology

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 purpose.

Sec. 3. Definitions.

Sec. 4. Sense of Congress.
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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 for Fire and All Hazards Training.

Sec. 13. Research center.

Sec. 14. Repeal of Civil Defense Act.

1 SEC. 2. DECLARATION OF PURPOSE.

2 The purpose of this Act is to—

3 (1) improve Government preparedness for and

4 response to catastrophic disasters;

5 (2) 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 an all hazards approach;

9 (3) redirect the mission of FEMA to mitigation,

10 preparedness, response, and recovery for all hazards;

11 and

12 (4) ensure that FEMA adopts a risk-based

13 strategy to improve preparedness for all hazards.

14 SEC. 3. DEFINITIONS.

15 Section 102 of the Robert T. Stafford Disaster Relief

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

17 amended—

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

19 following new paragraph (2):
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1 ‘‘(2) MAJOR DISASTER.—‘Major disaster’ means

2 any occasion or instance that, as determined by the

3 President, causes damage of sufficient severity and

4 magnitude to warrant major disaster assistance

5 under this Act to supplement the efforts and avail6 able resources of State and local governments, and

7 disaster relief organizations in alleviating the dam8 age, loss, and hardship caused by the disaster.

9 Major disasters include disasters resulting from all

10 hazards.’’; and

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

12 paragraphs:

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

14 ‘catastrophic disaster’ means a major disaster that

15 immediately overwhelms the ability of State, local,

16 and volunteer agencies to adequately provide victims

17 of the disaster with services necessary to sustain life.

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

19 means emergencies and disasters resulting from nat20 ural accidental or man-caused events, including,

21 without limitation, civil disturbances and attack-re22 lated disasters.

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

24 the Director of the Federal Emergency Management

25 Agency.’’.
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1 SEC. 4. SENSE OF CONGRESS.

2 It is the sense of Congress that—

3 (1) the Federal government should give imme4 diate attention to developing a broad risk-based

5 strategy for improving Federal readiness and re6 sponse to major disasters;

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

8 prepare the United States for all threats, including

9 terrorism and foreign attacks;

10 (3) all reasonable actions should be taken to

11 mitigate the effects of disasters;

12 (4) the American Red Cross and other volun13 teer organizations have made, and will continue to

14 make, valuable contributions in responding to disas15 ters nationwide by providing channels for the gener16 ous sharing of time and resources with those in

17 need;

18 (5) initial response to emergencies and disasters

19 is made by State and local agencies, whose capabili20 ties must therefore be strengthened and maintained;

21 (6) 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
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1 (7) hazard mitigation is an important preven2 tive measure and is a vital element in disaster pre3 paredness 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—

8 (1) by striking subsections (c), and (d);

9 (2) by redesignating subsection (b) as sub10 section (d); and

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

13 ‘‘(b) PRESIDENTIAL RESPONSE PLAN.—

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

15 days after the date of enactment of the Federal Dis16 aster Preparedness and Response Act of 1993, the

17 President, acting through the Director, shall develop

18 a Presidential Response Plan to provide Federal as19 sistance, when requested, to States impacted by a

20 major disaster, catastrophic disaster, or emergency,

21 in coordination with appropriate Federal and non22 Federal agencies, as determined by the President.

23 ‘‘(2) TRAINING EXERCISES.—The plan shall in24 clude provisions for annual training exercises to be

25 performed by designated participants in the plan
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1 and State and local entities and private relief agen2 cies.

3 ‘‘(3) OPERATIONAL PLANS.—The Director shall

4 prepare operational plans to accompany the Presi5 dential Response Plan, not later than 1 year after

6 the date of enactment of the Federal Disaster Pre7 paredness and Response Act of 1993, that shall—

8 ‘‘(A) describe the chains of command;

9 ‘‘(B) describe the specific duties of all Fed10 eral agencies involved; and

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

12 the respective duties of, Federal, State, and

13 local governments, and private relief agencies;

14 and

15 ‘‘(D) the operational plans described in

16 this paragraph shall be prepared for specific ge17 ographic regions designated by the Director and

18 shall—

19 ‘‘(i) be based on a comprehensive risk

20 assessment of the United States, under21 taken by the Director, which assesses the

22 probability, frequency, and severity of nat23 ural or man-made disasters occurring and

24 having a severe impact on public health,
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1 safety, and property within various re2 gions;

3 ‘‘(ii) take into account the emergency

4 operations plans of the State and local gov5 ernments in the region; and

6 ‘‘(iii) support the development of mu7 tual aid agreements between and among

8 the States and local governments.

9 ‘‘(c) NATIONAL DISASTER MEDICAL SYSTEM.—

10 ‘‘(1) TRANSFER OF FUNCTIONS.—The func11 tions, personnel, facilities, and equipment of the Na12 tional Disaster Medical System (referred to in this

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

14 Department of Health and Human Services to a new

15 directorate established within FEMA.

16 ‘‘(2) MISSION OF SYSTEM.—It shall be the mis17 sion of the System to prepare for and respond to

18 major disasters, catastrophic disasters, and emer19 gencies that require medical assistance in excess of

20 the medical service capabilities of the affected

21 States. The system shall provide for—

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

23 through disaster medical assistance teams;

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

25 cared for locally; and
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1 ‘‘(C) hospitalization through a national

2 network of medical care facilities that agree to

3 provide medical care to disaster victims.

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

5 System shall supplement and not supplant State and

6 local medical resources.

7 ‘‘(4) COORDINATION OF SERVICES.—The Direc8 tor and the Secretary of Defense shall establish pro9 cedures, roles, and responsibilities for the provision

10 of medical care in the event of a catastrophic disas11 ter to ensure coordination between the System and

12 the Department of Defense.

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

14 be made available to care for military casualties

15 evacuated to the United States in the event that the

16 medical care capabilities of the Department of De17 fense and the Department of Veterans Affairs are

18 exceeded.

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

20 after the date of enactment of this subsection, the

21 Director shall evaluate the performance of the Sys22 tem and the degree to which the System fulfills the

23 intended mission of the System, and make rec24 ommendations to the President and Congress re-
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1 garding potential improvements in the operations of

2 the System.

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

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

5 year after the date of enactment of the Federal

6 Disaster Preparedness and Response Act of

7 1993, the Director shall take steps necessary to

8 ensure that not fewer than 20 disaster medical

9 assistance teams are established and are made

10 operational. The Director shall develop stand11 ards and guidelines for equipment, staffing, op12 erations, and regular training of the disaster

13 medical assistance teams not later than 1 year

14 after the date of enactment of the Federal Dis15 aster Preparedness and Response Act of 1993.

16 ‘‘(B) EMPLOYMENT SECURITY.—A volun17 teer who leaves a position (other than a tem18 porary position) in the service of an employer to

19 perform services in conjunction with a disaster

20 medical assistance team, and makes application

21 for reemployment within 90 days after the com22 pletion of service or release from hospitalization

23 continuing after completion of service for a pe24 riod of not more than 1 year shall—
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1 ‘‘(i) if still qualified to perform the

2 duties of the position or able to become

3 requalified with reasonable efforts by the

4 employer, be restored to the position or to

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

6 or

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

8 duties of the position or able to become

9 requalified with reasonable efforts by the

10 employer, by reason of disability sustained

11 during service, but qualified to perform the

12 duties of any other position in the employ

13 of the employer, be offered employment

14 and, if the person so requests, be employed

15 in such other position the duties of which

16 the person is qualified to perform as will

17 provide the person like seniority, status,

18 and pay, or the nearest approximation of

19 seniority, status, and pay, consistent with

20 the circumstances of the case, unless the

21 circumstances of the employer have so

22 changed as to make it impossible or unrea23 sonable to do so.

24 ‘‘(C) CONSTRUCTION WITH OTHER

25 LAWS.—Nothing in this subsection shall excuse
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1 noncompliance with any law of a State or politi2 cal subdivision establishing greater or additional

3 rights or protections than the rights and protec4 tions established under this subsection.

5 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—

6 Beginning with fiscal year 1994, there are author7 ized to be appropriated to the National Disaster

8 Medical System $20,000,000 for each fiscal year, in9 cluding $5,000,000 for the Disaster Medical Assist10 ance Teams.

11 ‘‘(d) ROLE OF NATIONAL GUARD.—

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

13 cooperation with the Director, shall direct the Chief,

14 National Guard Bureau, to review the role of the

15 National Guard in responding to major disasters

16 and emergencies and make recommendations to the

17 President. The recommendations shall address—

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

19 prepare for and respond to major disasters and

20 emergencies;

21 ‘‘(B) how the force structure of the Na22 tional Guard could be adjusted to provide Gov23 ernors with improved immediate access to criti24 cal assets during an emergency;
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1 ‘‘(C) how the National Guard should be in2 tegrated with the Presidential Response Plan;

3 ‘‘(D) how the National Guard should co4 ordinate with the Disaster Medical Assistance

5 Teams in preparing for and responding to dis6 asters and emergencies;

7 ‘‘(E) the development by the Chief, Na8 tional Guard Bureau, of a format for an inter9 state compact that, when subscribed to by the

10 States, facilitates the mutual use of National

11 Guard assets across State borders during na12 tional disasters and domestic emergencies; and

13 ‘‘(F) a study by the National Academy of

14 Public Administration, to determine the fea15 sibility of recommending to the Governors that

16 the Adjutant General of the State be identified

17 as the State Coordinating Official in all deal18 ings with Federal agencies during natural dis19 asters and domestic emergencies.

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

21 date of enactment of this section, the Secretary of

22 Defense shall report to the President and Congress

23 on the results of the review.

24 ‘‘(3) ALL HAZARDS RESPONSE TRAINING.—The

25 Chief, National Guard Bureau, shall require Na-
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1 tional Guard units or members to participate in spe2 cialized training and exercises designed to enhance

3 the readiness of the National Guard to respond to

4 all hazards. Up to 5 percent of the funds appro5 priated for the military pay and operations and

6 maintenance of the Army and Air National Guard

7 may be used to fund the training and exercises.

8 ‘‘(4) INTERSTATE MUTUAL ASSISTANCE COM9 PACT.—The States are encouraged to enter into a

10 nationwide compact for the mutual use of National

11 Guard assets across State borders during domestic

12 disasters and emergencies.

13 ‘‘(5) RESPONSE TO DISASTERS AND REIM14 BURSEMENT FOR AUTHORIZED ACTIVITIES.—To as15 sure more effective and rapid responses by National

16 Guard units to natural disasters and domestic emer17 gencies, the Chief, National Guard Bureau, is au18 thorized to approve reimbursement to a State or

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

20 result of the use of the National Guard in any natu21 ral disaster or domestic emergency at the onset of

22 the disaster or domestic emergency in any instance

23 in which, in the judgment of the Governor of the af24 fected State, it is probable that the occurrence will

25 result in a declaration of a national emergency.
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1 ‘‘(A) ELIGIBILITY.—For a State to be eli2 gible for reimbursement under this subsection

3 for deployment of its National Guard units in

4 support of a natural disaster and domestic

5 emergency, the National Guard units must be

6 deployed in a State active duty status.

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

8 for disbursement to the States under this sub9 section shall come from the funds appropriated

10 to the disaster relief fund.

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

12 for reimbursement for use of the National

13 Guard of the State shall be submitted to the

14 Director, and the Director, upon validation of

15 eligible activities, shall issue the necessary fund16 ing documents to effect reimbursement to the

17 State.

18 ‘‘(D) CONSISTENCE WITH ACT.—In in19 stances of natural disasters and domestic emer20 gencies that result in a Federal declaration of

21 a disaster or emergency by the President, the

22 Director shall ensure that all funding reim23 bursement is in accordance with this Act, at a

24 Federal share rate determined for that occur25 rence.
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1 ‘‘(6) TRAINING AND COORDINATION WITH

2 STATE ENTITIES.—

3 ‘‘(A) AUTHORIZATION OF APPROPRIA4 TIONS.—There are authorized to be appro5 priated $5,000,000 to the National Guard

6 through FEMA to conduct disaster and emer7 gency training exercises in conjunction with ap8 propriate State and local entities.

9 ‘‘(B) ALLOCATION.—The Director shall al10 locate the funds made available under subpara11 graph (A) to the States.

12 ‘‘(C) USE OF FUNDS.—

13 ‘‘(i) IN GENERAL.—Funds made avail14 able under this paragraph shall be used to

15 enhance the preparedness of States for dis16 asters and emergencies.

17 ‘‘(ii) MINIMUM TRAINING.—The Na18 tional Guard shall be required to conduct

19 at least 2 disaster preparedness training

20 exercises annually in every State, in con21 junction with appropriate State and local

22 entities.

23 ‘‘(e) DISASTER RESOURCE INVENTORY.—

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

25 the date of enactment of the Federal Disaster Pre-
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1 paredness and Response Act of 1993, the Director

2 shall complete an inventory of resources that are

3 available to the Federal Government, including med4 ical assets and foreign language communication,

5 through public or private entities, for use or deploy6 ment, or both, in disaster relief or search and rescue

7 operations following a major disaster, catastrophic

8 disaster, or emergency. Each item in the inventory

9 shall include the information necessary for prompt

10 access to the resource.

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

12 organized to facilitate the dispatch of resources on

13 a regional basis. This paragraph shall not be con14 strued to preclude the dispatch of specialized equip15 ment or scarce resources from outside the geo16 graphic proximity of the disaster or emergency.

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

18 that the inventory is made available to the Governor

19 of each State for the purposes of formulating a re20 quest for the declaration of a major disaster, cata21 strophic disaster, or emergency.

22 ‘‘(4) MAINTENANCE.—The Director shall en23 sure that information contained in the inventory is

24 current and accurate.

25 ‘‘(5) STATE PARTICIPATION.—
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1 ‘‘(A) IN GENERAL.—Not later than 90

2 days after the establishment of the inventory,

3 the Director shall request each Governor of a

4 State to identify the State Coordinating Officer

5 and other public safety officials who are respon6 sible for coordinating or overseeing State and

7 local response to disasters and emergencies in

8 the State.

9 ‘‘(B) ACCESS.—A public safety official des10 ignated under subparagraph (A) shall have di11 rect and immediate access to the information

12 contained in the inventory to expedite State and

13 local responses to disasters and emergencies not

14 declared by the President.

15 ‘‘(f) VOLUNTEERS.—Not later than 180 days after

16 the date of enactment of the Federal Disaster Prepared17 ness and Response Act of 1993, the Director shall—

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

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

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

23 ‘‘(g) DONATED GOODS.—Not later than 180 days

24 after the date of enactment of the Federal Disaster Pre25 paredness and Response Act of 1993, the Director shall—
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1 ‘‘(1) establish a system for the management of

2 goods donated to the Federal Government to support

3 disaster victims; and

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

5 SEC. 6. PREDECLARATION AUTHORITY.

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

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

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

9 ‘‘SEC. 203. PREDECLARATION AUTHORITY.

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

11 Director, events indicate that an emergency, major disas12 ter or catastrophic disaster is likely to be declared, a Fed13 eral agency, in consultation with the Director, may take

14 such actions as the agency considers necessary to prepare

15 to provide Federal assistance to State and local govern16 ments and to disaster victims.

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

18 reimbursed by the disaster relief fund for the cost of ac19 tions taken in accordance with this section.’’.

20 SEC. 7. DOMESTIC CRISIS MONITORING UNIT.

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

22 date after the enactment of this section, the President

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

24 as the ‘‘Domestic Crisis Monitoring Unit’’.
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1 (b) HEAD.—The Domestic Crisis Preparedness and

2 Monitoring Unit shall be headed by the Vice President.

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

4 or a designee of the Secretary, and the Director, or a des5 ignee of the Director, shall be detailed to the unit upon

6 activation.

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

8 Crisis Monitoring Unit shall—

9 (1) monitor potential and pending disasters and

10 emergencies;

11 (2) notify the President and Federal agencies of

12 impending disasters and emergencies as soon as

13 practicable; and

14 (3) ensure effective, coordinated, and rapid

15 Federal agency response in the immediate aftermath

16 of a catastrophic disaster or emergency.

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

18 Domestic Crisis Monitoring Unit shall coordinate with the

19 Director and the Governors of States affected by a cata20 strophic disaster or emergency or in which a catastrophic

21 disaster or emergency is likely to be declared.

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

23 Domestic Crisis Monitoring Unit during the warning

24 stages of a major or catastrophic disaster, or immediately

25 following a catastrophic disaster when there is no warning,
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1 and shall remain activated until the President determines

2 that continued activation is unwarranted.

3 (g) ROLE OF FEDERAL COORDINATING OFFICER.—

4 (1) CHIEF OF PRESIDENTIAL RESPONSE

5 PLAN.—After activation of the Domestic Crisis Mon6 itoring Unit, the Federal Coordinating Officer shall

7 retain authority as the chief administrator of the

8 Presidential Response Plan.

9 (2) COORDINATION OF PLAN PARTICIPANTS.—

10 The Federal Coordinating Officer shall coordinate

11 the activities of the participants of the Plan, includ12 ing consulting with participating agencies to deter13 mine disaster response priorities and directing par14 ticipating agencies to carry out assignments as

15 needed.

16 SEC. 8. DAMAGE AND NEEDS ASSESSMENT.

17 Title III of the Robert T. Stafford Disaster Relief

18 and Emergency Assistance Act (42 U.S.C. 5141 et seq.)

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

20 ‘‘SEC. 322. DISASTER STRIKE TEAMS.

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

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

23 establish disaster strike teams to be deployed at the dis24 cretion of the Director to an area where a major disaster,

25 catastrophic disaster, or emergency is likely to be declared.
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1 The Director or other FEMA official designated by the

2 Director shall lead each such strike team, which shall have

3 the purpose of assessing damage and resulting needs.

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

5 experts and officials from appropriate Federal agencies,

6 including FEMA and the Department of Defense, sup7 ported by representatives of State and local agencies, and

8 private relief agencies, to serve on the disaster strike

9 teams.

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

11 the request of the Director, the head of any Federal agen12 cy shall detail to temporary duty with a strike team on

13 a nonreimbursable basis, such personnel within the admin14 istrative jurisdiction of the head of the Federal agency as

15 the Director may need or believe to be useful for carrying

16 out the functions of the strike team. Each such detail shall

17 be without loss of seniority, pay, or other employee status.

18 ‘‘(d) EXERCISES.—The strike teams shall conduct

19 practice exercises at least annually, including officials

20 from appropriate Federal, State, and local agencies.

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

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

23 after the onset of a potential or actual catastrophic

24 disaster, the Director shall deploy a strike team es25 tablished under subsection (a) to evaluate the extent
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1 of the damage and the resulting needs for authorized

2 Federal disaster relief assistance.

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

4 after deployment, a strike team shall make rec5 ommendations to the Director, the President, and

6 the Governors of the affected States regarding the

7 damage and the resources needed to provide life sup8 port to the affected areas. The recommendation shall

9 classify the disaster and the anticipated level of re10 sponse according to a graduated scale developed by

11 the Director as part of the Presidential Response

12 Plan.

13 ‘‘(3) COORDINATION WITH STATE AND LOCAL

14 OFFICIALS.—The damage and needs assessments

15 shall be conducted in coordination with the State

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

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. 425. CATASTROPHIC DISASTERS.

22 ‘‘(a) DECLARATION.—

23 ‘‘(1) RECOMMENDATION BY DISASTER STRIKE

24 TEAMS.—At the onset of a disaster in which the dis25 aster strike teams established under section 322(a)
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1 have been deployed, or immediately thereafter, the

2 disaster strike teams shall make concurrent rec3 ommendations to the Director, the President, and

4 the Governors of the affected States, the Director,

5 and the President as to whether the disaster should

6 be declared a catastrophic disaster.

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

8 for a declaration by the President that a cata9 strophic disaster exists shall be made by the Gov10 ernors of the affected States. A request for a major

11 disaster declaration complying with the requirements

12 of section 401 may accompany the request for a dec13 laration of a catastrophic disaster.

14 ‘‘(3) FINAL DETERMINATION.—Based on a re15 quest or requests under paragraph (2), the Presi16 dent may declare that a catastrophic disaster, a

17 major disaster, or an emergency exists. A determina18 tion by the President that a catastrophic disaster or

19 an emergency exists shall be final.

20 ‘‘(b) EFFECT OF DETERMINATION.—

21 ‘‘(1) FEDERAL SHARE.—Notwithstanding sec22 tion 403 (b) and (c)(4), the Federal share of the eli23 gible cost of essential direct Federal assistance nec24 essary to sustain life or to protect property following

25 a catastrophic disaster declaration shall be—
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1 ‘‘(A) for the first 72 hours (and for up to

2 an additional 96 hours, at the discretion of the

3 President) 100 percent; and

4 ‘‘(B) after the assistance provided under

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

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

7 Upon the declaration of a catastrophic disaster, the

8 Federal Coordinating Officer shall assume an active

9 role in determining whether ancillary resources, such

10 as the resources of the Department of Defense, are

11 required to support any disaster response function.

12 Upon the determination that ancillary resources are

13 required for mass care, the Federal Coordinating Of14 ficer will actively assist the American Red Cross in

15 obtaining the resources of the Federal agencies.

16 ‘‘(3) RESPONSIBILITY OF THE DEPARTMENT OF

17 DEFENSE.—

18 ‘‘(A) IN GENERAL.—Following the declara19 tion of a catastrophic disaster, the Secretary of

20 Defense shall, when requested by the President

21 and with the concurrence of the Governor of the

22 affected State, provide to persons adversely af23 fected by the disaster, disaster response services

24 not otherwise available from State, local, or vol25 unteer agencies, including—
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1 ‘‘(i) food, water, and shelter;

2 ‘‘(ii) communications;

3 ‘‘(iii) debris removal;

4 ‘‘(iv) medical assistance; and

5 ‘‘(v) any other services necessary to

6 sustain human life or to promote recovery.

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

8 Defense shall be reimbursed by the disaster re9 lief fund for the provision of disaster response

10 services described in subparagraph (A).

11 ‘‘(C) DIRECTION OF ACTIVITIES.—The

12 provision of disaster response services under

13 subparagraph (A) and the administration of re14 lief by consenting State, local, and volunteer

15 agencies shall be directed by the Federal Co16 ordinating Officer in consultation with the Vice

17 President in coordination with the Governors of

18 the affected States or a designee of the Gov19 ernors. After a declaration of a catastrophic

20 disaster, specific requests by the Governors for

21 the individual disaster response services de22 scribed in subparagraph (A) shall not be nec23 essary.

24 ‘‘(D) TRAINING.—The Secretary of De25 fense shall undertake necessary training and ex-
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1 ercises to ensure preparedness for this humani2 tarian mission.

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

4 shall develop a contingency plan for the provi5 sion of disaster response services described in

6 subparagraph (A) in the event that sufficient

7 disaster response services are unavailable under

8 subparagraph (A).

9 ‘‘(4) ADDITIONAL ASSISTANCE.—

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), the assistance provided in this sub12 section shall supplement and not supplant the

13 major disaster assistance programs provided in

14 titles IV and V.

15 ‘‘(B) EXCEPTION.—Sections 302 and 303

16 shall not apply to catastrophic disasters for the

17 period described in paragraph (1)(A).’’.

18 SEC. 10. TARGETED EMERGENCY GRANTS.

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

20 Disaster Relief and Emergency Assistance Act (as amend21 ed by section 6 of this Act) is further amended by adding

22 at the end the following new section:

23 ‘‘SEC. 204. TARGETED EMERGENCY GRANTS.

24 ‘‘(a) IN GENERAL.—The Director shall establish a

25 grant program for the purposes of enabling States to pre-
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1 pare for, respond to, and recover from major disasters or

2 emergencies, including evaluations of hazards in the State.

3 Applications for a grant shall be reviewed by the Director,

4 and grant awards shall be based on the degree of risk of

5 major disasters or emergencies involved. Grants shall be

6 provided only upon compliance by the applicant State with

7 the performance standards established under subsection

8 (b).

9 ‘‘(b) PERFORMANCE STANDARDS.—

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

11 after the date of enactment of this section, the Di12 rector shall establish performance standards to de13 termine eligibility and application procedures for a

14 grant award under this section.

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

16 shall be based on the relative severity of risk to pub17 lic health, safety, and property at risk in the State,

18 and shall include provisions for—

19 ‘‘(A) updating emergency operations plans

20 annually;

21 ‘‘(B) ensuring interoperability between

22 Federal, State, and local emergency operations

23 plans;
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1 ‘‘(C) conducting training and annual exer2 cises with all appropriate entities including the

3 National Guard; and

4 ‘‘(D) requiring appropriate hazard mitiga5 tion activities.

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

7 shall conduct annual performance reviews of State

8 emergency operations plans based on the criteria de9 scribed in paragraph (2).

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

11 a State that does not meet the performance stand12 ards within 60 days of review. In the notice, the Di13 rector shall direct the State as to the steps that

14 must be taken to meet the performance standards.

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

16 does not meet the performance standards shall be

17 given an additional 60 days to comply.

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

19 share of a grant under this section shall be 50 percent

20 of the cost of updating the emergency preparedness activi21 ties of a State.

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

23 are authorized to be appropriated to carry out this section

24 $200,000,000 for each of fiscal years 1994 through

25 1998.’’.
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1 (b) FEDERAL SHARE OF ASSISTANCE.—Title VI of

2 such Act (42 U.S.C. 5201 et seq.) is amended by adding

3 at the end the following new section:

4 ‘‘SEC. 604. COMPLIANCE WITH PERFORMANCE STANDARDS.

5 ‘‘(a) IN GENERAL.—Notwithstanding any other pro6 vision of this Act, the Director shall establish a sliding

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

8 Federal share of the cost of eligible assistance to be pro9 vided under this section during the long-term recovery pe10 riod following a disaster or emergency for a State that

11 is not in compliance with the performance standards es12 tablished under section 204.

13 ‘‘(b) LONG-TERM RECOVERY DEFINED.—For the

14 purposes of this section, the term ‘long-term recovery’

15 means the results of activities undertaken to restore an

16 affected area to the original condition of the area and that

17 are not necessary to protect human health and public

18 safety in the immediate aftermath of a disaster.

19 ‘‘(c) SLIDING SCALE.—On the sliding scale estab20 lished under subsection (a), the Federal share shall not

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

22 each year the State remains out of compliance with the

23 performance standards. States that are not in compliance

24 with performance standards shall pay a greater share of

25 Federal assistance.’’.
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1 (c) CONFORMING AMENDMENTS.—

2 (1) Section 201 of the Robert T. Stafford Dis3 aster Relief and Emergency Assistance Act (42

4 U.S.C. 5131) is amended by striking subsection (d).

5 (2) Section 404 of such Act (42 U.S.C. 5170c)

6 is repealed.

7 (3) Section 106(c) of the Housing and Commu8 nity Development Act of 1974 (42 U.S.C. 5306(c))

9 is amended by striking paragraph (4).

10 (4) Section 5(b)(2)(A) of the Earthquake Haz11 ards Reduction Act of 1977 (42 U.S.C.

12 7704(b)(2)(A)) is amended—

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

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

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

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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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 position of Administrator of the United

2 States Fire Administration.

3 (4) The position of Superintendent of the Na4 tional Academy for Fire Prevention and Control.

5 (5) The positions of Regional Director of

6 FEMA, which shall be reduced in number.

7 (6) The position of General Counsel of FEMA.

8 (7) The position of Senior Advisor to the State

9 and Local Programs and Support Directorate.

10 (8) Positions of a confidential or policy-deter11 mining character described in schedule C of subpart

12 C of part 213 of title 5, Code of Federal Regula13 tions.

14 (c) CONFORMING AMENDMENTS.—

15 (1) Section 5(b) of the Federal Fire Prevention

16 and Control Act of 1974 (15 U.S.C. 2204(b)) is

17 amended by striking ‘‘appointed by the President, by

18 and with the advice and consent of the Senate, and

19 shall be’’.

20 (2) Section 7(b) of such Act (15 U.S.C.

21 2206(b)) is amended by striking ‘‘, who shall be ap22 pointed by the Secretary’’.
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1 SEC. 12. NATIONAL ACADEMY FOR FIRE AND ALL HAZARDS

2 TRAINING.

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 for Fire and All Haz7 ards Training. The National Academy for Fire and All

8 Hazards Training shall provide appropriate education for

9 fire prevention and control of all hazards emergency man10 agement.

11 (b) REDESIGNATION OF TRAINING ACADEMY.—Sec12 tion 7 of the Federal Fire Prevention and Control Act of

13 1974 (15 U.S.C. 2206) is amended—

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

15 Academy for Fire Prevention and Control’’ and in16 serting ‘‘National Academy for Fire and All Hazards

17 Training’’; and

18 (2) in subsection (d)—

19 (A) by striking ‘‘and’’ at the end of para20 graph (4);

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

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

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

24 paragraph:

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

26 Management Agency and State and local officials in
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1 all hazards, as defined in section 102(11) of the

2 Robert T. Stafford Disaster Relief and Emergency

3 Assistance Act (42 U.S.C. 5122(11)).’’.

4 (c) CONFORMING AMENDMENT.—Section 4 of such

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

6 Academy for Fire Prevention and Control’’ and inserting

7 ‘‘National Academy for Fire and All Hazards Training’’.

8 (d) TRANSFER OF FUNCTIONS AND RESOURCES.—

9 The Director of the Federal Emergency Management

10 Agency shall transfer the functions, personnel, facilities,

11 and equipment of the Emergency Management Institute

12 existing on the date of enactment of this Act to the Na13 tional Academy for Fire and All Hazards Training.

14 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

15 17 of such Act (15 U.S.C. 2216) is amended by adding

16 at the end the following new subsection:

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

18 National Academy for Fire and All Hazards Training

19 $80,000,000 for each of fiscal years 1994 through 1998.’’.

20 SEC. 13. RESEARCH CENTER.

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

22 Emergency Assistance Act (as amended by sections 6 and

23 10(a) of this Act) is further amended by adding at the

24 end the following new section:
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1 ‘‘SEC. 205. RESEARCH CENTER.

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

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

4 establish a university-based research center to—

5 ‘‘(1) conduct research on disaster management

6 methods, technologies, mitigation and response sys7 tems;

8 ‘‘(2) develop a curriculum for disaster manage9 ment and related fields curriculum; and

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

11 emergency response community.

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

13 shall be selected by the Director following a competitive

14 selection process.

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

16 the President and Congress on the activities of the consor17 tium.

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

19 are authorized to be appropriated to carry out this section

20 $5,000,000 for each of fiscal years 1994 and 1995.’’.

21 SEC. 14. REPEAL OF CIVIL DEFENSE ACT.

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

23 (50 U.S.C. App. 2251 et seq.) is repealed.

24 (b) CONFORMING AMENDMENTS.—

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

26 1970 (7 U.S.C. 1427a(d)(2)) is amended by striking
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1 ‘‘as proclaimed’’ and all that follows through the pe2 riod and inserting a period.

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

4 is amended by striking ‘‘Federal Civil Defense Ad5 ministrator’’ and inserting ‘‘Director of the Federal

6 Emergency Management Agency’’.

7 (3) Section 202 of the Robert T. Stafford Dis8 aster Relief and Emergency Assistance Act (42

9 U.S.C. 5132) is amended—

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

11 (B) by redesignating subsection (d) as sub12 section (c).

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