I
103D CONGRESS
1ST SESSION
H. R. 3399
To improve the ability of the Federal Government to prepare for and respond
to major disasters, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 28, 1993
Mr. BORSKI introduced the following bill; which was referred jointly to the
Committees on Public Works and Transportation and Armed Services
A BILL
To improve the ability of the Federal Government to prepare
for and respond to major disasters, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Disaster Response and Recovery Act of 1993’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Declaration of purpose.
Sec. 3. Definitions.
Sec. 4. Presidential response plan; Federal grants.
Sec. 5. Damage and needs assessment.
Sec. 6. Standards and reviews.
Sec. 7. Disaster resource inventory.
Sec. 8. Repeal of obsolete sliding scale limitation.
Sec. 9. Predeclaration authority.
Sec. 10. Essential assistance.
Sec. 11. Individual and family grant programs.
Sec. 12. Catastrophic disasters.
Sec. 13. Procedure for declaration of emergency.
Sec. 14. Reorganization.
Sec. 15. Revision of the Federal Civil Defense Act of 1950.
SEC. 2. DECLARATION OF PURPOSE.
The purpose of this Act is to—
(1) improve the Federal Government’s and
State and local governments’ preparedness for, re-
sponse to, and recovery from emergencies, disasters,
and terrorist attacks;
(2) combine Federal disaster preparedness, re-
sponse, and recovery authorities and activities with
Federal civil defense authorities and activities; and
(3) redirect the mission of the Federal Emer-
gency Management Agency (hereinafter in this Act
referred to as ‘‘FEMA’’) to preparedness, response,
recovery, and mitigation with respect to all disasters,
whether natural or man-made.
SEC. 3. DEFINITIONS.
Section 102 of The Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5122) is
amended—
(1) by striking paragraph (2) and inserting the
following:
‘‘(2) MAJOR DISASTER.—‘Major disaster’ means
any event of natural, human, or other origin in the
United States that the President determines is caus-
ing damage of sufficient severity and magnitude to
warrant major disaster assistance under this Act to
supplement the efforts and available resources of
State and local governments and disaster relief orga-
nizations in alleviating the damage, loss, hardship,
and suffering caused by the event.’’;
(2) by redesignating paragraphs (3) through
(9) as paragraphs (6) through (12), respectively;
and
(3) by inserting after paragraph (2) the follow-
ing new paragraphs:
‘‘(3) CATASTROPHIC DISASTER.—The term ‘cat-
astrophic disaster’ means a major disaster that the
President determines is overwhelming the ability of
State, local, and volunteer agencies to respond to the
disaster and provide victims of the disaster with
services necessary to sustain life.
‘‘(4) FEMA.—The term ‘FEMA’ means the
Federal Emergency Management Agency.
‘‘(5) DIRECTOR.—The term ‘Director’ means
the Director of FEMA.’’.
SEC. 4. PRESIDENTIAL RESPONSE PLAN; FEDERAL GRANTS.
(a) IN GENERAL.—Section 201 of The Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5131) is amended—
(1) by striking subsection (c);
(2) by redesignating subsections (b) and (d) as
subsections (i) and (j), respectively;
(3) in subsection (j), as so redesignated, by in-
serting ‘in fiscal years ending before October 1,
1994,’’ after ‘‘make grants’’; and
(4) by inserting after subsection (a) the follow-
ing new subsections:
‘‘(b) PRESIDENTIAL RESPONSE PLAN.—
‘‘(1) ESTABLISHMENT.—Not later than 1 year
after the date of the enactment of the Disaster Re-
sponse and Recovery Act of 1993, the Director, in
consultation with appropriate Federal and non-Fed-
eral agencies, shall develop a plan (hereinafter in
this Act referred to as the ‘‘Presidential Response
Plan’’) to provide Federal assistance, when re-
quested, to States affected by a major disaster, cata-
strophic disaster, or emergency.
‘‘(2) OPERATIONAL PLANS.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of the enactment of the Disaster
Response and Recovery Act of 1993, the Direc-
tor shall prepare, in cooperation with the Fed-
eral agencies designated under the Presidential
Response Plan, operational plans as part of the
Presidential Response Plan that shall include,
at a minimum, the following:
‘‘(i) A description of the chains of
command for responding to major disas-
ters, catastrophic disasters, and emer-
gencies.
‘‘(ii) A description of the specific du-
ties of all Federal agencies involved in such
response actions.
‘‘(iii) A description of the relationship
between, and the respective duties of, Fed-
eral, State, and local governments, private
relief agencies, and fire services involved in
such response actions.
‘‘(B) OTHER REQUIREMENTS.—The oper-
ational plans under this paragraph shall—
‘‘(i) be prepared on a regional basis;
‘‘(ii) be based on a comprehensive risk
assessment of the United States which the
Director shall carry out to assess the prob-
ability, frequency, and severity of major
disasters, catastrophic disasters, and emer-
gencies occurring within each region;
‘‘(iii) provide for coordination of the
emergency operations plans of State and
local governments in the region with the
operational plan prepared for the region
under this paragraph and with each other;
and
‘‘(iv) facilitate and enhance the devel-
opment of mutual aid agreements among
State and local government agencies.
‘‘(c) 
FEDERAL
DISASTER
PREPAREDNESS
GRANTS.—
‘‘(1) IN GENERAL.—
‘‘(A) 
ESTABLISHMENT.—The 
Director
shall establish a grant program to assist States
in fiscal years beginning after September 30,
1994, to prepare for major disasters, cata-
strophic disasters, and emergencies, including
conducting disaster and emergency training ex-
ercises in accordance with the Presidential Re-
sponse Plan.
‘‘(B) ALLOCATION OF FUNDS.—The Direc-
tor shall allocate 50 percent of the funds appro-
priated to carry out this subsection for a fiscal
year among the States in the ratio that the
population in each State bears to the total pop-
ulation of all of the States; except that no State
shall be allocated less than 1⁄2 of 1 percent of
such funds.
‘‘(C) DISCRETIONARY
GRANTS.—The Di-
rector shall use the remaining 50 percent of the
funds appropriated to carry out this subsection
to make discretionary grants to the States. In
selecting the States to receive such grants, the
Director shall consider—
‘‘(i) the potential risk that a major
disaster, catastrophic disaster, or emer-
gency will occur in the State; and
‘‘(ii) the potential amount and degree
of damage that could occur in the State as
the result of a major disaster, catastrophic
disaster, or emergency; and compliance of
the State with the performance standards
developed by the Director under section
313.
‘‘(2) STATE DISASTER PREPAREDNESS PLAN.—
The Director may only make a discretionary grant
to a State under this subsection if the State has a
disaster preparedness plan and is meeting or making
reasonable progress toward meeting the performance
standards issued under section 313.
‘‘(3) FEDERAL SHARE.—The Federal share of a
grant under this subsection for preparing for major
disasters, catastrophic disasters, and emergencies
shall not exceed 50 percent of the cost of such prep-
aration.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $100,000,000 for each of fiscal years
1995 through 1998.
‘‘(d) HAZARD MITIGATION GRANTS.—
‘‘(1) ESTABLISHMENT.—The Director shall es-
tablish a grant program to assist States in fiscal
years beginning after September 30, 1994, to mini-
mize damages likely to occur from major disasters,
catastrophic disasters, and emergencies.
‘‘(2) SELECTION
LIMITATION.—The Director
may only make a grant under this subsection to a
State if the Director determines that the activities to
be carried out with such grant will be cost effective
and substantially reduce the risk of future damage,
hardship, loss, or suffering in any area affected by
a major disaster, catastrophic disaster, or emer-
gency.
‘‘(3) FEDERAL SHARE.—The Federal share of a
grant made under this subsection to assist a State
in minimizing damages described in paragraph (1)
shall not exceed 75 percent of the cost of the activi-
ties to be carried out with such assistance.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $100,000,000 for each of fiscal years
1995 through 1998.
‘‘(e) ROLE OF NATIONAL GUARD.—
‘‘(1) REVIEW.—The Secretary of Defense, in
cooperation with the Director and in consultation
with the States, shall direct the Chief of the Na-
tional Guard Bureau—
‘‘(A) to review the role of the National
Guard in responding to major disasters, cata-
strophic disasters, and emergencies for the pur-
pose of making recommendations to the Presi-
dent to address—
‘‘(i) how the National Guard could
better prepare for and respond to major
disasters, catastrophic disasters, and emer-
gencies;
‘‘(ii) how the structure of the National
Guard could be adjusted to provide Gov-
ernors with improved immediate access to
critical assets during an emergency;
‘‘(iii) how the National Guard should
be integrated into the Presidential Re-
sponse Plan and into regional operational
plans; and
‘‘(iv) how the National Guard should
coordinate with disaster medical assistance
teams of the Department of Health and
Human Services in preparing for and re-
sponding to major disasters, catastrophic
disasters, and emergencies.
‘‘(B) to develop an interstate compact that,
if adopted by the States, would facilitate the
mutual use of National Guard assets across
State borders during major disasters, cata-
strophic disasters, and emergencies.
‘‘(2) REPORT.—Not later than 1 year after the
date of the enactment of this paragraph, the Sec-
retary of Defense shall transmit to the President
and Congress a report on the results of the review
conducted under paragraph (1) and a copy of the
proposed interstate compact developed under para-
graph (1).
‘‘(3) INTERSTATE
MUTUAL
ASSISTANCE
COM-
PACTS.—The Director, in consultation with the
Chief of the National Guard Bureau, shall take ac-
tion to encourage the States to enter into interstate
compacts for the mutual use of National Guard as-
sets across State borders during major disasters,
catastrophic disasters, and emergencies.
‘‘(4) RESPONSE
TO
DISASTERS
AND
REIM-
BURSEMENT FOR AUTHORIZED ACTIVITIES.—
‘‘(A) REIMBURSEMENT.—To assure more
effective and rapid responses by National Guard
units to major disasters, catastrophic disasters,
and emergencies, the Director is authorized to
reimburse a State or States for all or any part
of expenses incurred as a result of the use of
the National Guard at the onset of any event
for which, in the judgment of the Governor of
the affected State, it is probable that the event
will result in a declaration of a major disaster,
catastrophic disaster, or emergency under this
Act.
‘‘(B) SOURCE OF FUNDS.—Funds available
for disbursement to the States under this para-
graph shall come from the funds appropriated
to the disaster relief fund.
‘‘(C) CONSISTENCY
WITH
ACT.—In any
case in which an event results in a declaration
of a major disaster, catastrophic disaster, or
emergency under this Act, the Director shall
ensure that all reimbursements under this para-
graph are in accordance with this Act, including
the Federal share determined for the disaster
or emergency.
‘‘(5) TRAINING
AND
COORDINATION
WITH
STATE ENTITIES.—
‘‘(A) MINIMUM TRAINING.—The Governor
of a State receiving a discretionary grant under
subsection (c) of this section in a fiscal year
shall require the National Guard units in the
State to participate in such fiscal year with
other appropriate State and local entities in an-
nual training and other exercises designed to
enhance the readiness of the National Guard
and such other entities to respond to major dis-
asters, catastrophic disasters, and emergencies.
‘‘(B) MINIMUM STANDARDS.—The Direc-
tor and the Chief of the National Guard Bu-
reau shall establish minimum standards for
training and other exercises in which National
Guard units are to participate under this para-
graph.
‘‘(f) ROLE OF FIRE SERVICES.—The Director, in
consultation with national, regional, and State fire service
organizations, shall review the role of fire services in re-
sponding to major disasters, catastrophic disasters, and
emergencies for the purpose of determining—
‘‘(1) how fire services can better prepare for
and respond to major disasters, catastrophic disas-
ters, and emergencies; and
‘‘(2) how fire services should be integrated into
the Presidential Response Plan, State disaster pre-
paredness plans, and Federal regional operational
plans.
‘‘(g) VOLUNTEERS.—Not later than 1 year after the
date of the enactment of this subsection, the Director
shall—
‘‘(1) establish a system that is coordinated with
systems of private relief agencies to manage and uti-
lize spontaneous disaster volunteers to carry out pri-
ority disaster and emergency response services; and
‘‘(2) report to Congress and the States on the
system.
‘‘(h) DONATED GOODS.—Not later than 1 year after
the date of the enactment of this subsection, the Director
shall—
‘‘(1) establish a system for the management of
goods donated to the Federal Government to support
victims of disasters and emergencies; and
‘‘(2) report to Congress on the system so estab-
lished.’’.
(b) REPEAL OF FORMER GRANT PROVISION.—Effec-
tive October 1, 1994, subsection (j) of section 201 of such
Act, as redesignated by subsection (a), is repealed.
(c) CONFORMING AMENDMENTS.—
(1) SECTION
404
RTSDREA.—Section 404 of
The Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170c) is repealed.
(2) SECTION 5 OF EHRA.—Section 5(b)(2)(A)
of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7704(b)(2)(A)) is amended—
(A) by striking clause (iv); and
(B) by redesignating clauses (v) and (vi)
as clauses (iv) and (v), respectively.
SEC. 5. DAMAGE AND NEEDS ASSESSMENT.
Section 303 of The Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5144) is
amended to read as follows:
‘‘SEC. 303. DISASTER SUPPORT TEAMS.
‘‘(a) IN GENERAL.—Not later than 6 months after
the date of the enactment of this subsection, the Director
shall establish disaster support teams to be deployed to
an area where a major disaster, catastrophic disaster, or
emergency is likely to be declared or has been declared
and to assist the Federal coordinating officer in carrying
out his or her responsibilities under this Act.
‘‘(b) COMPOSITION.—The Director shall designate
experts and officials from appropriate Federal agencies
(including FEMA and the Department of Defense), State
and local governments, fire services, and private relief
agencies to serve on the disaster support teams.
‘‘(c) DETAIL OF GOVERNMENT EMPLOYEES.—Upon
the request of the Director, the head of any Federal agen-
cy shall detail to temporary duty with a disaster support
team, on a nonreimbursable basis, such personnel within
the administrative jurisdiction of the head of the Federal
agency as the Director may need or believe to be useful
for carrying out the functions of the support team. Each
such detail shall be without loss of seniority, pay, or other
employee status.
‘‘(d) DAMAGE AND NEEDS ASSESSMENT.—
‘‘(1) IN GENERAL.—After the onset of a poten-
tial or actual major disaster or catastrophic disaster
and, in any case in which the President declares a
major disaster or catastrophic disaster, not later
than 3 hours after the time of such declaration, the
Director shall deploy a disaster support team estab-
lished under subsection (a) to evaluate the extent of
the damage and the resulting needs for disaster re-
lief assistance.
‘‘(2) RECOMMENDATIONS.—As soon as possible
after deployment, a disaster support team shall
make recommendations to the Director, the Presi-
dent, and the Governors of the affected States re-
garding the damage and the resources needed to
provide disaster relief to the affected areas.
‘‘(3) COORDINATION WITH STATE AND LOCAL
OFFICIALS.—To the extent possible, the damage and
needs assessments under this subsection shall be
conducted in coordination with State and local offi-
cials of the affected area.’’.
SEC. 6. STANDARDS AND REVIEWS.
Section 313 of The Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5154) is
amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘The’’ the first place it appears;
(2) by inserting before the period at the end of
the first sentence the following: ‘‘, including per-
formance standards for assessing the level of State
preparedness for major disasters, catastrophic disas-
ters, and emergencies’’; and
(2) by adding at the end the following:
‘‘(b) REVIEW
OF
STATE
DISASTER
PREPARED-
NESS.—The Director shall conduct an annual review of
each State’s disaster preparedness to determine the extent
to which the State meets the performance standards is-
sued, by regulation, under this section. The Director shall
submit to Congress an annual report on the results of such
reviews.
‘‘(c) PERFORMANCE STANDARDS.—Not later than 1
year after the date of the enactment of this subsection,
the Director shall issue performance standards which will
ensure that a State is prepared to respond to major disas-
ters, catastrophic disasters, and emergencies. The per-
formance standards shall, at a minimum, require that a
State, when developing or revising its disaster prepared-
ness plan, will take into account the particular types of
major disasters, catastrophic disasters, or emergencies
that are likely to occur in the State.
‘‘(d) NOTIFICATION.—The Director shall notify a
State that is not making reasonable progress toward meet-
ing the performance standards issued under subsection (c)
within 60 days after the date on which the Director com-
pletes the review of the State’s disaster preparedness
under subsection (b). The notice shall include the Direc-
tor’s recommendations of the steps that must be taken for
the State to meet such standards.’’.
SEC. 7. DISASTER RESOURCE INVENTORY.
Section 315 of The Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5158) is
amended to read as follows:
‘‘SEC. 315. DISASTER RESOURCE INVENTORY.
‘‘(a) IN GENERAL.—Not later than 1 year after the
date of the enactment of this subsection, the Director shall
complete regional inventories of resources that are avail-
able to the Federal Government, including medical assets
and foreign language communications assets, through
public or private entities, for use or deployment, or both,
following a major disaster, catastrophic disaster, or emer-
gency. Each item in the inventory shall include the infor-
mation necessary for prompt access to the source.
‘‘(b) AVAILABILITY OF MATERIALS.—
‘‘(1) IN GENERAL.—A regional inventory under
this section may be amended to include, at the re-
quest of the Governor of an affected State, a survey
of construction materials needed in an area affected
by a major disaster or catastrophic disaster on an
emergency basis for housing repairs, replacement
housing, wastewater treatment, transportation, and
other public facilities repairs and replacement, farm-
ing operations, and business enterprises and to take
appropriate action to assure the availability and fair
distribution of needed materials. Any allocation pro-
gram shall be implemented by the Director to the
extent possible, by working with and through those
companies which traditionally supply construction
materials in the affected area.
‘‘(2) CONSTRUCTION
MATERIALS
DEFINED.—
For the purposes of this subsection, the term ‘con-
struction materials’ includes building materials and
materials required for repairing housing, replacing
housing, and repairing and replacing wastewater
treatment, transportation, and other public facilities
and for normal farm and business operations.
‘‘(c) AVAILABILITY TO GOVERNORS.—The Director
shall ensure that a regional inventory under this section
is made available to the Governor of each State in the
region for the purposes of formulating a request for the
declaration of a major disaster, catastrophic disaster, or
emergency.
‘‘(d) MAINTENANCE.—The Director shall ensure that
information contained in each inventory under this section
is current and accurate.
‘‘(e) STATE PARTICIPATION.—
‘‘(1) IN
GENERAL.—Not later than 90 days
after the completion of a regional inventory under
this section, the Director shall request the Governor
of each State in the region to identify the State co-
ordinating officer and fire service or other public
safety officials who are responsible for coordinating
or overseeing State and local response to disasters
and emergencies in the State.
‘‘(2) ACCESS.—A fire service or public safety
official designated under paragraph (1) shall have
direct and immediate access to the information con-
tained in the inventory to expedite State and local
responses to disasters and emergencies.’’.
SEC. 8. REPEAL OF OBSOLETE SLIDING SCALE LIMITATION.
Section 320 of The Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5162) is
repealed.
SEC. 9. PREDECLARATION AUTHORITY.
Section 401 of The Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5170) is
amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘All requests’’;
(2) by striking ‘‘information’’ in the fourth sen-
tence and inserting ‘‘such information as the Direc-
tor shall require’’; and
(3) by adding at the end the following new sub-
section:
‘‘(b) PREDECLARATION AUTHORITY.—
‘‘(1) PREPARATION.—When, in the determina-
tion of the Director, events indicate that an emer-
gency, major disaster, or catastrophic disaster is
likely to be declared, a Federal agency, with the ap-
proval of the Director, may take such actions as the
agency considers necessary to prepare to provide
Federal assistance to State and local governments
and to disaster victims.
‘‘(2) REIMBURSEMENT.—The Federal agency
shall be reimbursed from the disaster relief fund for
the cost of actions taken in accordance with this
subsection.’’.
SEC. 10. ESSENTIAL ASSISTANCE.
Section 403 of The Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5170b) is
amended—
(1) in subsection (a) by striking ‘‘Federal agen-
cies may’’ and all that follows through the period at
the end of paragraph (1) and inserting the following:
‘‘FEMA or, at the request of the Director, other
Federal agencies may provide disaster assistance es-
sential to meeting threats to life or property in prep-
aration for, or resulting from, a major disaster, cat-
astrophic disaster, or emergency as follows:
‘‘(1) FEDERAL
RESOURCES.—Purchasing and
storing, utilizing, lending, or donating Federal disas-
ter response equipment, supplies, and other re-
sources, other than the extension of credit, for use
and deployment by State and local governments, fire
services, and private relief agencies in preparation
for or following a major disaster, catastrophic disas-
ter, or emergency. Utilizing, lending, or donating fa-
cilities and personnel for use in deployment by State
and local governments, fire services, and private re-
lief agencies in preparation for or following a major
disaster, catastrophic disaster, or emergency.’’;
(2) in subsection (c)(1) by striking ‘‘During’’
and inserting ‘‘Immediately before or during’’; and
(3) by striking the last sentence of subsection
(c)(1).
SEC. 11. INDIVIDUAL AND FAMILY GRANT PROGRAMS.
Section 411(a) of The Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5178(a))
is amended by striking ‘‘or through other means’’.
SEC. 12. CATASTROPHIC DISASTERS.
Title IV of The Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170–5189b)
is amended by adding at the end the following new section:
‘‘SEC. 425. CATASTROPHIC DISASTERS.
‘‘(a) DECLARATION.—
‘‘(1) RECOMMENDATION BY DISASTER SUPPORT
TEAMS.—At the onset of an event in which the dis-
aster support teams established under section 303(a)
have been deployed, or immediately thereafter, the
disaster support teams shall make concurrent rec-
ommendations to the Director, the President, and
the Governors of the affected States as to whether
the event should be declared a catastrophic disaster.
‘‘(2) REQUEST
FOR
DECLARATION.—Requests
for a declaration by the President that a cata-
strophic disaster exists shall be made by the Gov-
ernors of the affected States. A request for a dec-
laration of a catastrophic disaster may accompany
the request for a declaration of a major disaster
under section 401.
‘‘(3) GENERAL
AUTHORITY.—The President
may declare that a catastrophic disaster, a major
disaster, or an emergency exists on the basis of a re-
quest under this subsection. If the President deter-
mines an immediate Federal response is required to
provide services necessary to sustain life, the Presi-
dent may declare a catastrophic disaster without re-
ceiving a request from the Governor of an affected
State.
‘‘(4) NOTIFICATION OF GOVERNOR.—The Presi-
dent shall inform the Governor of an affected State
that a catastrophic disaster declaration has been
made as soon after the declaration as practicable.
‘‘(b) EFFECT OF DETERMINATION.—
‘‘(1) DISASTER RESPONSE.—Upon the declara-
tion of a catastrophic disaster, the Director, after
consulting the Federal coordinating officer, shall de-
termine whether ancillary resources, such as the re-
sources of the Department of Defense, are required
to support any disaster response activities. Upon the
determination that ancillary resources are required,
the Director, after consulting the Federal coordinat-
ing officer, shall determine what resources of Fed-
eral agencies are necessary to respond to such disas-
ter and shall take such action as may be necessary
to ensure that such resources are made available.
‘‘(2) RESPONSIBILITY OF THE DEPARTMENT OF
DEFENSE.—
‘‘(A) IN GENERAL.—Following the declara-
tion of a catastrophic disaster, the Secretary of
Defense shall, when requested by the Director
and with the concurrence of the Governor of the
affected State, provide to persons adversely af-
fected by the disaster, disaster response mate-
rials and services not otherwise available from
State, local, or volunteer agencies, including—
‘‘(i) food, water, and shelter;
‘‘(ii) communications;
‘‘(iii) debris removal;
‘‘(iv) medical assistance; and
‘‘(v) any other services necessary to
sustain human life or to promote recovery.
‘‘(B) REIMBURSEMENT.—The Secretary of
Defense shall be reimbursed from the disaster
relief fund for the provision of disaster response
materials and services described in subpara-
graph (A).
‘‘(C) DIRECTION
OF
ACTIVITIES.—The
provision of disaster response materials and
services under subparagraph (A) and the ad-
ministration of relief by consenting State, local,
and volunteer agencies shall be directed by the
Federal Coordinating Officer, in consultation
with the Director and in coordination with the
Governors of the affected States or a designee
of any such Governor. After a declaration of a
catastrophic disaster, specific requests by the
Governors for individual disaster response ma-
terials and services described in subparagraph
(A) shall not be necessary.
‘‘(D) TRAINING.—The Secretary of De-
fense shall undertake necessary training and ex-
ercises to ensure preparedness for carrying out
this paragraph.
‘‘(3) ADDITIONAL ASSISTANCE.—The assistance
provided in this subsection shall supplement and not
supplant the major disaster and emergency assist-
ance programs provided in this title and title V.’’.
SEC. 13. PROCEDURE FOR DECLARATION OF EMERGENCY.
Section 501(a) of The Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5191(a))
is amended by striking ‘‘information’’ in the fourth sen-
tence and inserting ‘‘such information as the Director
shall require’’.
SEC. 14. REORGANIZATION.
(a) CODIFICATION OF DIRECTOR’S DUTIES.—Each
of the following sections of The Robert T. Stafford Disas-
ter Relief and Emergency Assistance Act are amended by
striking ‘‘President’’ each place it appears and inserting
‘‘Director’’: 201(i) (as redesignated by this Act), 201(j)
(as redesignated by this Act), 202 (other than subsection
(a)), 308, 309, 311, 313(a) (as designated by this Act),
406 (other than subsection (e)), 411, 416, 417, 418, 420,
and 422.
(b) QUALIFICATIONS OF DIRECTOR.—The President
may only appoint a person as the Director of FEMA if
such person has prior emergency management, disaster re-
lief assistance, or fire service experience.
(c) REDESIGNATION
OF EMPLOYEE POSITIONS.—
After December 31, 1993, each of the positions of Re-
gional Director of FEMA shall be classified as a career
reserved position within the meaning of section 3132(a)(8)
of title 5, United States Code.
(d) PRESIDENTIAL APPOINTMENTS.—After Decem-
ber 31, 1993, the following employee positions within
FEMA shall be subject to Presidential appointment with-
out confirmation by the Senate:
(1) The positions of Associate Director of each
of the following:
(A) External Affairs Directorate.
(B) National Preparedness Directorate.
(C) State and Local Programs and Sup-
port Directorate.
(2) The position of Federal Insurance Adminis-
trator.
(3) The position of Administrator of the United
States Fire Administration.
(4) The position of Superintendent of the Na-
tional Academy for Fire Prevention and Control.
(e) CONFORMING AMENDMENTS.—
(1) SECTION 5 OF FFPCA.—Section 5(b) of the
Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2204(b)) is amended by striking ‘‘, by
and with the advice and consent of the Senate,’’.
(2) SECTION 7 OF FFPCA.—Section 7(b) of such
Act (15 U.S.C. 2206(b)) is amended by striking
‘‘appointed by the Secretary’’ and inserting ‘‘ap-
pointed by the President’’.
SEC. 15. REVISION OF THE FEDERAL CIVIL DEFENSE ACT
OF 1950.
(a) IN GENERAL.—The Federal Civil Defense Act of
1950 (50 U.S.C. App. 2251–2303) is amended to read as
follows:
‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the
‘Federal Civil Defense Act of 1950’.
‘‘(b) TABLE OF CONTENTS.—
‘‘Sec. 1. Short title; table of contents.
‘‘Sec. 2. Declaration of policy.
‘‘Sec. 3. Definitions.
‘‘Sec. 4. Applicability of Act.
‘‘TITLE I—POWERS AND DUTIES
‘‘Sec. 101. Elements of civil defense.
‘‘Sec. 102. Detailed functions of director.
‘‘Sec. 103. Mutual aid pacts between States and neighboring countries.
‘‘Sec. 104. Civil defense identity insignia.
‘‘Sec. 105. Contributions for personnel and administrative expenses.
‘‘Sec. 106. State matching funds for construction of emergency operating cen-
ters.
‘‘Sec. 107. Use of funds to prepare for and respond to emergencies, major dis-
asters, and catastrophes.
‘‘TITLE II—MISCELLANEOUS PROVISIONS
‘‘Sec. 201. Loans to finance projects for civil defense purposes.
‘‘Sec. 202. Civil Defense Procurement Fund.
‘‘Sec. 203. Relation of Act to Atomic Energy Act of 1946.
‘‘Sec. 204. Rule of construction regarding investigation of espionage, sabotage,
or subversive acts.
‘‘Sec. 205. Separability.
‘‘SEC. 2. DECLARATION OF POLICY.
‘‘The purpose of this Act is to provide a system of
civil defense for the protection of life and property in the
United States from major disasters, catastrophic disas-
ters, and emergencies and to vest responsibility for civil
defense jointly in the Federal Government and the several
States and their political subdivisions. The Congress rec-
ognizes that the organizational structure established joint-
ly by the Federal Government and the several States and
their political subdivisions for civil defense purposes can
be effectively utilized to provide relief and assistance to
people in areas of the United States adversely affected by
a major disaster, catastrophic disaster, or emergency. The
Federal Government shall provide necessary direction, co-
ordination, and guidance and shall provide necessary as-
sistance as authorized in this Act.
‘‘SEC. 3. DEFINITIONS.
‘‘For purposes of this Act, the following definitions
apply:
‘‘(1) CATASTROPHIC DISASTER.—The term ‘cat-
astrophic disaster’ has the same meaning given that
term in section 102(3) of The Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(3)).
‘‘(2) CIVIL DEFENSE.—The term ‘civil defense’
means all those activities and measures designed or
undertaken—
‘‘(A) to minimize the effects of a major
disaster, catastrophic disaster, or emergency
upon the civilian population;
‘‘(B) to deal with the immediate emergency
conditions which would be created by the major
disaster, catastrophic disaster, or emergency;
‘‘(C) to effectuate emergency repairs to, or
the emergency restoration of, vital utilities and
facilities destroyed or damaged by the major
disaster, catastrophic disaster, or emergency; or
‘‘(D) to improve preparedness and re-
sponse training for a major disaster, cata-
strophic disaster, or emergency.
‘‘(3) DIRECTOR.—The term ‘Director’ means
the Director of the Federal Emergency Management
Agency.
‘‘(4) EMERGENCY.—The term ‘emergency’ has
the same meaning given that term in section 102(1)
of The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(1)).
‘‘(5) FACILITIES.—The term ‘facilities’, except
as otherwise provided in this Act, includes buildings,
shelters, utilities, and land.
‘‘(6) MAJOR DISASTER.—The term ‘major dis-
aster’ has the same meaning given that term in sec-
tion 102(2) of The Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C.
5122(2)).
‘‘(7) MATERIALS.—The term ‘materials’ in-
cludes raw materials, supplies, medicines, equip-
ment, component parts and technical information
and processes necessary for civil defense.
‘‘(8) NEIGHBORING
COUNTRIES.—The term
‘neighboring countries’ includes Canada and Mexico.
‘‘(9) ORGANIZATIONAL EQUIPMENT.—The term
‘organizational equipment’ means equipment (other
than those items which the local community nor-
mally utilizes in combating local disasters, except
when required in unusual quantities dictated by the
requirements of the civil defense plans) determined
by the Director to be—
‘‘(A) necessary to a civil defense organiza-
tion, as distinguished from personal equipment;
and
‘‘(B) of such a type or nature as to require
it to be financed in whole or in part by the Fed-
eral Government.
‘‘(10) STATE.—The term ‘State’ includes the
several States, the District of Columbia, the Terri-
tories, the possessions of the United States, and
interstate civil defense authorities established under
section 102(g).
‘‘SEC. 4. APPLICABILITY OF ACT.
‘‘The provisions of this Act shall be applicable to the
United States, its States, Territories and possessions, and
the District of Columbia, and their political subdivisions.
‘‘TITLE I—POWERS AND DUTIES
‘‘SEC. 101. ELEMENTS OF CIVIL DEFENSE.
‘‘Activities and measures designed or undertaken as
part of civil defense activities under this Act shall include
the following:
‘‘(1) Measures to be undertaken in preparation
for anticipated major disasters, catastrophic disas-
ters, and emergencies (including the establishment
of appropriate organizations, operational plans, and
supporting agreements, the recruitment and training
of personnel, the conduct of research, the procure-
ment and stockpiling of necessary materials and
supplies, the provision of suitable warning systems,
the construction or preparation of shelters, shelter
areas, and control centers, and, when appropriate,
the non-military evacuation of civil population).
‘‘(2) Measures to be undertaken during a major
disaster, catastrophic disaster, or emergency (includ-
ing the enforcement of passive defense regulations
prescribed by duly established military or civil au-
thorities, the evacuation of personnel to shelter
areas, the control of traffic and panic, and the con-
trol and use of lighting and civil communications).
‘‘(3) Measures to be undertaken following a
major disaster, catastrophic disaster, or emergency
(including activities for fire fighting, rescue, emer-
gency medical, health and sanitation services, mon-
itoring for specific dangers of special weapons,
unexploded bomb reconnaissance, essential debris
clearance, emergency welfare measures, and imme-
diately essential emergency repair or restoration of
damaged vital facilities).
‘‘SEC. 102. DETAILED FUNCTIONS OF DIRECTOR.
‘‘(a) PREPARATION
OF
PLANS
FOR
CIVIL
DE-
FENSE.—The Director may prepare national plans and
programs for the civil defense of the United States, spon-
sor and direct such plans and programs, and request such
reports on State plans and operations for civil defense as
may be necessary to keep the President, the Congress and
the States advised of the status of civil defense in the
United States.
‘‘(b) DELEGATION OF CIVIL DEFENSE RESPONSIBIL-
ITIES.—The Director may delegate, with the approval of
the President, to the several departments and agencies of
the Federal Government appropriate civil defense respon-
sibilities, and review and coordinate the civil defense ac-
tivities of the departments and agencies with each other
and with the activities of the States and neighboring
countries.
‘‘(c) 
CIVIL
DEFENSE
COMMUNICATIONS
AND
WARNINGS.—The Director may make appropriate provi-
sion for necessary civil defense communications and for
dissemination of warnings to the civilian population of a
major disaster, catastrophic disaster, or emergency.
‘‘(d) DEVELOPMENT OF PROTECTIVE MEASURES.—
The Director may study and develop civil defense meas-
ures designed to afford adequate protection of life and
property.
‘‘(e) TRAINING PROGRAMS.—The Director may con-
duct or arrange, by contract or otherwise, for training pro-
grams for the instruction of civil defense officials and
other persons in the organization, operation, and tech-
niques of civil defense. As part of such training programs,
the Director may conduct or operate schools or classes and
provide instructors and training aids as the Director con-
siders to be necessary. The Director may pay travel ex-
penses and provide per diem allowances, in lieu of subsist-
ence, for trainees in attendance at such training programs
or furnish subsistence and quarters for trainees and in-
structors on terms prescribed by the Director.
‘‘(f) DISSEMINATION OF INFORMATION.—The Direc-
tor may publicly disseminate appropriate civil defense in-
formation by all appropriate means.
‘‘(g) ENCOURAGEMENT OF STATE CIVIL DEFENSE
WORK.—The Director may assist and encourage the
States to negotiate and enter into interstate civil defense
compacts. The Director shall review the terms and condi-
tions of such proposed compacts in order to assist to the
extent feasible in obtaining uniformity therein and consist-
ency with the national civil defense plans and programs
and assist and coordinate the activities under such com-
pacts. The Director shall aid and assist in encouraging
reciprocal civil defense legislation by the States which will
permit the furnishing of mutual aid for civil defense pur-
poses in the event of a major disaster, catastrophic disas-
ter, or emergency that cannot be adequately met or con-
trolled by a State or political subdivision thereof.
‘‘(h) SUBMISSION OF COMPACTS.—A copy of each
civil defense compact entered into under subsection (g)
shall be transmitted promptly to the Senate and the House
of Representatives. The consent of the Congress shall be
granted to each such compact, upon the expiration of the
first period of sixty calendar days of continuous session
of the Congress following the date on which the compact
is transmitted to it; but only if, between the date of trans-
mittal and expiration of such sixty-day period, there has
not been passed a concurrent resolution stating in sub-
stance that the Congress does not approve the compact.
Nothing in this subsection shall be construed as prevent-
ing Congress from withdrawing at any time its consent
to any such compact.
‘‘(i) FINANCIAL AID TO STATES.—The Director may
make financial contributions, on the basis of programs or
projects approved by the Director, to the States for civil
defense purposes, including the procurement, construc-
tion, leasing, or renovating of materials and facilities.
Such contributions shall be made on such terms or condi-
tions as the Director shall prescribe, including the method
of purchase, the quantity, quality, or specifications of the
materials or facilities, and such other factors or care or
treatment to assure the uniformity, availability, and good
condition of such materials or facilities. All laborers and
mechanics employed by contractors or subcontractors in
the performance of construction work financed with the
assistance of any contribution of Federal funds made by
the Director under the provisions of this section shall be
paid wages at rates not less than those prevailing on simi-
lar construction in the locality as determined by the Sec-
retary of Labor in accordance with the Davis-Bacon Act
(40 U.S.C. 276a–276a–5), and every such employee shall
receive compensation at a rate not less than one and one-
half times the basic rate of pay of the employee for all
hours worked in any work week in excess of eight hours
in any workday or forty hours in the work week, as the
case may be. The Director shall make no contribution of
Federal funds without first obtaining adequate assurance
that these labor standards will be maintained upon the
construction work.
‘‘(j) SURPLUS PROPERTY.—The Director may ar-
range for the sale or disposal of materials and facilities
found by the Director to be unnecessary or unsuitable for
civil defense purposes in the same manner as provided for
excess property in the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 471 et seq.), and
any funds received as proceeds from the sale or other dis-
position of such materials and facilities shall be covered
into the Treasury as miscellaneous receipts.
‘‘SEC. 103. MUTUAL AID PACTS BETWEEN STATES AND
NEIGHBORING COUNTRIES.
‘‘The Director shall give all practicable assistance to
States in arranging, through the Department of State,
mutual civil defense aid between the States and neighbor-
ing countries.
‘‘SEC. 104. CIVIL DEFENSE IDENTITY INSIGNIA.
‘‘The Director may prescribe insignia, arm bands,
and other distinctive articles (including designs previously
covered under Letters Patent which were assigned to the
United States and held by the Office of Civilian Defense
created by Executive Order Numbered 8757 issued May
20, 1941) which may be manufactured for or possessed
or worn by persons engaged in civil defense activities pur-
suant to rules for the manufacture, possession, or wearing
thereof established by the Director. The manufacture, pos-
session, or wearing of any such insignia, arm band, or
other distinctive article otherwise than in accordance with
such rules shall be unlawful and shall subject such person
to a fine of not more than $1,000 or imprisonment of not
more than one year, or both.
‘‘SEC. 105. CONTRIBUTIONS FOR PERSONNEL AND ADMINIS-
TRATIVE EXPENSES.
‘‘(a) CONTRIBUTIONS AUTHORIZED.—To further as-
sist in carrying out the purpose of this Act, the Director
may make financial contributions to the States (including
interstate civil defense authorities established pursuant to
section 201(g)) for necessary and essential State and local
civil defense personnel and administrative expenses, on the
basis of approved plans (which shall be consistent with the
national plan for civil defense approved by the Director)
for the civil defense of the States. The financial contribu-
tions to the States for the purposes of this section shall
not exceed one-half of the total cost of such necessary and
essential State and local civil defense personnel and ad-
ministrative expenses.
‘‘(b) CONTENTS OF PLAN.—A plan submitted under
this section shall—
‘‘(1) provide, pursuant to State law, that the
plan shall be in effect in all political subdivisions of
the State and be mandatory on them, and be admin-
istered or supervised by a single State agency;
‘‘(2) provide that the State shall share the fi-
nancial assistance with that provided by the Federal
Government under this section from any source de-
termined by it to be consistent with State law;
‘‘(3) provide for the development of State and
local civil defense operational plans, pursuant to
standards approved by the Director;
‘‘(4) provide for the employment of a full-time
civil defense director, or deputy director, by the
State, and for such other methods of administration;
‘‘(5) provide that the State shall make such re-
ports in such form and content as the Director may
require;
‘‘(6) make available to duly authorized rep-
resentatives of the Director and the Comptroller
General, books, records, and papers necessary to
conduct audits for the purposes of this section.
‘‘(c) OTHER TERMS AND CONDITIONS.—The Direc-
tor shall establish such other terms and conditions to
carry out this section as the Director may consider to be
necessary and proper.
‘‘(d) APPLICABILITY OF OTHER LAW.—In carrying
out the provisions of this section, the provisions of section
102(g) shall apply.
‘‘(e) ALLOCATION TO STATES.—For each fiscal year
concerned, the Director shall allocate to each State, in ac-
cordance with regulations and the total sum appropriated
hereunder, amounts to be made available to the States for
the purposes of this section. Regulations governing alloca-
tions to the States shall give due regard to (1) the critical-
ity of the target and support areas and the areas which
may be affected by major disasters, catastrophic disasters,
and emergencies with respect to the development of the
total civil defense readiness of the United States, (2) the
relative state of development of civil defense readiness of
the State, (3) population, and (4) such other factors as
the Director shall prescribe. The Director may reallocate
the excess of any allocation not utilized by a State in an
approvable plan submitted under this section. Amounts
paid to any State or political subdivision under this section
shall be expended solely for the purposes set forth in the
section.
‘‘(f) EFFECT OF FAILURE TO SUBMIT PLAN.—In the
event a State fails to submit an approval plan as required
by this section within sixty days after the Director notifies
the States of the allocations hereunder, the Director may
reallocate such funds, or portions thereof, among the other
States in such amounts as, in the judgment of the Direc-
tor, will best assure the adequate development of the civil
defense capability of the United States.
‘‘(g) ANNUAL REPORT.—The Director shall report
annually to the Congress all contributions made pursuant
to this section.
‘‘SEC. 106. STATE MATCHING FUNDS FOR CONSTRUCTION
OF EMERGENCY OPERATING CENTERS.
‘‘Notwithstanding any other provision of this Act,
funds appropriated to carry out this Act may not be used
for the purpose of constructing emergency operating cen-
ters (or similar facilities) in any State unless such State
matches in an equal amount the amount made available
to such State under this Act for such purpose.
‘‘SEC. 107. USE OF FUNDS TO PREPARE FOR AND RESPOND
TO MAJOR DISASTERS, CATASTROPHES, AND
EMERGENCIES.
‘‘Funds made available to the States under this Act
may be used by the States for the purposes of preparing
for, and providing emergency assistance in response to a
major disaster, catastrophic disaster, or emergency. Regu-
lations prescribed to carry out this section shall authorize
the use of civil defense personnel, materials, and facilities
supported in whole or in part through contributions under
this Act for civil defense activities and measures related
to major disasters, catastrophic disasters, or emergencies.
‘‘TITLE II—MISCELLANEOUS
PROVISIONS
‘‘SEC. 201. LOANS TO FINANCE PROJECTS FOR CIVIL DE-
FENSE PURPOSES.
‘‘To aid in carrying out the purpose of this Act, the
Director is authorized to certify to the Secretary of Trans-
portation as to the necessity of purchasing securities or
making a loan or loans (including participations therein
and guarantees thereof) for the purpose of aiding in fi-
nancing projects for civil defense purposes. Upon such cer-
tification by the Director, the Secretary is authorized to
purchase such securities or to make such loan or loans
(including participations therein and guarantees thereof)
with maturities not to exceed fifty years and on such terms
and conditions as the Secretary may determine, except
that any such purchases of securities or loans may be
made only to the extent that financing is not otherwise
available on reasonable terms. The total amount of loans,
purchases, participations, and guarantees, made pursuant
to this section shall not exceed $250,000,000 outstanding
at any one time.
‘‘SEC. 202. CIVIL DEFENSE PROCUREMENT FUND.
‘‘There is established a working capital of $5,000,000
for the ‘Civil Defense Procurement Fund’, which is estab-
lished for the purpose of financing the procurement by the
Director of materials or organizational equipment for
which financial contributions to the States are otherwise
authorized to be made on a matching basis by subsection
102(i). The Fund shall be charged with the purchase price
of the materials or organizational equipment, and shall be
paid therefor in advance, or be reimbursed, in equal
amounts from (1) applicable appropriations, and (2) funds
provided by the States. Such materials or organizational
equipment may be delivered to any State, and the Federal
share of the purchase price of materials or organizational
equipment so delivered shall be in lieu of equivalent finan-
cial contributions therefor.
‘‘SEC. 203. RELATION OF ACT TO ATOMIC ENERGY ACT OF
1946.
‘‘Nothing in this Act shall be construed to amend or
modify the provisions of the Atomic Energy Act of 1946
(42 U.S.C. 2011 et seq.).
‘‘SEC. 204. RULE OF CONSTRUCTION REGARDING INVES-
TIGATION OF ESPIONAGE, SABOTAGE, OR
SUBVERSIVE ACTS.
‘‘Nothing in this Act shall be construed to authorize
investigations of espionage, sabotage, or subversive acts
by any persons other than personnel of the Federal Bu-
reau of Investigation.
‘‘SEC. 205. SEPARABILITY.
‘‘If any provision of this Act or the application of
such provision to any person or circumstances shall be
held to be invalid, the remainder of the Act, and the appli-
cation of such provisions to persons or circumstances other
than those as to which it is held invalid, shall not be af-
fected thereby.’’.
(b) CONFORMING AMENDMENTS.—
(1) CROSS REFERENCE.—Section 202(c) of The
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5132(c)) is amended by
striking ‘‘section 201(c) of the Federal Civil Defense
Act of 1950, as amended (50 U.S.C. App.
2281(c)),’’ and inserting ‘‘section 102(c) of the Fed-
eral Civil Defense Act of 1950’’.
(2) REPEAL.—The undesignated paragraph
under the heading ‘‘CIVIL DEFENSE PROCUREMENT
FUND’’ in chapter XI of the Third Supplemental Ap-
propriation Act, 1951 (50 U.S.C. App. 2264; 65
Stat. 61) is repealed.
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