Federal Disaster Preparedness and Response Act of 1993 - Expresses the sense of the Congress that: (1) the Federal Government should give immediate attention to developing a broad risk-based strategy for improving Federal readiness and response to major disasters; (2) the all hazards approach is the best way to prepare the United States for all threats; (3) all reasonable actions should be taken to mitigate the effects of disasters; (4) the American Red Cross and other volunteer organizations make valuable contributions in responding to disasters; (5) State and local responses to disasters and emergencies must be strengthened and maintained; (6) private nonprofit organizations are important in disaster relief operations and essential for disaster preparedness, response, and recovery efforts; and (7) hazard mitigation is important in disaster preparedness and recovery.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act and other specified Federal law to establish a new framework for governing Federal, State, and local government and private relief agency preparedness for and response to major disasters and emergencies through such measures as: (1) requiring respective plans by the President and Director of the Federal Emergency Management Agency (FEMA) for providing Federal assistance, when requested, to affected States and establishing chains of command, Federal agency duties, and the relationship between them and those of the State and local governments and private relief agencies involved; (2) transferring the National Disaster Medical System to FEMA; (3) requiring review of the National Guard's role in responding to such events; and (4) requiring FEMA to inventory Federal disaster resources and establish systems for the use of volunteers and management of donated goods during disasters, a State grant program for disaster preparedness, response, and recovery, a university-based center for disaster research, and volunteer disaster medical and strike teams. Authorizes appropriations.
Directs the President to establish a Domestic Crisis Monitoring Unit, headed by the Vice President, to: (1) monitor potential disasters and emergencies; (2) notify the President and Federal agencies of impending disasters and emergencies as soon as practicable; and (3) ensure effective, coordinated, and rapid Federal agency response immediately afterwards.
Mandates restructuring of FEMA in order to implement an all hazards approach to disaster management, use defense-related resources for disasters, redefine the relationship between FEMA headquarters and regional offices, and relocate regional offices in high risk areas.
Redesignates various specified political appointee positions in FEMA as career reserved positions.
Creates the National Academy for Fire and All Hazards Training out of the National Academy for Fire Prevention and Control and Emergency Management Institute, which are abolished.
Repeals the Federal Civil Defense Act of 1950.
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 2548 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Disaster
Preparedness and Response Act of 1993''.
(b) Table of Contents.--The table of contents for 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.
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.
SEC. 2. DECLARATION OF PURPOSE.
The purpose of this Act is to--
(1) improve Government preparedness for and response to
catastrophic disasters;
(2) shift the emphasis of the Federal Emergency Management
Agency (referred to in this Act as ``FEMA'') from nuclear
attack-related activities to an all hazards approach;
(3) redirect the mission of FEMA to mitigation,
preparedness, response, and recovery for all hazards; and
(4) ensure that FEMA adopts a risk-based strategy to
improve preparedness for all hazards.
SEC. 3. DEFINITIONS.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) is amended--
(1) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) Major disaster.--`Major disaster' means any occasion
or instance that, as determined by the President, causes damage
of sufficient severity and magnitude to warrant major disaster
assistance under this Act to supplement the efforts and
available resources of State and local governments, and
disaster relief organizations in alleviating the damage, loss,
and hardship caused by the disaster. Major disasters include
disasters resulting from all hazards.''; and
(2) by adding at the end the following new paragraphs:
``(10) Catastrophic disaster.--The term `catastrophic
disaster' means a major disaster that immediately overwhelms
the ability of State, local, and volunteer agencies to
adequately provide victims of the disaster with services
necessary to sustain life.
``(11) All hazards.--The term `all hazards' means
emergencies and disasters resulting from natural accidental or
man-caused events, including, without limitation, civil
disturbances and attack-related disasters.
``(12) Director.--The term `Director' means the Director of
the Federal Emergency Management Agency.''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Federal government should give immediate attention
to developing a broad risk-based strategy for improving Federal
readiness and response to major disasters;
(2) the all hazards approach is the best way to prepare the
United States for all threats, including terrorism and foreign
attacks;
(3) all reasonable actions should be taken to mitigate the
effects of disasters;
(4) the American Red Cross and other volunteer
organizations have made, and will continue to make, valuable
contributions in responding to disasters nationwide by
providing channels for the generous sharing of time and
resources with those in need;
(5) initial response to emergencies and disasters is made
by State and local agencies, whose capabilities must therefore
be strengthened and maintained;
(6) private nonprofit organizations play an important role
in disaster relief operations, and are an essential element of
disaster preparedness, response, and recovery efforts; and
(7) hazard mitigation is an important preventive measure
and is a vital element in disaster preparedness and recovery.
SEC. 5. PRESIDENTIAL RESPONSE PLAN.
Section 201 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131) is amended--
(1) by striking subsections (c), and (d);
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Presidential Response Plan.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Federal Disaster Preparedness and
Response Act of 1993, the President, acting through the
Director, shall develop a Presidential Response Plan to provide
Federal assistance, when requested, to States impacted by a
major disaster, catastrophic disaster, or emergency, in
coordination with appropriate Federal and non-Federal agencies,
as determined by the President.
``(2) Training exercises.--The plan shall include
provisions for annual training exercises to be performed by
designated participants in the plan and State and local
entities and private relief agencies.
``(3) Operational plans.--The Director shall prepare
operational plans to accompany the Presidential Response Plan,
not later than 1 year after the date of enactment of the
Federal Disaster Preparedness and Response Act of 1993, that
shall--
``(A) describe the chains of command;
``(B) describe the specific duties of all Federal
agencies involved; and
``(C) describe the relationship between, and the
respective duties of, Federal, State, and local
governments, and private relief agencies; and
``(D) the operational plans described in this
paragraph shall be prepared for specific geographic
regions designated by the Director and shall--
``(i) be based on a comprehensive risk
assessment of the United States, undertaken by
the Director, which assesses the probability,
frequency, and severity of natural or man-made
disasters occurring and having a severe impact
on public health, safety, and property within
various regions;
``(ii) take into account the emergency
operations plans of the State and local
governments in the region; and
``(iii) support the development of mutual
aid agreements between and among the States and
local governments.
``(c) National Disaster Medical System.--
``(1) Transfer of functions.--The functions, personnel,
facilities, and equipment of the National Disaster Medical
System (referred to in this section as the `System') are
transferred from the Department of Health and Human Services to
a new directorate established within FEMA.
``(2) Mission of system.--It shall be the mission of the
System to prepare for and respond to major disasters,
catastrophic disasters, and emergencies that require medical
assistance in excess of the medical service capabilities of the
affected States. The system shall provide for--
``(A) medical assistance to a disaster area through
disaster medical assistance teams;
``(B) evacuation of patients that cannot be cared
for locally; and
``(C) hospitalization through a national network of
medical care facilities that agree to provide medical
care to disaster victims.
``(3) Local resources.--The services of the System shall
supplement and not supplant State and local medical resources.
``(4) Coordination of services.--The Director and the
Secretary of Defense shall establish procedures, roles, and
responsibilities for the provision of medical care in the event
of a catastrophic disaster to ensure coordination between the
System and the Department of Defense.
``(5) Military casualties.--The System shall be made
available to care for military casualties evacuated to the
United States in the event that the medical care capabilities
of the Department of Defense and the Department of Veterans
Affairs are exceeded.
``(6) Evaluation.--Not later than 180 days after the date
of enactment of this subsection, the Director shall evaluate
the performance of the System and the degree to which the
System fulfills the intended mission of the System, and make
recommendations to the President and Congress regarding
potential improvements in the operations of the System.
``(7) Disaster medical assistance teams.--
``(A) Establishment.--Not later than 1 year after
the date of enactment of the Federal Disaster
Preparedness and Response Act of 1993, the Director
shall take steps necessary to ensure that not fewer
than 20 disaster medical assistance teams are
established and are made operational. The Director
shall develop standards and guidelines for equipment,
staffing, operations, and regular training of the
disaster medical assistance teams not later than 1 year
after the date of enactment of the Federal Disaster
Preparedness and Response Act of 1993.
``(B) Employment security.--A volunteer who leaves
a position (other than a temporary position) in the
service of an employer to perform services in
conjunction with a disaster medical assistance team,
and makes application for reemployment within 90 days
after the completion of service or release from
hospitalization continuing after completion of service
for a period of not more than 1 year shall--
``(i) if still qualified to perform the
duties of the position or able to become
requalified with reasonable efforts by the
employer, be restored to the position or to a
position of like seniority, status, and pay; or
``(ii) if not qualified to perform the
duties of the position or able to become
requalified with reasonable efforts by the
employer, by reason of disability sustained
during service, but qualified to perform the
duties of any other position in the employ of
the employer, be offered employment and, if the
person so requests, be employed in such other
position the duties of which the person is
qualified to perform as will provide the person
like seniority, status, and pay, or the nearest
approximation of seniority, status, and pay,
consistent with the circumstances of the case,
unless the circumstances of the employer have
so changed as to make it impossible or
unreasonable to do so.
``(C) Construction with other laws.--Nothing in
this subsection shall excuse noncompliance with any law
of a State or political subdivision establishing
greater or additional rights or protections than the
rights and protections established under this
subsection.
``(8) Authorization of appropriations.--Beginning with
fiscal year 1994, there are authorized to be appropriated to
the National Disaster Medical System $20,000,000 for each
fiscal year, including $5,000,000 for the Disaster Medical
Assistance Teams.
``(d) Role of National Guard.--
``(1) Review.--The Secretary of Defense, in cooperation
with the Director, shall direct the Chief, National Guard
Bureau, to review the role of the National Guard in responding
to major disasters and emergencies and make recommendations to
the President. The recommendations shall address--
``(A) how the National Guard could better prepare
for and respond to major disasters and emergencies;
``(B) how the force structure of the National Guard
could be adjusted to provide Governors with improved
immediate access to critical assets during an
emergency;
``(C) how the National Guard should be integrated
with the Presidential Response Plan;
``(D) how the National Guard should coordinate with
the Disaster Medical Assistance Teams in preparing for
and responding to disasters and emergencies;
``(E) the development by the Chief, National Guard
Bureau, of a format for an interstate compact that,
when subscribed to by the States, facilitates the
mutual use of National Guard assets across State
borders during national disasters and domestic
emergencies; and
``(F) a study by the National Academy of Public
Administration, to determine the feasibility of
recommending to the Governors that the Adjutant General
of the State be identified as the State Coordinating
Official in all dealings with Federal agencies during
natural disasters and domestic emergencies.
``(2) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary of Defense shall
report to the President and Congress on the results of the
review.
``(3) All hazards response training.--The Chief, National
Guard Bureau, shall require National Guard units or members to
participate in specialized training and exercises designed to
enhance the readiness of the National Guard to respond to all
hazards. Up to 5 percent of the funds appropriated for the
military pay and operations and maintenance of the Army and Air
National Guard may be used to fund the training and exercises.
``(4) Interstate mutual assistance compact.--The States are
encouraged to enter into a nationwide compact for the mutual
use of National Guard assets across State borders during
domestic disasters and emergencies.
``(5) Response to disasters and reimbursement for
authorized activities.--To assure more effective and rapid
responses by National Guard units to natural disasters and
domestic emergencies, the Chief, National Guard Bureau, is
authorized to approve reimbursement to a State or States for
all or any part of expenses incurred as a result of the use of
the National Guard in any natural disaster or domestic
emergency at the onset of the disaster or domestic emergency in
any instance in which, in the judgment of the Governor of the
affected State, it is probable that the occurrence will result
in a declaration of a national emergency.
``(A) Eligibility.--For a State to be eligible for
reimbursement under this subsection for deployment of
its National Guard units in support of a natural
disaster and domestic emergency, the National Guard
units must be deployed in a State active duty status.
``(B) Source of funds.--Funds available for
disbursement to the States under this subsection shall
come from the funds appropriated to the disaster relief
fund.
``(C) Approval.--A request by a Governor for
reimbursement for use of the National Guard of the
State shall be submitted to the Director, and the
Director, upon validation of eligible activities, shall
issue the necessary funding documents to effect
reimbursement to the State.
``(D) Consistence with act.--In instances of
natural disasters and domestic emergencies that result
in a Federal declaration of a disaster or emergency by
the President, the Director shall ensure that all
funding reimbursement is in accordance with this Act,
at a Federal share rate determined for that occurrence.
``(6) Training and coordination with state entities.--
``(A) Authorization of appropriations.--There are
authorized to be appropriated $5,000,000 to the
National Guard through FEMA to conduct disaster and
emergency training exercises in conjunction with
appropriate State and local entities.
``(B) Allocation.--The Director shall allocate the
funds made available under subparagraph (A) to the
States.
``(C) Use of funds.--
``(i) In general.--Funds made available
under this paragraph shall be used to enhance
the preparedness of States for disasters and
emergencies.
``(ii) Minimum training.--The National
Guard shall be required to conduct at least 2
disaster preparedness training exercises
annually in every State, in conjunction with
appropriate State and local entities.
``(e) Disaster Resource Inventory.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Federal Disaster Preparedness and Response Act
of 1993, the Director shall complete an inventory of resources
that are available to the Federal Government, including medical
assets and foreign language communication, through public or
private entities, for use or deployment, or both, in disaster
relief or search and rescue operations following a major
disaster, catastrophic disaster, or emergency. Each item in the
inventory shall include the information necessary for prompt
access to the resource.
``(2) Organization.--The inventory shall be organized to
facilitate the dispatch of resources on a regional basis. This
paragraph shall not be construed to preclude the dispatch of
specialized equipment or scarce resources from outside the
geographic proximity of the disaster or emergency.
``(3) Availability.--The Director shall ensure that the
inventory is made available to the Governor of each State for
the purposes of formulating a request for the declaration of a
major disaster, catastrophic disaster, or emergency.
``(4) Maintenance.--The Director shall ensure that
information contained in the inventory is current and accurate.
``(5) State participation.--
``(A) In general.--Not later than 90 days after the
establishment of the inventory, the Director shall
request each Governor of a State to identify the State
Coordinating Officer and other public safety officials
who are responsible for coordinating or overseeing
State and local response to disasters and emergencies
in the State.
``(B) Access.--A public safety official designated
under subparagraph (A) shall have direct and immediate
access to the information contained in the inventory to
expedite State and local responses to disasters and
emergencies not declared by the President.
``(f) Volunteers.--Not later than 180 days after the date of
enactment of the Federal Disaster Preparedness and Response Act of
1993, the Director shall--
``(1) establish a system that is coordinated with systems
of private relief agencies to manage and utilize spontaneous
disaster volunteers to carry out priority disaster response
services; and
``(2) report to Congress on the system.
``(g) Donated Goods.--Not later than 180 days after the date of
enactment of the Federal Disaster Preparedness and Response Act of
1993, the Director shall--
``(1) establish a system for the management of goods
donated to the Federal Government to support disaster victims;
and
``(2) report to Congress on the system.''.
SEC. 6. PREDECLARATION AUTHORITY.
Title II of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131 et seq.) is amended by adding at the end
the following new section:
``SEC. 203. PREDECLARATION AUTHORITY.
``(a) Authority.--When, in the determination of the Director,
events indicate that an emergency, major disaster or catastrophic
disaster is likely to be declared, a Federal agency, in consultation
with 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.
``(b) Reimbursement.--The Federal agency shall be reimbursed by the
disaster relief fund for the cost of actions taken in accordance with
this section.''.
SEC. 7. DOMESTIC CRISIS MONITORING UNIT.
(a) Establishment.--Not later than 30 days of the date after the
enactment of this section, the President shall establish a unit within
the White House to be known as the ``Domestic Crisis Monitoring Unit''.
(b) Head.--The Domestic Crisis Preparedness and Monitoring Unit
shall be headed by the Vice President.
(c) Other Participants.--The Cabinet Secretary, or a designee of
the Secretary, and the Director, or a designee of the Director, shall
be detailed to the unit upon activation.
(d) Responsibilities.--The head of the Domestic Crisis Monitoring
Unit shall--
(1) monitor potential and pending disasters and
emergencies;
(2) notify the President and Federal agencies of impending
disasters and emergencies as soon as practicable; and
(3) ensure effective, coordinated, and rapid Federal agency
response in the immediate aftermath of a catastrophic disaster
or emergency.
(e) Coordination of Activities.--The head of the Domestic Crisis
Monitoring Unit shall coordinate with the Director and the Governors of
States affected by a catastrophic disaster or emergency or in which a
catastrophic disaster or emergency is likely to be declared.
(f) Activation.--The President shall activate the Domestic Crisis
Monitoring Unit during the warning stages of a major or catastrophic
disaster, or immediately following a catastrophic disaster when there
is no warning, and shall remain activated until the President
determines that continued activation is unwarranted.
(g) Role of Federal Coordinating Officer.--
(1) Chief of presidential response plan.--After activation
of the Domestic Crisis Monitoring Unit, the Federal
Coordinating Officer shall retain authority as the chief
administrator of the Presidential Response Plan.
(2) Coordination of plan participants.--The Federal
Coordinating Officer shall coordinate the activities of the
participants of the Plan, including consulting with
participating agencies to determine disaster response
priorities and directing participating agencies to carry out
assignments as needed.
SEC. 8. DAMAGE AND NEEDS ASSESSMENT.
Title III of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end
the following new section:
``SEC. 322. DISASTER STRIKE TEAMS.
``(a) In General.--Not later than 6 months after the date of
enactment of this section, the Director shall establish disaster strike
teams to be deployed at the discretion of the Director to an area where
a major disaster, catastrophic disaster, or emergency is likely to be
declared. The Director or other FEMA official designated by the
Director shall lead each such strike team, which shall have the purpose
of assessing damage and resulting needs.
``(b) Composition.--The Director shall designate experts and
officials from appropriate Federal agencies, including FEMA and the
Department of Defense, supported by representatives of State and local
agencies, and private relief agencies, to serve on the disaster strike
teams.
``(c) Detail of Government Employees.--Upon the request of the
Director, the head of any Federal agency shall detail to temporary duty
with a strike 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 strike team. Each such detail shall be without loss of
seniority, pay, or other employee status.
``(d) Exercises.--The strike teams shall conduct practice exercises
at least annually, including officials from appropriate Federal, State,
and local agencies.
``(e) Damage and Needs Assessment.--
``(1) In general.--Not later than 3 hours after the onset
of a potential or actual catastrophic disaster, the Director
shall deploy a strike team established under subsection (a) to
evaluate the extent of the damage and the resulting needs for
authorized Federal disaster relief assistance.
``(2) Recommendations.--As soon as possible after
deployment, a strike team shall make recommendations to the
Director, the President, and the Governors of the affected
States regarding the damage and the resources needed to provide
life support to the affected areas. The recommendation shall
classify the disaster and the anticipated level of response
according to a graduated scale developed by the Director as
part of the Presidential Response Plan.
``(3) Coordination with state and local officials.--The
damage and needs assessments shall be conducted in coordination
with the State and local officials of the affected area.''.
SEC. 9. CATASTROPHIC DISASTERS.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end
the following new section:
``SEC. 425. CATASTROPHIC DISASTERS.
``(a) Declaration.--
``(1) Recommendation by disaster strike teams.--At the
onset of a disaster in which the disaster strike teams
established under section 322(a) have been deployed, or
immediately thereafter, the disaster strike teams shall make
concurrent recommendations to the Director, the President, and
the Governors of the affected States, the Director, and the
President as to whether the disaster should be declared a
catastrophic disaster.
``(2) Request for declaration.--Requests for a declaration
by the President that a catastrophic disaster exists shall be
made by the Governors of the affected States. A request for a
major disaster declaration complying with the requirements of
section 401 may accompany the request for a declaration of a
catastrophic disaster.
``(3) Final determination.--Based on a request or requests
under paragraph (2), the President may declare that a
catastrophic disaster, a major disaster, or an emergency
exists. A determination by the President that a catastrophic
disaster or an emergency exists shall be final.
``(b) Effect of Determination.--
``(1) Federal share.--Notwithstanding section 403 (b) and
(c)(4), the Federal share of the eligible cost of essential
direct Federal assistance necessary to sustain life or to
protect property following a catastrophic disaster declaration
shall be--
``(A) for the first 72 hours (and for up to an
additional 96 hours, at the discretion of the
President) 100 percent; and
``(B) after the assistance provided under
subparagraph (A), not less than 75 percent.
``(2) Disaster response and mass care.--Upon the
declaration of a catastrophic disaster, the Federal
Coordinating Officer shall assume an active role in determining
whether ancillary resources, such as the resources of the
Department of Defense, are required to support any disaster
response function. Upon the determination that ancillary
resources are required for mass care, the Federal Coordinating
Officer will actively assist the American Red Cross in
obtaining the resources of the Federal agencies.
``(3) Responsibility of the department of defense.--
``(A) In general.--Following the declaration of a
catastrophic disaster, the Secretary of Defense shall,
when requested by the President and with the
concurrence of the Governor of the affected State,
provide to persons adversely affected by the disaster,
disaster response 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 by the disaster relief fund for the
provision of disaster response services described in
subparagraph (A).
``(C) Direction of activities.--The provision of
disaster response services under subparagraph (A) and
the administration of relief by consenting State,
local, and volunteer agencies shall be directed by the
Federal Coordinating Officer in consultation with the
Vice President in coordination with the Governors of
the affected States or a designee of the Governors.
After a declaration of a catastrophic disaster,
specific requests by the Governors for the individual
disaster response services described in subparagraph
(A) shall not be necessary.
``(D) Training.--The Secretary of Defense shall
undertake necessary training and exercises to ensure
preparedness for this humanitarian mission.
``(E) Contingency plan.--The Director shall develop
a contingency plan for the provision of disaster
response services described in subparagraph (A) in the
event that sufficient disaster response services are
unavailable under subparagraph (A).
``(4) Additional assistance.--
``(A) In general.--Subject to subparagraph (B), the
assistance provided in this subsection shall supplement
and not supplant the major disaster assistance programs
provided in titles IV and V.
``(B) Exception.--Sections 302 and 303 shall not
apply to catastrophic disasters for the period
described in paragraph (1)(A).''.
SEC. 10. TARGETED EMERGENCY GRANTS.
(a) In General.--Title II of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (as amended by section 6 of this Act) is
further amended by adding at the end the following new section:
``SEC. 204. TARGETED EMERGENCY GRANTS.
``(a) In General.--The Director shall establish a grant program for
the purposes of enabling States to prepare for, respond to, and recover
from major disasters or emergencies, including evaluations of hazards
in the State. Applications for a grant shall be reviewed by the
Director, and grant awards shall be based on the degree of risk of
major disasters or emergencies involved. Grants shall be provided only
upon compliance by the applicant State with the performance standards
established under subsection (b).
``(b) Performance Standards.--
``(1) Establishment.--Not later than 1 year after the date
of enactment of this section, the Director shall establish
performance standards to determine eligibility and application
procedures for a grant award under this section.
``(2) Criteria.--The performance standards shall be based
on the relative severity of risk to public health, safety, and
property at risk in the State, and shall include provisions
for--
``(A) updating emergency operations plans annually;
``(B) ensuring interoperability between Federal,
State, and local emergency operations plans;
``(C) conducting training and annual exercises with
all appropriate entities including the National Guard;
and
``(D) requiring appropriate hazard mitigation
activities.
``(3) Performance review.--The Director shall conduct
annual performance reviews of State emergency operations plans
based on the criteria described in paragraph (2).
``(4) Notification.--The Director shall notify a State that
does not meet the performance standards within 60 days of
review. In the notice, the Director shall direct the State as
to the steps that must be taken to meet the performance
standards.
``(5) Opportunity to comply.--A State that does not meet
the performance standards shall be given an additional 60 days
to comply.
``(c) Federal Share of Grant.--The Federal share of a grant under
this section shall be 50 percent of the cost of updating the emergency
preparedness activities of a State.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 1994 through 1998.''.
(b) Federal Share of Assistance.--Title VI of such Act (42 U.S.C.
5201 et seq.) is amended by adding at the end the following new
section:
``SEC. 604. COMPLIANCE WITH PERFORMANCE STANDARDS.
``(a) In General.--Notwithstanding any other provision of this Act,
the Director shall establish a sliding scale, in accordance with
subsection (c), setting forth the Federal share of the cost of eligible
assistance to be provided under this section during the long-term
recovery period following a disaster or emergency for a State that is
not in compliance with the performance standards established under
section 204.
``(b) Long-Term Recovery Defined.--For the purposes of this
section, the term `long-term recovery' means the results of activities
undertaken to restore an affected area to the original condition of the
area and that are not necessary to protect human health and public
safety in the immediate aftermath of a disaster.
``(c) Sliding Scale.--On the sliding scale established under
subsection (a), the Federal share shall not exceed 70 percent of the
cost of long-term recovery for each year the State remains out of
compliance with the performance standards. States that are not in
compliance with performance standards shall pay a greater share of
Federal assistance.''.
(c) Conforming Amendments.--
(1) Section 201 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5131) is amended by
striking subsection (d).
(2) Section 404 of such Act (42 U.S.C. 5170c) is repealed.
(3) Section 106(c) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5306(c)) is amended by striking
paragraph (4).
(4) 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. 11. REORGANIZATION OF FEMA.
(a) In General.--The Director shall restructure FEMA to--
(1) implement an all hazards approach to disaster
management that includes activities and measures designed or
undertaken to--
(A) minimize the effects of natural disasters,
civil disturbances, or attack-related emergencies and
disasters;
(B) respond to the immediate emergency conditions
that are created by the disasters; and
(C) effectuate emergency repairs to, or the
emergency restoration of, vital utilities and
facilities destroyed or damaged by a disaster, subject
to reimbursement by private utilities;
(2) utilize resources dedicated to defense-related programs
on the date of enactment of this Act to respond to major
disasters, catastrophic disasters, and emergencies;
(3) redefine the relationship between the Director and FEMA
headquarters and regional offices to ensure effective disaster
planning and response; and
(4) reduce the number of regional offices and locate the
offices in areas the Director identifies as high risk.
(b) Redesignation of Employee Positions.--Not later than December
31, 1995, the following employee positions within FEMA shall be
classified as career reserved positions within the meaning of section
3132(a)(8) of title 5, United States Code:
(1) The position of Executive Director of FEMA/Chief of
Staff of FEMA.
(2) The position of Federal Insurance Administrator.
(3) The position of Administrator of the United States Fire
Administration.
(4) The position of Superintendent of the National Academy
for Fire Prevention and Control.
(5) The positions of Regional Director of FEMA, which shall
be reduced in number.
(6) The position of General Counsel of FEMA.
(7) The position of Senior Advisor to the State and Local
Programs and Support Directorate.
(8) Positions of a confidential or policy-determining
character described in schedule C of subpart C of part 213 of
title 5, Code of Federal Regulations.
(c) Conforming Amendments.--
(1) Section 5(b) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2204(b)) is amended by striking
``appointed by the President, by and with the advice and
consent of the Senate, and shall be''.
(2) Section 7(b) of such Act (15 U.S.C. 2206(b)) is amended
by striking ``, who shall be appointed by the Secretary''.
SEC. 12. NATIONAL ACADEMY FOR FIRE AND ALL HAZARDS TRAINING.
(a) Establishment.--The National Academy for Fire Prevention and
Control and the Emergency Management Institute operated by FEMA are
abolished and merged into the National Academy for Fire and All Hazards
Training. The National Academy for Fire and All Hazards Training shall
provide appropriate education for fire prevention and control of all
hazards emergency management.
(b) Redesignation of Training Academy.--Section 7 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2206) is amended--
(1) in subsection (a), by striking ``National Academy for
Fire Prevention and Control'' and inserting ``National Academy
for Fire and All Hazards Training''; and
(2) in subsection (d)--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) train employees of the Federal Emergency Management
Agency and State and local officials in all hazards, as defined
in section 102(11) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122(11)).''.
(c) Conforming Amendment.--Section 4 of such Act (15 U.S.C. 2203)
is amended by striking ``National Academy for Fire Prevention and
Control'' and inserting ``National Academy for Fire and All Hazards
Training''.
(d) Transfer of Functions and Resources.--The Director of the
Federal Emergency Management Agency shall transfer the functions,
personnel, facilities, and equipment of the Emergency Management
Institute existing on the date of enactment of this Act to the National
Academy for Fire and All Hazards Training.
(e) Authorization of Appropriations.--Section 17 of such Act (15
U.S.C. 2216) is amended by adding at the end the following new
subsection:
``(h) There are authorized to be appropriated for the National
Academy for Fire and All Hazards Training $80,000,000 for each of
fiscal years 1994 through 1998.''.
SEC. 13. RESEARCH CENTER.
Title II of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (as amended by sections 6 and 10(a) of this Act) is
further amended by adding at the end the following new section:
``SEC. 205. RESEARCH CENTER.
``(a) Establishment.--Not later than 1 year after the date of
enactment of this section, the Director shall establish a university-
based research center to--
``(1) conduct research on disaster management methods,
technologies, mitigation and response systems;
``(2) develop a curriculum for disaster management and
related fields curriculum; and
``(3) provide education and training to the emergency
response community.
``(b) Composition.--The university or universities shall be
selected by the Director following a competitive selection process.
``(c) Report.--The center shall report annually to the President
and Congress on the activities of the consortium.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 1994 and 1995.''.
SEC. 14. REPEAL OF CIVIL DEFENSE ACT.
(a) Repeal.--The Federal Civil Defense Act of 1950 (50 U.S.C. App.
2251 et seq.) is repealed.
(b) Conforming Amendments.--
(1) Section 813(d)(2) of the Agricultural Act of 1970 (7
U.S.C. 1427a(d)(2)) is amended by striking ``as proclaimed''
and all that follows through the period and inserting a period.
(2) Section 310 of title 23, United States Code, is amended
by striking ``Federal Civil Defense Administrator'' and
inserting ``Director of the Federal Emergency Management
Agency''.
(3) Section 202 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5132) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection
(c).
<all>
HR 2548 IH----2
HR 2548 IH----3
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the House Committee on Public Works + Transportation.
Referred to the House Committee on Science, Space and Technology.
Referred to the Subcommittee on Oversight and Investigations.
Executive Comment Requested from FEMA.
Referred to the Subcommittee on Water Resources and Environment.
Executive Comment Requested from DOD, FEMA.
Referred to the Subcommittee on Science.
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