[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2692 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2692

  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

                             July 21, 1993

   Mr. Peterson of Florida 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 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 Emergency 
Response Improvement Act of 1993''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Declaration of purpose.
Sec. 3. Definitions.
Sec. 4. Sense of Congress.
Sec. 5. Presidential and State response plans.
Sec. 6. Domestic Crisis Monitoring Unit.
Sec. 7. Damage and needs assessment.
Sec. 8. Catastrophic disasters.
Sec. 9. Reorganization of FEMA.

SEC. 2. DECLARATION OF PURPOSE.

    The purposes of this Act are--
            (1) to improve Government preparedness for and response to 
        disasters;
            (2) to shift the emphasis of the Federal Emergency 
        Management Agency (hereinafter in this Act referred to as 
        ``FEMA'') from nuclear attack-related activities to an all 
        hazards approach; and
            (3) to 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) Major disaster.--The term `major disaster' means any 
        event that the President determines 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 event. Such events may result 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' as used with 
        respect to a disaster means that the disaster results from any 
        natural, accidental, or man-caused event, including any civil 
        disturbance, act of terrorism, or attack-related disaster.
            ``(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;
            (3) 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; and
            (4) the initial response to emergencies and disasters is 
        made by State and local agencies, whose capabilities must 
        therefore be strengthened and maintained.

SEC. 5. PRESIDENTIAL AND STATE RESPONSE PLANS.

    Section 201 of The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5131) is amended by adding at the end the 
following new subsections:
    ``(e) Disaster Resource Inventory.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this subsection, the President or his designee 
        shall conduct and complete an inventory of critical resources 
        related to emergency assistance that are available to the 
        Federal Government, including medical assets and foreign 
        language communication capability, 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 with permission of the Federal agency head in the 
        case of government property and with permission of the owner in 
        case of private property.
            ``(2) Organization.--The inventory shall be organized to 
        facilitate the dispatch of resources on a regional basis. 
        Nothing in this paragraph shall 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 President shall ensure that the 
        inventory is made available to the Governor of each State.
            ``(4) Maintenance.--The President shall ensure that 
        information in the inventory is current and accurate.
            ``(5) State participation.--
                    ``(A) In general.--Not later than 90 days after the 
                date of completion 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 
                by a Governor pursuant to a request 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.
            ``(6) Funding.--There is authorized to be appropriated 
        $15,000,000 to carry out this subsection.
    ``(f) Certified States.--
            ``(1) In general.--Not later than 120 days after the date 
        of the enactment of the Federal Emergency Response Improvement 
        Act of 1993, the Director shall establish a certification 
        program for the purpose of encouraging States to prepare for, 
        respond to, and recover from major disasters, catastrophic 
        disasters, and emergencies, including evaluations of hazards in 
        the State. Applications for certification shall be reviewed by 
        the Director. The Director shall grant certification under this 
        subsection only upon compliance by the applicant State with the 
        performance standards established under paragraph (3).
            ``(2) Increased federal share.--States which receive 
        certification under this subsection shall be eligible for an 
        increased Federal share under section 425 of this Act.
            ``(3) Performance standards.--
                    ``(A) Establishment.--Not later than 1 year after 
                the date of the enactment of this subsection, the 
                Director shall establish performance standards to 
                determine eligibility for certification under this 
                subsection.
                    ``(B) Criteria.--The performance standards shall 
                ensure that the State is prepared for, and has the 
                capability to respond to, and recover from, major 
                disasters, catastrophic disasters, and emergencies, 
                shall be based on the relative severity of risk to 
                public health, safety, and property in the State, and 
                shall include provisions for--
                            ``(i) conducting the State's inventory of 
                        resources that are available for use or 
                        deployment, or both, in disaster relief or 
                        search and rescue operations following a major 
                        disaster, catastrophic disaster, or emergency, 
                        including with respect to each item in the 
                        inventory the information necessary for prompt 
                        access to the resource;
                            ``(ii) establishing emergency operations 
                        plans for the State; and
                            ``(iii) ensuring interoperability between 
                        Federal, State, and local emergency operations 
                        plans.
                    ``(C) Review.--The Director shall conduct an annual 
                review of the inventory and emergency operations plans 
                for each State certified under this subsection to 
                ensure that such inventory and plans meet the criteria 
                described in subparagraph (B) and to ensure that the 
                State is otherwise prepared for, and has the capability 
                to respond to, and recover from, major disasters, 
                catastrophic disasters, and emergencies.
                    ``(D) Notification.--The Director shall notify a 
                State that does not meet the performance standards for 
                certification under this subsection within 60 days 
                after the date on which the review for such 
                certification is conducted by the Director. The notice 
                shall include the Director's recommendations of the 
                steps that must be taken for the State to meet such 
                standards.
                    ``(E) Reapplication.--Once a State has submitted a 
                new application after receiving notification under 
                subparagraph (D), the Director shall review the 
                reapplication and advise the State of its findings 
                within 180 days of the date of such submission.
    ``(g) Volunteers.--Not later than 180 days after the date of the 
enactment of this subsection, the President shall--
            ``(1) establish a system that is coordinated with systems 
        of private relief agencies to manage and utilize disaster 
        volunteers to carry out priority disaster response services; 
        and
            ``(2) report to Congress on the system.
    ``(h) Donated Goods.--Not later than 180 days after the date of the 
enactment of this subsection, the President shall--
            ``(1) establish a system for the management of goods 
        donated to the Federal Government for disaster victims; and
            ``(2) report to Congress on the system.''.

SEC. 6. DOMESTIC CRISIS MONITORING UNIT.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the President shall establish a unit within the 
National Security Council to be known as the ``Domestic Crisis 
Monitoring Unit''.
    (b) Head.--The Domestic Crisis Monitoring Unit shall be headed by a 
member of the National Security Council designated by the President.
    (c) Other Participants.--The Domestic Crisis Monitoring Unit shall 
consist of Federal Government department and agency heads designated by 
the President or the designee of any such department or agency head.
    (d) Responsibilities.--The Domestic Crisis Monitoring Unit shall--
            (1) monitor potential and pending disasters and 
        emergencies;
            (2) notify the President and Federal agencies of imminent 
        disasters and emergencies when it deems necessary; and
            (3) ensure effective, rapid, and immediate Federal agency 
        response to a major disaster, catastrophic disaster, or 
        emergency by coordinating the activities of Federal entities 
        with FEMA and the Governors of States affected by a major 
        disaster, catastrophic disaster, or emergency or in which a 
        major disaster, catastrophic disaster, or emergency is likely 
        to be declared. Those activities will include consulting with 
        participating agencies to determine disaster response 
        priorities and directing participating agencies to carry out 
        assignments as needed.
    (e) Administration.--The Domestic Crisis Monitoring Unit shall have 
a staff to be supervised by the head of the Unit. All executive 
departments and agencies shall cooperate with the Unit and shall 
provide such assistance, information, and advice to the Unit as the 
Unit may request but only to the extent permitted by law.

SEC. 7. DAMAGE AND NEEDS ASSESSMENT.

    Title III of The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5141-5164) 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 the 
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 any other official of the Federal Emergency 
Management Agency designated by the Director shall lead each strike 
team. The purpose of the strike team shall be to assess damage and 
resulting needs.
    ``(b) Composition.--The Director shall request experts and 
officials from appropriate Federal agencies, including the Federal 
Emergency Management Agency, the Department of Defense, the Department 
of Health and Human Services, supported by representatives of State and 
local agencies, and private relief agencies, to serve on disaster 
strike teams.
    ``(c) Damage and Need Assessment.--
            ``(1) In general.--Not later than 3 hours after the onset 
        of a potential or actual catastrophic disaster, the Director 
        shall deploy a disaster strike team established under 
        subsection (a) to evaluate the extent of the damage and the 
        resulting needs for Federal disaster relief assistance.
            ``(2) Recommendations.--As soon as possible after 
        deployment, a disaster strike team shall make recommendations 
        to the Director, the President, the head of the Domestic Crisis 
        Monitoring Unit, and the Governors of the affected States 
        regarding the damage and the resources needed to provide life 
        support to the affected areas. The recommendations shall 
        classify the disaster and the anticipated level of response.
            ``(3) Coordination with state and local officials.--The 
        damage and needs assessments shall be conducted in coordination 
        with State and local officials of the affected area.''.

SEC. 8. 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 strike team.--At the onset 
        of a disaster for which a disaster strike team established 
        under section 322(a) has been deployed, or immediately 
        thereafter, the disaster strike team shall make concurrent 
        recommendations to the Director, the President, the head of the 
        Domestic Crisis Monitoring Unit, and the Governors of the 
        affected States 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) 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.
    ``(b) Effect of Determination.--
            ``(1) Federal share.--Notwithstanding section 403(b), 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 in States 
        certified under section 201(f) shall be for the first 72 hours 
        following a Presidential declaration of catastrophic disaster 
        (and for up to an additional 96 hours, at the discretion of the 
        President) 100 percent. For States that have not been so 
        certified, the provisions of section 403(b), relating to 
        Federal share, shall be applicable.
            ``(2) Disaster response.--Upon the declaration of a 
        catastrophic disaster, the head of the Domestic Crisis 
        Monitoring Unit, in consultation with the leader of the 
        disaster strike team designated under section 322(a), 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 activities. Upon 
        the determination that ancillary resources are required, the 
        head of the Domestic Crisis Monitoring Unit shall ensure that 
        the necessary resources of Federal agencies are made available, 
        pursuant to this and other authorities.
            ``(3) Responsibility of the department of defense.--
                    ``(A) In general.--While all departments are 
                expected to participate in providing assistance, the 
                Department of Defense has certain unique capabilities 
                inherent to emergency response. Therefore, 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 promote recovery, to the 
                        limit of the Department's ability without 
                        jeopardizing national security.
                    ``(B) Reimbursement.--The Secretary of Defense 
                shall be reimbursed from the disaster relief fund for 
                the provision of disaster response services described 
                in subparagraph (A). Such reimbursement may be made 
                without prior approval of the Federal Emergency 
                Management Agency in any case in which such approval 
                would delay response.
                    ``(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 authorized by 
                the head of the Domestic Crisis Monitoring Unit, in 
                consultation with the Director and 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 
                individual disaster response services described in 
                subparagraph (A) shall not be necessary before 
                initiation of response.
            ``(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 applicable 
                period under paragraph (1).''.

SEC. 9. REORGANIZATION OF FEMA.

    (a) In General.--The Director shall restructure FEMA to implement 
an all hazards approach to disaster management that includes activities 
and measures designed or undertaken to--
            (1) minimize the effects of natural disasters, civil 
        disturbances, or attack-related emergencies and disasters;
            (2) respond to the immediate emergency conditions that are 
        created by disasters; and
            (3) 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.
    (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 positions of Regional Director of FEMA.
            (2) The position of General Counsel of FEMA.
            (3) The position of Senior Policy Advisor to the State and 
        Local Programs and Support Directorate.

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HR 2692 IH----2