[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1697 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1697

  To improve the ability of the Federal Government to prepare for and 
          respond to major disasters, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 19 (legislative day, November 2), 1993

 Ms. Mikulski introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To improve the ability of the Federal Government to prepare for and 
          respond to major disasters, and for other purposes.

    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 purposes.
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 of Fire and Emergency Preparedness.
Sec. 13. Research center.
Sec. 14. Repeal of Civil Defense Act.

SEC. 2. DECLARATION OF PURPOSES.

    The purposes of this Act are--
            (1) to improve Government preparedness for and response to 
        catastrophic disasters;
            (2) to shift the emphasis of the Federal Emergency 
        Management Agency (referred to in this Act as ``FEMA'') from 
        nuclear attack-related activities to a risk-based strategy to 
        improve preparedness for all hazards; and
            (3) to redirect the mission of FEMA to mitigation, 
        preparedness, response, and recovery 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.--The term `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 natural 
        or man-caused events, including, without limitation, civil 
        disturbances, that may result in major disasters or 
        emergencies.
            ``(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 for and response to major disasters;
            (2) the all hazards approach is the best way to prepare the 
        United States for all disasters or emergencies;
            (3) all reasonable actions should be taken to mitigate the 
        effects of disasters;
            (4) initial response to emergencies and disasters is made 
        by State and local fire and emergency service agencies, whose 
        capabilities must therefore be strengthened and maintained;
            (5) the fire service performs a critical function of first 
        response to fire and other hazards, and should be recognized 
        for performing this function;
            (6) 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;
            (7) private nonprofit organizations play an important role 
        in disaster relief operations, and are an essential element of 
        disaster preparedness, response, and recovery efforts; and
            (8) training and hazard mitigation are important preventive 
        measures and are vital elements 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 to read as follows:

``SEC. 201. FEDERAL AND STATE DISASTER PREPAREDNESS PROGRAMS.

    ``(a) Establishment.--The President is authorized to establish a 
program of disaster preparedness that utilizes services of all 
appropriate agencies, and includes--
            ``(1) preparation of disaster preparedness plans for 
        mitigation, warning, emergency operations, rehabilitation, and 
        recovery;
            ``(2) training and exercises;
            ``(3) postdisaster critiques and evaluations;
            ``(4) annual review of programs;
            ``(5) coordination of Federal, State, and local 
        preparedness programs;
            ``(6) application of science and technology; and
            ``(7) research.
    ``(b) Technical Assistance.--The President shall provide technical 
assistance to the States in developing comprehensive plans and 
practicable programs for--
            ``(1) preparation against disasters, including hazard 
        reduction, avoidance, and mitigation;
            ``(2) assistance to individuals, businesses, and State and 
        local governments following such disasters; and
            ``(3) recovery of damaged or destroyed public and private 
        facilities.
    ``(c) 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) Distribution.--The Director shall ensure that copies 
        of the plan are widely distributed and publicly available.
            ``(3) Training exercises.--The plan shall include 
        provisions for annual training exercises to be performed by 
        designated participants in the plan, State and local entities, 
        and private relief agencies to test their disaster preparedness 
        capability.
            ``(4) 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 chain of command;
                    ``(B) describe the specific duties of all Federal 
                agencies involved;
                    ``(C) describe the relationship between, and the 
                respective duties of, Federal, State, and local 
                governments, and private relief agencies;
                    ``(D) be prepared for specific geographic regions 
                designated by the Director;
                    ``(E) be based on a comprehensive risk assessment 
                of the United States, undertaken by the Director, that 
                assesses the probability and severity of natural or 
                man-made disasters occurring and having a severe impact 
                on public health, safety, and property within various 
                regions;
                    ``(F) ensure consistency with the emergency 
                operations plans of the State and local governments in 
                the region;
                    ``(G) support the development of mutual aid 
                agreements between and among the States and local 
                governments;
                    ``(H) include specific systems and standardized 
                plans for mutual aid, incident management, and 
                emergency communications between State, regional, and 
                local entities for the purpose of coordinating and 
                integrating all emergency management activities; and
                    ``(I) specify the participation of representatives 
                from civilian disaster management and local fire and 
                emergency service response communities.
    ``(d) 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, to be established within FEMA not later than 
        60 days after the date of enactment of the Federal Disaster 
        Preparedness and Response Act of 1993.
            ``(2) Purpose of system.--It shall be the purpose 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 the Federal Disaster Preparedness and Response 
        Act of 1993, 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--
                            ``(i) take steps necessary to ensure that 
                        not fewer than 20 disaster medical assistance 
                        teams are established and are made operational; 
                        and
                            ``(ii) develop standards and guidelines for 
                        equipment, staffing, operations, and regular 
                        training of the disaster medical assistance 
                        teams.
                    ``(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, of which $5,000,000 shall be available for the 
        Disaster Medical Assistance Teams.
    ``(e) 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; and
                    ``(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.
            ``(2) Study.--Not later than 30 days after the date of 
        enactment of the Federal Disaster Preparedness and Response Act 
        of 1993, the Director shall contract with the National Academy 
        of Public Administration for a study to determine the proper 
        roles of the Adjutant Generals of the States and the National 
        Guard in preparing for and responding to natural disasters and 
        domestic emergencies.
            ``(3) Report.--Not later than 1 year after the date of 
        enactment of the Federal Disaster Preparedness and Response Act 
        of 1993, the Secretary of Defense shall report to the President 
        and Congress on the results of the review conducted pursuant to 
        paragraph (1) and the study conducted pursuant to paragraph 
        (2).
            ``(4) 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.
            ``(5) 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.
            ``(6) Response to disasters and reimbursement for 
        authorized activities.--To ensure 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.
            ``(7) 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 State and local governments 
                        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.
    ``(f) 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.
    ``(g) 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.
    ``(h) 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.

    (a) In General.--Title III of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is 
amended--
            (1) by redesignating sections 304 through 321 as sections 
        305 through 322, respectively; and
            (2) by inserting immediately after section 303, the 
        following new section:

``SEC. 304. DISASTER ASSESSMENT TEAMS.

    ``(a) In General.--Not later than 6 months after the date of 
enactment of this section, the Director shall establish disaster 
assessment teams to be deployed at the discretion of the Director to a 
staging area near the impact area at the request of a governor of an 
affected State, or 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 
assessment 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 
assessment teams.
    ``(c) Detail of Government Employees.--Upon the request of the 
Director, the head of any Federal agency shall detail to temporary duty 
with an assessment 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 assessment team. Each such detail shall be 
without loss of seniority, pay, or other employee status.
    ``(d) Exercises.--The assessment 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 an assessment 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, the assessment 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 assessment team shall 
        recommend whether the disaster should be classified as a 
        catastrophic disaster or a major disaster.
            ``(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.''.
    (b) Conforming Amendment.--Section 408(d)(2) of such Act (42 U.S.C. 
5176(d)(2)) is amended by striking ``308'' and inserting ``309''.

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. 426. CATASTROPHIC DISASTERS.

    ``(a) Declaration.--
            ``(1) Recommendation by disaster assessment teams.--At the 
        onset of a disaster in which the disaster assessment teams 
        established under section 304(a) have been deployed, or 
        immediately thereafter, the disaster assessment 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.--A request for a declaration 
        by the President that a catastrophic disaster exists shall be 
        made by the Governor of each affected State seeking such 
        declaration. 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 subsections (b) and 
        (c)(4) of section 403, 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.--The assistance provided in 
        this subsection shall supplement and not supplant the major 
        disaster assistance programs provided in titles IV and V.''.

SEC. 10. TARGETED EMERGENCY GRANTS.

    (a) In General.--Title II of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is further 
amended by adding at the end the following new section:

``SEC. 204. TARGETED EMERGENCY GRANTS.

    ``(a) In General.--
            ``(1) Establishment.--The Director shall establish a grant 
        program for the purposes of enabling State and local 
        governments--
                    ``(A) to mitigate, prepare for, and respond to 
                major disasters or emergencies;
                    ``(B) to construct and maintain State and local 
                emergency operating centers;
                    ``(C) to develop, install, and maintain emergency 
                communications systems; and
                    ``(D) to evaluate potential hazards in the State.
            ``(2) Application.--Application for a grant shall be made 
        by the Governor of an affected State, and shall be reviewed by 
        the Director.
            ``(3) Basis for Awards.--The Director shall determine 
        eligibility for grant awards under this section based on 
        compliance with the performance standards described in 
        subsection (b), and on equal consideration of--
                    ``(A) the risk of occurrence of major disasters or 
                emergencies; and
                    ``(B) the population of each State applying for a 
                grant.
            ``(4) Distribution to local jurisdictions.--Each recipient 
        State shall allocate a portion of the grant award, in an amount 
        to be determined by the Director, to local participating 
        jurisdictions.
    ``(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 75 percent of the cost of the emergency 
preparedness activities of the 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 IV of such Act (42 U.S.C. 
5170 et seq.) is amended--
            (1) by redesignating sections 406 through 424 as sections 
        407 through 425, respectively; and
            (2) by inserting immediately after section 405, the 
        following new section:

``SEC. 406. 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 following a disaster or emergency for a State that is not in 
compliance with the performance standards established under section 
204(b).
    ``(b) 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 106(c) of the Housing and Community Development 
        Act of 1974 (42 U.S.C. 5306(c)) is amended by striking 
        paragraph (4).
            (2) 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.
            (3) The Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act is amended--
                    (A) in section 312 (as so redesignated in section 
                8(a)(1) of this Act)--
                            (i) by striking ``406'' each place it 
                        appears, and inserting ``407''; and
                            (ii) by striking ``422'' each place it 
                        appears, and inserting ``423'';
                    (B) in section 317 (as so redesignated in section 
                8(a)(1) of this Act)--
                            (i) by striking ``407'' and inserting 
                        ``408''; and
                            (ii) by striking ``422'' and inserting 
                        ``423'';
                    (C) in section 403(c)(2), by striking ``407(b)'' 
                and inserting ``408(b)'';
                    (D) in section 405 (as so redesignated)--
                            (i) by striking ``409'' and inserting 
                        ``410''; and
                            (ii) by striking ``406'' and inserting 
                        ``407'';
                    (E) in section 407(f)(2) (as so redesignated in 
                paragraph (1) of this subsection), by striking ``406, 
                407'' and inserting ``407, 408'';
                    (F) in section 423 (as so redesignated)--
                            (i) by striking ``407'' each place it 
                        appears and inserting ``408''; and
                            (ii) by striking ``406'' each place it 
                        appears, and inserting ``407''; and
                    (G) in section 502(a)--
                            (i) in paragraph (5), by striking ``407'' 
                        and inserting ``408''; and
                            (ii) in paragraph (6), by striking ``408'' 
                        and inserting ``409''.

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 positions of Regional Director of FEMA, which shall 
        be reduced in number.
            (4) The position of General Counsel of FEMA.
            (5) The position of Senior Advisor to the State and Local 
        Programs and Support Directorate.
            (6) 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.

SEC. 12. NATIONAL ACADEMY OF FIRE AND EMERGENCY PREPAREDNESS.

    (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 of Fire and Emergency 
Preparedness. The National Academy of Fire and Emergency Preparedness 
shall provide appropriate education for fire prevention and control of 
all hazards emergency management.
    (b) Purpose.--The primary purpose of the Academy shall be first-
response training for all hazards. Not less than 50 percent of the 
resources of the Academy shall be spent on training fire and emergency 
services professionals.
    (c) 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 
        of Fire and Emergency Preparedness''; 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.''.
    (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 of Fire and Emergency Preparedness.
    (e) Authorization of Appropriations.--Section 17 of the Federal 
Fire Prevention and Control Act of 1974 (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 of Fire and Emergency Preparedness $80,000,000 for each of 
fiscal years 1994 through 1998.''.
    (f) 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 of Fire and Emergency 
Preparedness''.

SEC. 13. RESEARCH CENTER.

    Title VI of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5101 et seq.) is amended by adding at the end 
the following new section:

``SEC. 605. 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>

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