[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4564 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4564

To make improvements in the administration of charitable donations made 
         in the aftermath of disasters, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2005

 Mr. Thompson of Mississippi introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
    addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To make improvements in the administration of charitable donations made 
         in the aftermath of 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.

    This Act may be cited as the ``Securing Useful and Responsive 
Giving in Emergencies (SURGE) Act''.

SEC. 2. ESTABLISHMENT OF FEMA DISASTER CHARITIES DATABASE.

    (a) Feasibility Report.--Not later than 120 days after the date of 
the enactment of this Act, the Director of the Federal Emergency 
Management Agency shall submit to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives a report on the feasibility of 
establishing a publicly accessible disaster charities database 
consistent with the description in subsection (b).
    (b) Description of Database.--The description of the disaster 
charities database referred to in subsection (a) is as follows:
            (1) The purpose of the database shall be to educate the 
        public about--
                    (A) the variety of existing nongovernmental, 
                private donor, private sector, and volunteer 
                organizations that provide relief services following 
                Incidents of National Significance, as defined in the 
                National Response Plan of the Department of Homeland 
                Security, and other disasters and emergencies; and
                    (B) the distinction between such organizations that 
                specialize in immediate relief and those that 
                specialize in longer-term community redevelopment 
                relief.
            (2) Information in the database shall be submitted on a 
        voluntary basis by organizations that are nonprofit 
        organizations under section 501(c) of the Internal Revenue Code 
        of 1986.
            (3) For each organization, the database shall contain the 
        name, address, and phone number of the organization and the 
        location of any area served by the organization.
            (4) Each organization shall be identified as either an 
        Immediate Relief organization or a Community Redevelopment 
        Relief organization under guidelines developed by the Director 
        of the Federal Emergency Management Agency.
            (5) The Director of the Federal Emergency Management Agency 
        shall verify the accuracy of all information contained in the 
        database.
    (c) Database Configuration.--The Director of the Federal Emergency 
Management Agency shall consider configuring the database so as to have 
the following attributes:
            (1) A portal through which all donors must first pass which 
        requires donors to select between Immediate Relief 
        organizations or Community Redevelopment Relief organizations, 
        and which includes a general explanation of the type of relief 
        the organizations under each category can be expected to 
        provide as well as an explanation of why each type of relief is 
        important.
            (2) The ability to scroll over each listed organization 
        within those categories so donors can read a specific 
        description of the types of relief that the listed organization 
        provides (something that is accessible before linking donors to 
        a particular organization's website).
            (3) A pop-up feature that so identifies an organization 
        that is both an Immediate Relief organization and a Community 
        Redevelopment Relief organization and advises a donor to 
        designate what type of relief the donor wants to provide to 
        such organization either by letter, email, note, or other 
        electronic communication to the organization (information that 
        is provided before providing the donor with access to the 
        website of the organization).
            (4) A mechanism by which the Director of the Federal 
        Emergency Management Agency can identify by zip code those 
        areas needing assistance in the immediate wake of an Incident 
        of National Significance or other disaster or emergency, which 
        lists the types of assistance needed and that automatically 
        links to a list of organizations included in the database that 
        are providing relief services in those affected zip codes.
            (5) A disaster charity database application form so that 
        interested organizations can apply for inclusion in the 
        database.
    (d) Database Establishment.--If the Director determines that the 
establishment of a publicly accessible disaster charities database 
consistent with the description in subsection (b) is feasible, then the 
Director shall establish such a database not later than 150 days after 
submitting the feasibility report described in subsection (a).
    (e) Definitions.--In this section:
            (1) The term ``Immediate Relief organization'' means an 
        organization that, as determined by the Director of the Federal 
        Emergency Management Agency, is involved with--
                    (A) the temporary post-disaster provision of 
                shelter, food, and health (including mental health) 
                services to address basic human needs;
                    (B) feeding emergency workers;
                    (C) handling inquiries from concerned family 
                members outside disaster areas;
                    (D) providing blood and blood products to disaster 
                victims; and
                    (E) helping those affected by disaster to access 
                other available resources in the immediate aftermath of 
                a disaster.
            (2) The term ``Community Redevelopment organization'' means 
        an organization that, as determined by the Director of the 
        Federal Emergency Management Agency, is involved with longer-
        term post-disaster projects, including housing and 
        infrastructure reconstruction and repair and economic 
        redevelopment in areas that have been designated as disaster 
        areas.

SEC. 3. IMMEDIATE RELIEF ESTIMATE.

    (a) Estimate Required.--Title V of the Homeland Security Act of 
2002 (6 U.S.C. 311 et seq.) is amended--
            (1) by redesignating the second section 510 as section 511; 
        and
            (2) by adding at the end the following new section:

``SEC. 512. INCIDENTS OF NATIONAL SIGNIFICANCE: IMMEDIATE RELIEF 
              ESTIMATE.

    ``(a) Estimates Required.--
            ``(1) Initial immediate relief estimate.--Not later than 7 
        days after the Secretary declares an event to be an Incident of 
        National Significance, as defined in the National Response Plan 
        of the Department, the Director of the Federal Emergency 
        Management Agency shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        an initial immediate relief estimate in accordance with this 
        section.
            ``(2) Interim immediate relief estimate.--Not later than 14 
        days after the Secretary declares an event to be an Incident of 
        National Significance, as defined in the National Response Plan 
        of the Department, the Director of the Federal Emergency 
        Management Agency shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        an interim immediate relief estimate in accordance with this 
        section.
            ``(3) Final immediate relief estimate.--Not later than 21 
        days after the Secretary declares an event to be an Incident of 
        National Significance, as defined in the National Response Plan 
        of the Department, the Director of the Federal Emergency 
        Management Agency shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        a final immediate relief estimate in accordance with this 
        section.
    ``(b) Disaster Impact Assessment.--Before submitting an immediate 
relief estimate required under subsection (a), the Director shall 
conduct an assessment to determine the extent and impact of the 
Incident of National Significance.
    ``(c) Immediate Relief Estimates.--The immediate relief estimates 
required under subsection (a) are estimates, which are based on the 
disaster impact assessment, of the amount of money needed for immediate 
relief for victims of the Incident of National Significance, and the 
amount toward that total that should reasonably be expected to be 
provided by private charities and nonprofit organizations (the non-
Government fund contribution estimate).
    ``(d) Charity Provision of Donation Totals.--The Director shall 
require that any nongovernmental, private donor, private sector, or 
volunteer organization shall, as a condition of being included as a 
listed charity in the FEMA Disaster Charities Database described in 
section 2 of the Securing Useful and Responsive Giving in Emergencies 
(SURGE) Act, if such a database is established, submit to the Director 
the dollar amount of the total amount of donations collected each day 
during the period beginning on the date on which the Director submits 
the initial immediate relief estimate under subsection (a) and ending 
on the date on which the Director announces that the final immediate 
relief estimate has been met under subsection (e).
    ``(e) Meeting of Non-Government Fund Contribution Estimate.--If the 
aggregate amount of all the dollar amounts submitted by private 
charities and nonprofit organizations under subsection (d) is equal to 
or exceeds the amount of the non-Government fund contribution estimate, 
the Director shall--
            ``(1) announce publicly that the non-Government fund 
        contribution estimate toward the final immediate relief 
        estimate has been met; and
            ``(2) encourage the American people to donate money to 
        charities or nonprofit organizations that focus on community 
        redevelopment relief.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the items 
relating to section 509 the following:

``Sec. 510. Procurement of security countermeasures for strategic 
                            national stockpile.
``Sec. 511. Urban and other high risk area communications capabilities.
``Sec. 512. Incidents of National Significance: immediate relief 
                            estimate.''.

SEC. 4. GAO REPORT ON THE USE BY THE AMERICAN NATIONAL RED CROSS AND 
              OTHER NONPROFIT ORGANIZATIONS OF PRIVATELY DONATED FUNDS 
              FOR RELIEF AFTER HURRICANE KATRINA AND HURRICANE RITA.

    (a) Report Required.--Not later than 270 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committees on Homeland Security and Government Reform of the House of 
Representatives and the Committee on Homeland Security and Government 
Affairs of the Senate a report on the use by hurricane-relief charities 
of non-Government funds donated for the designated purpose of relief 
for the victims of Hurricane Katrina and Hurricane Rita.
    (b) Contents of Report.--With respect to non-Government funds 
donated for the designated purpose of providing relief for victims of 
Hurricane Katrina or Hurricane Rita, the report required under 
subsection (a) shall contain the following:
            (1) the amount of money raised by hurricane-relief 
        charities for the purpose of providing assistance to people 
        adversely affected by Hurricane Katrina or Hurricane Rita;
            (2) a description of the specific purposes for which 
        hurricane-relief charities used such money;
            (3) a description of the responsibilities of 
        nongovernmental, private donor, private sector, and volunteer 
        organizations, including the American National Red Cross, under 
        the National Response Plan;
            (4) an evaluation of how well charities met such 
        responsibilities with respect to relief and recovery efforts 
        after Hurricane Katrina and Hurricane Rita;
            (5) a description of the way hurricane-relief charities 
        coordinated relief efforts after Hurricane Katrina and 
        Hurricane Rita;
            (6) a description of the manner in which individuals 
        adversely affected by Hurricane Katrina or Hurricane Rita 
        accessed services and supplies provided by hurricane-relief 
        charities;
            (7) a description of any problems encountered by such 
        individuals when accessing such services and supplies;
            (8) a description of any precautions or procedures 
        undertaken by hurricane-relief charities to ensure reasonable 
        protections against fraud and abuse;
            (9) a description of any lessons learned about charity 
        participation in disaster relief; and
            (10) any recommendations for improvement of such 
        participation or the oversight of such participation.
    (c) Hurricane-Relief Charity.--In this section, the term 
``hurricane-relief charity'' means--
            (1) the American National Red Cross; or
            (2) any other private organization organized as a nonprofit 
        under section 501(c) of the Internal Revenue Code of 1986 that, 
        after August 28, 2005, solicited donations from private persons 
        for the purpose of providing relief for victims of Hurricane 
        Katrina or Hurricane Rita.

SEC. 5. DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL 
              ASSESSMENT OF DEPARTMENT OF HOMELAND SECURITY PARTNERSHIP 
              WITH THE AMERICAN NATIONAL RED CROSS.

    (a) Assessment.--
            (1) Assessment required.--The Inspector General of the 
        Department of Homeland Security shall assess the performance of 
        the American National Red Cross after Hurricane Katrina and 
        Hurricane Rita with respect to the responsibilities of the Red 
        Cross pursuant to Emergency Support Function 6 of the National 
        Response Plan under section 502(6) of the Homeland Security Act 
        of 2002 (6 U.S.C. 312(6)).
            (2) Performance standards.--In carrying out the assessment 
        required under paragraph (1), the Inspector General shall 
        develop and implement performance standards for assessing the 
        performance of nongovernmental organizations pursuant to 
        Emergency Support Function 6.
    (b) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Inspector General of the Department of 
Homeland Security shall submit to Congress a report on the designation 
of the American National Red Cross as the only nongovernmental 
organization with primary agency responsibility under Emergency Support 
Function number 6 of the National Response Plan under section 502(6) of 
the Homeland Security Act of 2002 (6 U.S.C. 312(6)).
    (c) Contents of Report.--The report required under subsection (a) 
shall include the following:
            (1) The criteria and factors used in designating the 
        American National Red Cross as the only nongovernmental 
        organization with primary agency responsibility under Emergency 
        Support Function number 6 of the National Response Plan.
            (2) Any other nongovernmental organization that might be 
        appropriate for such responsibility, as determined by the 
        Inspector General.
            (3) An analysis of any benefit likely to be incurred if 
        such responsibility were divided between the American National 
        Red Cross and other nongovernmental organizations that serve 
        specific regions, especially with respect to the effective and 
        rapid delivery of mass care resources after an Incident of 
        National Significance, disaster, or emergency.
            (4) A description of the performance standards developed 
        pursuant to subsection (a)(2).
            (5) The results of the performance assessment of the 
        American National Red Cross conducted pursuant to subsection 
        (a).

SEC. 6. ESTABLISHMENT OF DISASTER CALL CENTER NETWORK.

    (a) Establishment.--Title V of the Homeland Security Act of 2002, 
as amended by section 3, is further amended by adding at the end the 
following new section:

``SEC. 513. DISASTER CALL CENTER NETWORK.

    ``(a) Establishment.--The Secretary shall establish a disaster call 
center network to facilitate responses to Incidents of National 
Significance, disasters, and emergencies, as designated by the 
Secretary.
    ``(b) Activation.--The network established under subsection (a) 
shall be capable of being activated within 24 hours of an Incident of 
National Significance, disaster, or emergency in any State.
    ``(c) Functions.--The functions of the disaster call center 
established under subsection (a) are as follows:
            ``(1) To receive information from victims and to quickly 
        forward that information to the Director of the Federal 
        Emergency Management Agency.
            ``(2) To collect and manage such information about each 
        individual who calls the call center as may be required to 
        provide relief aid to the individual.
            ``(3) To manage information so as to be able to quickly 
        determine whether an individual has previously requested relief 
        aid and to provide the individual with information about the 
        status of the requested relief aid.
            ``(4) To collect and process information provided by an 
        individual that might affect the amount of aid to which that 
        individual is entitled.
            ``(5) To collect and maintain information in such a manner 
        that is consistent with Federal laws governing the protection 
        of privacy.
            ``(6) To provide assistance in English or Spanish, as 
        appropriate.
    ``(d) Use of Scripts.--The Director of the Federal Emergency 
Management Agency shall develop a standardized script to be used by 
individuals answering calls at the call center established under 
subsection (a) to provide and process information. The Director shall 
periodically evaluate such script using the following performance 
metrics:
            ``(1) Soft skill monitoring.
            ``(2) Accuracy of information provided.
            ``(3) Accuracy of information captured.
            ``(4) Customer satisfaction.
            ``(5) Average speed of answer.
            ``(6) Abandoned calls.''.
    (b) Report.--Not later than 180 after the date of the enactment of 
this Act, the Secretary of Homeland Security shall submit to the 
Committees on Homeland Security and Government Reform of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the status of the disaster call 
center network under section 513 of the Homeland Security Act of 2002, 
as added by subsection (a).
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002, as amended by section 3(b), is 
further amended by adding after the item relating to section 512 the 
following:

``Sec. 513. Disaster call center network.''.

SEC. 7. AMENDMENTS TO FEDERAL CHARTER OF AMERICAN NATIONAL RED CROSS.

    (a) Audit.--Section 300110 of title 36, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``As soon as practicable'' and 
                inserting ``(1) As soon as practicable'';
                    (B) by striking ``July 1'' and inserting ``October 
                1'';
                    (C) by striking ``June 30'' and inserting 
                ``September 30''; and
                    (D) by adding at the end the following new 
                paragraph:
    ``(2) The report submitted under paragraph (1) shall include the 
following information:
            ``(A) The amount of money raised in response to American 
        National Red Cross calls for donations following each disaster, 
        including the amount of money specifically designated by donors 
        for each disaster, as indicated by donors on emails, letters, 
        notes, indicators on checks or money orders, or other 
        communications sent to the American National Red Cross.
            ``(B) The amount of money actually spent by the American 
        National Red Cross in response to each disaster.
            ``(C) How such amount was actually spent in response to 
        each disaster.
            ``(D) A precise description of any amount raised in 
        response to a disaster that was not actually spent on relief 
        efforts for that disaster.
            ``(E) A narrative explanation corresponding with each of 
        subparagraphs (A) through (D).
            ``(F) A narrative explanation of what happened to any 
        amount of money raised in response to a disaster that was not 
        actually spent on relief efforts for that disaster, including 
        whether such amount was deposited into a general fund designed 
        for future disasters or for some other use.''; and
            (2) in subsection (b)--
                    (A) by striking ``audit the report'' and inserting 
                ``conduct a yearly peformance-based audit of the 
                American National Red Cross, including an audit of the 
                report,'';
                    (B) by striking ``the audited report'' and 
                inserting ``the audit''; and
                    (C) by striking ``Congress'' and inserting ``the 
                Committees on Homeland Security and Government Reform 
                of the House of Representatives and the Committee on 
                Homeland Security and Government Affairs of the 
                Senate''.
    (b) Purposes.--Section 300102 of title 36, United States Code, is 
amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking ``, and to apply that 
        system'' and all that follows and inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(4) to apply that system in mitigating the suffering 
        caused by a hurricane, tornado, storm, flood, high water, wind-
        driven water, tidal wave, earthquake, drought, blizzard, 
        pestilence, famine, fire, explosion, volcanic eruption, 
        building collapse, transportation accident, or other disaster 
        that causes human suffering or creates human needs that those 
        affected by disasters cannot alleviate without assistance;
            ``(5) to apply that system in coordination with any relief 
        efforts undertaken by any other agency, group, or organization 
        before the arrival of American National Red Cross relief 
        workers in a disaster area;
            ``(6) to coordinate the services of other voluntary 
        agencies or groups before, during, or after a disaster upon the 
        request of the Federal Emergency Management Agency (FEMA) or a 
        FEMA-appointed Federal Coordinating Officer with the consent of 
        such agencies or groups; and
            ``(7) to devise and carry out measures for preventing 
        disasters.''.
    (c) Diversity Requirement.--
            (1) Requirement.--Chapter 3001 of title 36, United States 
        Code, is amended by inserting after section 300105 the 
        following new section:
``Sec. 300105A. Diversity requirement
    ``(a) Staff Diversity.--The corporation shall foster a high-
performing and diverse--
            ``(1) management staff; and
            ``(2) paid and volunteer staff that effectively delivers 
        the corporation's products and services to an increasingly 
        diverse American public.
    ``(b) Equal Opportunity.--The corporation shall strive to be an 
equal opportunity provider that embraces and values the richness of 
diversity and reflects the communities that it serves in governance, at 
all decision-making levels, and in its volunteer and paid work force.
    ``(c) Diversity Commitment Benchmarks.--The corporation accordingly 
will meet the following diversity commitment benchmarks nationwide by 
2008:
            ``(1) the ethnic and cultural mix of the corporation's 
        management, boards, chapters, staff, and volunteers shall 
        reflect the demographics of the communities they serve;
            ``(2) programs and activities of the corporation's chapters 
        throughout the country shall be appropriate and culturally 
        sensitive to diverse audiences;
            ``(3) the corporation shall substantially increase its 
        partnerships at the local level with minority associations, 
        civic groups, foundations, grass roots organizations, religious 
        institutions and other entities for the purpose of establishing 
        relief networks that aid all disaster victims within affected 
        communities; and
            ``(4) the corporation's Diverse Business Enterprises 
        initiative shall be expanded to ensure that no less than 23 
        percent of the corporation's service and supply needs are 
        provided by businesses owned by minorities, woman, persons with 
        disabilities, and socially and economically disadvantaged 
        individuals.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 300105 the following new item:

``300105A. Diversity Requirement.''.

SEC. 8. DIVERSITY AMENDMENT TO NATIONAL RESPONSE PLAN.

    (a) Diversity Amendment.--The Secretary of Homeland Security shall 
amend the National Response Plan developed pursuant to section 502(6) 
of the Homeland Security Act of 2002 (6 U.S.C. 312(6)) so as to include 
the following obligation: ``Providing resources and support to all 
victims of domestic incidents regardless of the victim's race, color, 
religion, sex, age, marital status, sexual orientation, national 
origin, disability, or veteran's status.''.
    (b) Resubmission of Letter of Agreement.--The Director of the 
Federal Emergency Management Agency shall resubmit the Letter of 
Agreement contained in the preface of the National Response Plan to 
each signatory of the National Response Plan so each such signatory may 
agree to the obligation added pursuant to subsection (a).
                                 <all>