[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2133 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2133

     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act to include foreseeable catastrophic events as major 
disasters, to permit States affected by an event occurring elsewhere to 
              receive assistance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2005

Mr. Rockefeller introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act to include foreseeable catastrophic events as major 
disasters, to permit States affected by an event occurring elsewhere to 
              receive assistance, 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 ``Disaster Relief Act of 2005''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the current definition of a major disaster in section 
        102 of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5122) is insufficient to enable the 
        President to respond quickly and efficiently to foreseeable 
        catastrophic events, including many types of potential 
        terrorists attacks, accidents, and health emergencies;
            (2) more than \1/2\ of the disaster planning scenarios used 
        by the Department of Homeland Security to evaluate preparedness 
        would not be covered by that present definition;
            (3) States affected by a event occurring elsewhere, such as 
        through mass evacuations, the propagation of radioactive or 
        toxic substances, or the transmission of infectious agents, may 
        not be eligible for the declaration of a major disaster or for 
        certain types of assistance;
            (4) emergency declarations, widely used to provide 
        assistance to evacuees following Hurricane Katrina, may not 
        adequate;
            (5) some types of assistance found to be necessary 
        following the evacuations associated with Hurricane Katrina, 
        notably assistance for providing public services such as 
        education, healthcare, long-term housing, and resettlement, are 
        not authorized to be provided under the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
        seq.);
            (6) the process for appropriating funds for disaster 
        assistance is inefficient and often requires supplemental 
        appropriations and certain assistance programs have been 
        delayed by insufficient funds;
            (7) authorization for the Predisaster Hazard Mitigation 
        program, under title II of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) 
        will expire on December 31, 2005;
            (8) while the Federal Government is authorized to recover 
        the cost of providing assistance in the event of major 
        disasters or emergencies caused by deliberate actions, costs 
        resulting from negligent actions cannot be recovered;
            (9) limits on assistance provided to individuals for repair 
        or replacement of housing and total assistance, though indexed 
        for inflation, do not adequately reflect increases in the costs 
        of housing that have occurred in recent years; and
            (10) the duration of assistance by the Department of 
        Defense authorized under section 403(c) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170b(c)) for activities ``essential for the 
        preservation of life and property'' may be insufficient to meet 
        needs following major disasters that are particularly severe or 
        for which the period of recovery is lengthy.
    (b) Purposes.--
            (1) In general.--The purpose of this Act is to expand and 
        enhance the authority and capacity of the President of the 
        United States to alleviate suffering and loss resulting from 
        large catastrophic events by appropriately amending the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.).
            (2) Major disasters.--In amending the definition of the 
        term major disaster in section 102(2) of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5122(2)), Congress intends to expand the types of events that 
        constitute a major disaster and does not intend to exclude any 
        type of event that would have constituted a major disaster 
        prior to the date of the enactment of this Act.

SEC. 3. DEFINITIONS.

    (a) Major Disaster.--Section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by 
striking paragraph (2) and inserting the following:
            ``(2) Major disaster.--The term `major disaster' means a 
        catastrophic event that--
                    ``(A) involves or results in--
                            ``(i) a large number of human deaths, 
                        injuries, or illnesses;
                            ``(ii) substantial property damage or loss; 
                        or
                            ``(iii) extensive disruption of public 
                        services; and
                    ``(B) in the determination of the President, is of 
                such severity and magnitude that effective response is 
                beyond the capabilities of the affected State or local 
                government.''.
    (b) United States.--Section 102(3) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(3)) is 
amended--
            (1) by striking ```United States''' and inserting the 
        following:
            ``(3) United states.--The term `United States''';
            (2) by striking ``and'' after ``Samoa,''; and
            (3) by striking the period at the end and inserting the 
        following: ``, and the exclusive economic zone and continental 
        shelf (as those terms are defined in the United Nations 
        Convention on the Law of the Sea, done at Montego Bay December 
        10, 1982) surrounding those areas.''.
    (c) Affected State.--Section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by 
adding at the end the following:
            ``(10) Affected state.--The term `affected State' means any 
        State--
                    ``(A) that suffers damage, loss, or hardship as a 
                result of an occasion or instance satisfying the 
                criteria of paragraph (1) or a catastrophic event 
                satisfying the criteria of paragraph (2);
                    ``(B) regardless of location, that suffers indirect 
                consequences due to an emergency or major disaster 
                declared in another part of the United States, to the 
                extent that, in the determination of the President, 
                assistance provided for under this Act is required; or
                    ``(C) that is included in a Presidential 
                declaration of an Incident of National Significance 
                under the National Response Plan (developed under 
                Homeland Security Presidential Directive 5).''.

SEC. 4. EXTENSION OF PREDISASTER HAZARD MITIGATION PROGRAM.

    Section 203(m) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking 
``December 31, 2005'' and inserting ``December 31, 2010''.

SEC. 5. COORDINATING OFFICERS.

    Section 302(a) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5143(a)) is amended--
            (1) by inserting ``(1)'' before ``Immediately''; and
            (2) by adding at the end the following:
    ``(2) In the event the President declares an emergency or major 
disaster in more than 1 State as a result of an occasion, instance, or 
catastrophic event, the President may, as appropriate and efficient, 
appoint 1 or more regional coordinating officers, without regard to 
State borders. A regional coordinating officer shall report to the 
Federal coordinating officer appointed under paragraph (1) and the 
Principal Federal Official for the emergency or major disaster 
designated under the National Response Plan (developed under Homeland 
Security Presidential Directive 5).''.

SEC. 6. RECOVERY OF ASSISTANCE.

    Section 317 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5160) is amended by inserting ``, or through 
gross negligence,'' after ``Any person who intentionally''.

SEC. 7. UTILIZATION OF DOD RESOURCES.

    Section 403(c)(1) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170b(c)(1)) is amended--
            (1) in the first sentence--
                    (A) by striking ``an incident which may ultimately 
                qualify for assistance under this title or title V of 
                this Act'' and inserting the following: ``a 
                catastrophic event that the President has declared a 
                major disaster''; and
                    (B) by striking ``the State in which such incident 
                occurred'' and inserting the following: ``any State in 
                the area for which the President has declared a major 
                disaster''; and
            (2) in the third sentence, by striking ``10 days'' and 
        inserting ``30 days''.

SEC. 8. HAZARD MITIGATION.

    Section 404(a) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended in the first 
sentence, by striking ``any area affected by a major disaster'' and 
inserting ``any area in which the President has declared a major 
disaster''.

SEC. 9. CONGRESSIONAL NOTIFICATION.

    Section 406(a)(4) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(a)(4) is amended--
            (1) in subparagraph (A), by striking ``Committee on 
        Environment and Public Works'' and inserting ``Committee on 
        Homeland Security and Governmental Affairs''; and
            (2) in subparagraph (B), by inserting ``and the Committee 
        on Homeland Security'' after ``Infrastructure''.

SEC. 10. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

    Section 408 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5173) is amended--
            (1) in subsection (a)(1), by striking ``in the State who, 
        as a direct result of a major disaster,'' and inserting the 
        following: ``in an area in which the President has declared a 
        major disaster who'';
            (2) in subsection (c)--
                    (A) in paragraph (2)(C), by striking ``$5,000'' and 
                inserting ``$10,000''; and
                    (B) in paragraph (3)(B), by striking ``$10,000'' 
                and inserting ``$20,000''; and
            (3) in subsection (h)(1), by striking ``$25,000'' and 
        inserting ``$50,000''.

SEC. 11. EMERGENCY PUBLIC TRANSPORTATION.

    Section 419 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5186) is amended by striking ``an area 
affected by a major disaster to meet emergency needs'' and inserting 
the following: ``an area in which the President has declared a major 
disaster to meet emergency needs, including evacuation,''.

SEC. 12. EVACUEES.

    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:

``SEC. 425. ASSISTANCE IN AREAS RECEIVING EVACUEES.

    ``If the President determines that other statutory authorities are 
insufficient, the President may award grants or other assistance to an 
affected State or local government to be used to meet the temporary 
health, education, food, and housing needs of evacuees.''.

SEC. 13. DISASTER RELIEF FUND.

    (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 
by adding at the end the following:

``SEC. 326. DISASTER RELIEF FUND.

    ``(a) Establishment.--There is established in the Treasury of the 
United States, under the Office of the Secretary of the Treasury, a 
Disaster Relief Fund (referred to in this section as the `Fund'). The 
Fund shall be available to provide financial resources to respond to 
domestic disasters and emergencies described in subsection (c).
    ``(b) Appropriations.--
            ``(1) In general.--The Fund shall consist of such sums as 
        are appropriated in accordance with this subsection and such 
        sums as are transferred from the Department of Homeland 
        Security Disaster Relief Fund.
            ``(2) Definition.--For purposes of this subsection, the 
        term `operating expenditures' means an amount equal to the 
        average amount expended from the Fund, or any predecessor of 
        the Fund, for the preceding 5 years, excluding the years during 
        that 5-year period in which the greatest amount and least 
        amount were expended from the Fund.
            ``(3) Deposits into fund.--On October 1 of each fiscal 
        year, the Secretary of the Treasury shall make a cash deposit 
        into the Fund of an amount sufficient to bring the Fund balance 
        up the amount of operating expenditures as of that date.
            ``(4) Replenishment.--There shall be appropriated, for each 
        fiscal year, sufficient amounts to restore the Fund to balance 
        required under paragraph (3).
    ``(c) Use of Funds.--Amounts in the Fund shall only be available to 
meet the emergency funding requirements for--
            ``(1) particular domestic disasters and security 
        emergencies designated by a Joint Resolution of Congress; or
            ``(2) an emergency or major disaster declared by the 
        President under this Act.
    ``(d) Reporting.--Not later than November 30, 2006, and annually 
thereafter, the Director of the Office of Management and Budget shall 
submit to Congress a report that lists the amounts expended from the 
Fund for the prior fiscal year for each disaster or emergency under 
subsection (c).''.
    (b) Abolition of Existing Fund.--
            (1) Transfer of funds.--The Secretary of Homeland Security 
        shall transfer any funds in Department of Homeland Security 
        Disaster Relief Fund to the Disaster Relief Fund established in 
        the Treasury of the United States by section 326 of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (as 
        added by this Act).
            (2) Abolition.--After all funds are transferred to the 
        Disaster Relief Fund in the Treasury of the United States under 
        paragraph (1), the Department of Homeland Security Disaster 
        Relief Fund is abolished.
    (c) Conforming Amendments.--
            (1) Permanent appropriation.--Section 1305 of title 31, 
        United States Code, is amended by adding at the end the 
        following:
            ``(11) Emergency reserve fund.--To make payments into the 
        Disaster Relief Fund established by section 326 of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act.''.
    (d) Congressional Budget Process.--Section 301(a) of the 
Congressional Budget Act of 1974 (2 U.S.C. 632(a)) is amended--
            (1) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8) respectively; and
            (2) by inserting after paragraph (5) the following:
            ``(6) total new budget authority and total budget outlays 
        for emergency funding requirements for domestic disasters and 
        emergencies, which shall be transferred to the Disaster Relief 
        Fund established by section 326 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act.''.
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