[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6852 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6852

     To amend the Robert T. Stafford Disaster Relief and Emergency 
 Assistance Act to improve Federal response efforts after a terrorist 
  strike or other major disaster affecting homeland security, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2008

 Mrs. Maloney of New York (for herself and Mr. Serrano) introduced the 
 following bill; which was referred to the Committee on Transportation 
  and Infrastructure, and in addition to the Committees on Energy and 
   Commerce and Education and Labor, 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 amend the Robert T. Stafford Disaster Relief and Emergency 
 Assistance Act to improve Federal response efforts after a terrorist 
  strike or other major disaster affecting homeland security, 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 ``Community Protection and Response 
Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Robert T. Stafford Relief and Emergency Assistance 
        Act (42 U.S.C. 5170 et seq.) was established to provide aid and 
        coordinate Federal disaster relief in response to a major 
        disaster.
            (2) The effect of the terrorist attack on September 11, 
        2001, on New York City, New York, was declared a major disaster 
        as defined by the Act.
            (3) The terrorist attacks on September 11, 2001, brought 
        forth new challenges never dealt with before in a major 
        disaster.
            (4) These new challenges and lack of comprehensive 
        authority to deal with them, as defined by current law, slowed 
        down and complicated Federal disaster relief for the New York 
        and Washington Metropolitan Areas, and exposed weaknesses in 
        the authorities Federal agencies have to respond to a homeland 
        security event.
            (5) Officials throughout the Administration and 
        intelligence community assert that another attack is inevitable 
        so it is imperative to establish new authority to address the 
        inadequacies in the existing system of response.

SEC. 3. DEFINITION OF MAJOR DISASTER.

    Section 102(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122(2)) is amended by striking 
``or explosion'' and inserting ``explosion, terrorist attack (including 
a biological, nuclear, chemical, or small arms attack and a cyber-
attack on computer systems), dispersion of radioactive or other 
contaminants, dispersion of hazardous substances, or other catastrophic 
event,''.

SEC. 4. CERTAIN DEFINITIONS OF PUBLIC FACILITY.

    Section 102(9) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122(9)) is amended to read as 
follows:
            ``(9) Public facility.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `public facility' means the 
                following facilities owned by a State or local 
                government:
                            ``(i) Any flood control, navigation, 
                        irrigation, reclamation, public power, sewage 
                        treatment and collection, water supply and 
                        distribution, watershed development, or airport 
                        facility.
                            ``(ii) Any non-Federal-aid street, road, or 
                        highway.
                            ``(iii) Any other public building, 
                        structure, or system, including those used for 
                        educational, recreational, or cultural 
                        purposes.
                            ``(iv) Any park.
                    ``(B) Homeland security event.--In the case of a 
                homeland security event as described in section 425, 
                the term `public facility' also includes private for-
                profit telecommunications and phone services and 
                private for-profit utilities (including power, water 
                (including water provided by an irrigation organization 
                or facility), sewer, and wastewater treatment) except 
                that for-profit utilities shall be covered only for 
                structures and property losses that occur during a 
                homeland security event if such losses are not covered 
                by such utility's insurance policies.''.

SEC. 5. HOMELAND SECURITY EVENTS.

    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. HOMELAND SECURITY EVENTS.

    ``(a) In General.--At the request of the Governor of the affected 
State, the President may declare that a major disaster constitutes a 
homeland security event for the purposes of this section. Such a 
request shall be based on a finding that Federal assistance is 
necessary because the event poses a significant risk to the security of 
the people and property of the Nation and is of such severity and 
magnitude that effective response is beyond the capability of the 
affected State and local government.
    ``(b) Federal Assistance.--In any homeland security event, in 
addition to providing other assistance made available under this title 
in a major disaster, the President may--
            ``(1) establish a coordinating office and appoint a 
        disaster recovery director--
                    ``(A) to work with and coordinate efforts with the 
                Federal coordinating officer appointed under section 
                302;
                    ``(B) to oversee and coordinate the timely 
                distribution of Federal assistance to persons injured 
                in such disaster;
                    ``(C) to develop methods to expedite claims for 
                relief and assistance by individuals and businesses;
                    ``(D) coordinate long-term recovery efforts with 
                State and local authorities; and
                    ``(E) work with Federal agencies to develop more 
                effective methods to assist affected parties;
            ``(2) require that if an office described in paragraph (1) 
        is established, the disaster recovery director--
                    ``(A) shall consult with local officials in 
                developing a recovery plan; and
                    ``(B) may appoint an independent claims manager to 
                assist in providing assistance;
            ``(3) in any case in which a Federal official issues a high 
        security alert after a homeland security event, provide 
        technical assistance and reimbursement to State and local 
        governments in the disaster area for expenses incurred related 
        to such alert, including overtime for law enforcement officers 
        for a period of time that the President determines is 
        necessary;
            ``(4) provide grants to a local government which may suffer 
        a substantial loss of tax and other revenues;
            ``(5) authorize reimbursement to a school system for--
                    ``(A) providing additional classroom instruction 
                time and related activities to students who lost 
                instructional time as a result of the homeland security 
                event;
                    ``(B) providing mental health and trauma counseling 
                and other appropriate support services to students 
                suffering from trauma-related disorders resulting from 
                the homeland security event;
                    ``(C) providing guidance and grief counseling and 
                mental health services, including overtime payment for 
                counselors and mental health professionals, for 
                students and school staff;
                    ``(D) clean up and structural inspections and 
                repairs of school facilities;
                    ``(E) textbooks and other school supplies and 
                equipment used to support the relocation of students 
                from schools in the disaster area;
                    ``(F) the cost of relocating students, including 
                transportation of students to temporary school 
                facilities; and
                    ``(G) loss of perishable food stock and revenue 
                lost from food services; and
            ``(6) provide grants, equipment, supplies, and personnel, 
        to any non-profit medical facility that has--
                    ``(A) lost equipment or revenue due to a major 
                disaster;
                    ``(B) incurred additional costs for security 
                enhancements in anticipation of a homeland security 
                event;
                    ``(C) purchased emergency supplies, medicine, or 
                equipment, or contracted with medical specialists, in 
                order to respond to casualties expected to be treated 
                as a result of a major disaster; or
                    ``(D) complied with Federal and State requirements 
                concerning maintenance of health service treatment 
                procedures (such as dialysis facilities) that may not 
                be used as a result of a major disaster; and
            ``(7) authorize and direct the Administrator of the 
        Environmental Protection Agency to perform all testing of 
        indoor air quality deemed necessary by the Administrator and to 
        undertake such remedial actions as may be necessary, in the 
        discretion of the Administrator, to protect human health and 
        safety from the contamination of indoor air quality following 
        any such event.''.

SEC. 6. CRITICAL SERVICES.

    Section 406(a)(3)(B) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(a)(3)(B)) is amended--
            (1) by striking ``and'' before ``emergency''; and
            (2) by inserting before the period the following: ``, 
        education systems, providers of counseling assistance, and 
        providers of assistance to the homeless''.

SEC. 7. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

    Section 408(a)(1) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(a)(1)) is amended by striking 
``direct'' each place it appears.

SEC. 8. COMMUNITY DISASTER LOANS.

    (a) Amount.--Section 417(b) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5184(b)) is amended by 
striking ``, and shall not exceed $5,000,000''.
    (b) Major Disasters Caused by Terrorist Attacks.--Section 417 of 
such Act (42 U.S.C. 5184) is amended by adding at the end the 
following:
    ``(e) Interest Forgiveness in Certain Cases.--The President shall 
not require the payment of any interest on a loan made under this 
section to a local government which may suffer a substantial loss of 
tax and other revenues as a result of a homeland security event.''.
    (c) Applicability.--The amendments made by this section shall apply 
with respect to any major disaster occurring on or after October 30, 
2000.

SEC. 9. STANDARDS AND REPORTING.

    The Director of the Office of Management and Budget shall--
            (1) establish standards for reporting information regarding 
        disaster efforts made by each agency that assists in providing 
        relief in a disaster that the President has determined 
        constitutes a homeland security event under section 425 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.);
            (2) collect data from each such agency regarding the 
        efforts of such agency for each major disaster described in 
        paragraph (1) not less than once each year; and
            (3) report such data to the appropriate committees of 
        Congress annually.

SEC. 10. SPECIAL PRESIDENTIAL COMMISSION TO REVIEW AIR QUALITY.

    The President shall appoint a special commission to undertake a 
study of the authorities available to the Environmental Protection 
Agency following a major disaster that the President determines 
constitutes a homeland security event under title IV of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 
and following), particularly a terrorist attack using chemical, 
biological, or nuclear weapons. The Commission shall examine the 
agency's authorities to--
            (1) monitor the environment;
            (2) evaluate health risks associated with air pollutants 
        that may be released into the environment as result of such a 
        disaster; and
            (3) communicate with affected communities and first 
        responders.
The Commission shall submit a report to the President and to the 
Congress containing the results of such study and including any 
recommendations of the special commission regarding the clarification 
and recommendation of Environmental Protection Agency authorities in 
such situations.

SEC. 11. ACUTELY AND SUB-ACUTELY TOXIC CHEMICAL, BIOLOGICAL, AND 
              RADIOACTIVE EXPOSURE GUIDELINES.

    The Administrator of the Environmental Protection Agency shall 
promulgate guidelines regarding the health risks of short-, medium-, or 
long-term exposure to acutely or sub-actuely toxic chemical, 
biological, and radioactive materials that may be released into the 
environment as a consequence of a major disaster that the President 
determines constitutes a homeland security event under title IV of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170 and following). The Director of the Centers for Disease 
Control and Prevention shall provide the Administrator with such 
information and analysis as may be necessary for the Administrator to 
promulgate guidelines under this section in the case of biological 
materials.

SEC. 12. AUTHORITIES FOR ENVIRONMENTAL MONITORING AND ANALYSIS.

    In order to provide for standardized and rapid data collection and 
analysis and communication regarding environmental risks following any 
major disaster that the President determines constitutes a homeland 
security event under title IV of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170 and following), the 
President shall designate the Administrator of the Environmental 
Protection Agency or the Director of the Centers for Disease Control 
and Prevention (in the case of a release of biological agents) to 
coordinate all data collection and monitoring and dissemination of 
analysis regarding the release of pollutants and contaminants 
(including biological agents) into the environment by reason of any 
such disaster.

SEC. 13. DATA COLLECTION DURING PUBLIC HEALTH EMERGENCIES; RESEARCH ON 
              ASSISTING VICTIMS; ADVANCED PREPARATION.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by inserting after section 319M the following 
section:

``SEC. 319N. DATA COLLECTION DURING PUBLIC HEALTH EMERGENCIES; RESEARCH 
              ON ASSISTING VICTIMS; ADVANCED PREPARATION.

    ``(a) In General.--The Secretary may make awards of grants, 
contracts, and cooperative agreements to public and nonprofit private 
entities for the purpose of collecting public health data during and in 
the aftermath of public health emergencies, and conducting research 
with respect to such data, in order to develop medical therapies and 
other public health strategies for assisting victims of such 
emergencies in recovering from the emergencies.
    ``(b) Advance Preparation for Emergency Events.--The Secretary 
shall provide for the approval of applications for awards under 
subsection (a) in advance of public health emergencies in order that, 
upon the occurrence of such an emergency, the Secretary can promptly 
begin disbursing amounts from the awards and the recipients of the 
awards can promptly begin carrying out the purpose described in 
subsection (a).
    ``(c) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated such sums as 
may be necessary for each of the fiscal years 2009 through 2012, in 
addition to other authorizations of appropriations that are available 
for such purpose. Amounts appropriated under the preceding sentence 
shall remain available until expended.''.

SEC. 14. DISASTER RELIEF GRANTS FOR LOCAL EDUCATIONAL AGENCIES.

    (a) Establishment.--The Secretary of Education may make grants for 
disaster relief to local educational agencies located in any area for 
which the President has declared a major disaster pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.).
    (b) Use of Funds.--The Secretary may not make a grant under this 
section unless the applicant involved agrees to use the grant as 
reimbursement or payment for expenses resulting from a major disaster 
described in subsection (a) that occurred after September 10, 2001. 
Such expenses may include any of the following:
            (1) Additional classroom instruction time and related 
        activities for students who lost instructional time as a result 
        of the disaster.
            (2) Mental health and trauma counseling and other 
        appropriate support services to students suffering from long-
        term or short-term trauma-related disorders resulting from the 
        disaster.
            (3) Guidance and grief counseling and mental health 
        services, including overtime payment for counselors and mental 
        health professionals, for students and school staff.
            (4) Textbooks and other school supplies and equipment 
        damaged or destroyed as a result of the disaster, or used to 
        support the relocation of students from schools in the disaster 
        area.
            (5) Relocating students, including transportation of 
        students to temporary school facilities.
            (6) Loss of perishable food stock and revenue lost from 
        food services.
            (7) Renting or leasing alternate temporary facilities or 
        transportation.
    (c) Application.--To seek a grant under this section, a local 
educational agency shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
reasonably requires.
    (d) Rule of Construction.--Nothing in this Act shall be construed 
as prohibiting or exempting the Federal Emergency Management Agency 
from its obligation to provide assistance to local educational agencies 
in connection with a major disaster, including debris removal and 
cleanup, and restoration of facilities to their predisaster condition.
    (e) Definitions.--For purposes of this section:
            (1) The term ``local educational agency'' has the meaning 
        given to that term in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) The term ``Secretary'' means the Secretary of 
        Education.
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