[Congressional Record Volume 151, Number 162 (Friday, December 16, 2005)]
[Senate]
[Pages S13798-S13800]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER:
  S. 2133. 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; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. ROCKEFELLER. Mr. President, the massive devastation inflicted 
upon our southern States by hurricanes Katrina, Rita, and Wilma 
reminded all Americans how important it is that the Federal Government 
be able to respond quickly and effectively when disaster strikes. We 
also learned from those tragedies that we must assist in ways few of us 
had imagined--for example, to meet the needs of evacuees who were 
dispersed far from the disaster.
  Other events of the past few years, both here at home and abroad, 
have taught us that we must prepare for more than just natural 
disasters. Accidents, acts of terrorism, and pandemic illnesses also 
threaten us with death, injury, and destruction. And while we work to 
minimize the threats, we must assume that such disasters will really 
happen.
  I have concluded that the President's current statuary authority to 
respond to disasters is not sufficient to meet the threats that we all 
now recognize as real, though once they were unimaginable. Today, I am 
introducing the Disaster Relief Act 2005 to modernize our disaster 
response capability for the 21st century.
  One of the principal authorities we have given the President for 
disaster management is the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act. This is the law that authorizes the 
President, at the request of a Governor, to declare an ``Emergency'' or 
a ``Major Disaster,'' which then enables various types of Federal 
assistance. Emergency is the lower level declaration. The President is 
given great latitude in the types of events that can be declared 
emergencies, but relief is generally limited to $5 million per 
declaration. A major disaster declaration allows much greater 
assistance, but can be made only for natural disasters or, from any 
cause, fire, flood, or explosion.
  The Department of Homeland Security uses 15 disaster scenarios to 
guide planning for the types of catastrophes it has concluded threaten 
our country. Besides natural disasters, the list includes various types 
of terrorist attacks--chemical, biological, radiological, cyber--as 
well as major health disasters. Though the President could respond to 
any of these scenarios by issuing an Emergency declaration, only seven 
of the fifteen would currently qualify under the Stafford Act to be 
declared a major disaster.
  This bill will modify the definition of a major disaster in the 
Stafford Act to direct the President to focus on the impacts of an 
event in determining whether to issue a declaration. It is indeed the 
suffering--deaths, injuries, destruction--and not the cause of that 
suffering, which should determine our response. Catastrophic events, 
foreseeable and yet unimagined, will be covered if the suffering 
exceeds the capacity of the State to respond.
  Furthermore, under the Stafford Act it is not clear whether States 
affected indirectly by a disaster occurring elsewhere--for example, by 
receiving evacuees or by the spread of nuclear, toxic, or infectious 
agents--could receive a major disaster declaration. It became clear in 
the aftermath of Hurricane Katrina that meeting the needs of evacuees 
can be a difficult challenge. Four States received major disaster 
declarations following Katrina. Forty-four others received emergency 
declarations to assist evacuees, but not even Texas, which hosted over 
200,000 evacuees, received a major disaster declaration to assist them. 
Even if it were possible to declare a major disaster in a State 
receiving evacuees, assistance to meet some of their needs--education, 
healthcare, long-term housing and resettlement--is not adequately 
authorized under the Stafford Act.
  Being able to meet the needs of evacuees is an important issue for 
West Virginia. We hosted several hundred evacuees from Hurricane 
Katrina, just enough to understand the special needs of people who have 
lost their homes and livelihoods, have been moved to unfamiliar places 
without resources, have been separated from their families, and 
suffered in many other ways. A disaster in the Washington-Baltimore 
region, or in Pennsylvania or Ohio, could bring far more evacuees to 
West Virginia than we could assist with presently available resources.
  This bill acknowledges the fact that the impacts of a major disaster 
can extend far beyond the location of the event, and enables the 
President to make major disaster declarations in affected States, 
wherever they may be located. Additional forms of assistance to 
evacuees, found necessary after hurricane Katrina--for education, 
healthcare, long-term housing, and resettlement--will be made 
available.
  Several other aspects of the Stafford Act require our attention, and 
are addressed in the bill. Authorization for Predisaster Hazard 
Mitigation under Title II, set to expire at the end of this year, will 
be extended to 2010. The modest levels of direct assistance to 
individuals, though indexed to inflation, will be increased because of 
rapid increases in housing costs in recent years. The duration of 
assistance that can be provided by the Department of Defense, for the 
preservation of life and property, will be increased from 10 to 30 
days, to meet needs following extreme disasters. It will be clarified 
that events occurring within the waters surrounding the United States 
are eligible for emergency and major disaster declarations, Efforts to 
recover costs of assistance when emergencies or major disasters are 
caused by gross negligence will be authorized. The process for 
appropriating funds for disaster relief will be improved. And other 
minor improvements will be made.
  I ask my colleagues in the Senate to join me to pass this bill and 
improve our preparedness for disasters in the 21st century.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2133

       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;

[[Page S13799]]

       (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.--

[[Page S13800]]

       (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.''.
                                 ______