II
109th CONGRESS
1st Session
S. 2133
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.
Short title
This Act may be cited as
the Disaster Relief Act of
2005
.
Findings and purposes
Findings
Congress finds that—
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;
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;
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;
emergency declarations, widely used to provide assistance to evacuees following Hurricane Katrina, may not adequate;
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.);
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;
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;
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;
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
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.
Purposes
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.).
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.
Definitions
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:
Major disaster
The term major disaster means a catastrophic event that—
involves or results in—
a large number of human deaths, injuries, or illnesses;
substantial property damage or loss; or
extensive disruption of public services; and
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.
.
United States
Section 102(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(3)) is amended—
by striking
‘United States’
and inserting the following:
United States
The term United States
;
by striking
and
after Samoa,
; and
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.
.
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:
Affected State
The term affected State means any State—
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);
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
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).
.
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
.
Coordinating officers
Section 302(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143(a)) is amended—
by inserting
(1)
before Immediately
; and
by adding at the end the following:
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).
.
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
.
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—
in the first sentence—
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
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
in the third
sentence, by striking 10 days
and inserting 30
days
.
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
.
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—
in subparagraph (A), by striking
Committee on Environment and Public Works
and inserting
Committee on Homeland Security and Governmental Affairs
;
and
in subparagraph
(B), by inserting and the Committee on Homeland Security
after
Infrastructure
.
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—
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
;
in subsection (c)—
in paragraph
(2)(C), by striking $5,000
and inserting $10,000
;
and
in paragraph
(3)(B), by striking $10,000
and inserting
$20,000
; and
in subsection
(h)(1), by striking $25,000
and inserting
$50,000
.
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,
.
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:
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.
.
Disaster Relief Fund
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:
Disaster relief fund
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).
Appropriations
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.
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.
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.
Replenishment
There shall be appropriated, for each fiscal year, sufficient amounts to restore the Fund to balance required under paragraph (3).
Use of funds
Amounts in the Fund shall only be available to meet the emergency funding requirements for—
particular domestic disasters and security emergencies designated by a Joint Resolution of Congress; or
an emergency or major disaster declared by the President under this Act.
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).
.
Abolition of existing fund
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).
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.
Conforming amendments
Permanent appropriation
Section 1305 of title 31, United States Code, is amended by adding at the end the following:
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.
.
Congressional budget process
Section 301(a) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)) is amended—
by redesignating paragraphs (6) and (7) as paragraphs (7) and (8) respectively; and
by inserting after paragraph (5) the following:
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.
.