I 
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 de-
termined 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 Emer-
gency 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 Representa-
tives 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’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Robert T. Stafford Relief and Emer-
gency 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 Sep-
tember 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 com-
prehensive authority to deal with them, as defined 
by current law, slowed down and complicated Fed-
eral disaster relief for the New York and Wash-
ington 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 author-
ity to address the inadequacies in the existing sys-
tem of response. 
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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 ‘‘ex-
plosion, terrorist attack (including a biological, nuclear, 
chemical, or small arms attack and a cyber-attack on com-
puter systems), dispersion of radioactive or other contami-
nants, dispersion of hazardous substances, or other cata-
strophic 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, ir-
rigation, 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. 
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‘‘(iii) Any other public building, struc-
ture, or system, including those used for 
educational, recreational, or cultural pur-
poses. 
‘‘(iv) Any park. 
‘‘(B) HOMELAND
SECURITY
EVENT.—In 
the case of a homeland security event as de-
scribed in section 425, the term ‘public facility’ 
also includes private for-profit telecommuni-
cations and phone services and private for-prof-
it utilities (including power, water (including 
water provided by an irrigation organization or 
facility), sewer, and wastewater treatment) ex-
cept 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 insur-
ance 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 
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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 capa-
bility of the affected State and local government. 
‘‘(b) FEDERAL ASSISTANCE.—In any homeland secu-
rity 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 in-
jured 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 
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‘‘(E) work with Federal agencies to de-
velop more effective methods to assist affected 
parties; 
‘‘(2) require that if an office described in para-
graph (1) is established, the disaster recovery direc-
tor— 
‘‘(A) shall consult with local officials in de-
veloping 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 reimburse-
ment to State and local governments in the disaster 
area for expenses incurred related to such alert, in-
cluding overtime for law enforcement officers for a 
period of time that the President determines is nec-
essary; 
‘‘(4) provide grants to a local government which 
may suffer a substantial loss of tax and other reve-
nues; 
‘‘(5) authorize reimbursement to a school sys-
tem for— 
‘‘(A) providing additional classroom in-
struction time and related activities to students 
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who lost instructional time as a result of the 
homeland security event; 
‘‘(B) providing mental health and trauma 
counseling and other appropriate support serv-
ices to students suffering from trauma-related 
disorders resulting from the homeland security 
event; 
‘‘(C) providing guidance and grief coun-
seling 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, in-
cluding transportation of students to temporary 
school facilities; and 
‘‘(G) loss of perishable food stock and rev-
enue lost from food services; and 
‘‘(6) provide grants, equipment, supplies, and 
personnel, to any non-profit medical facility that 
has— 
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‘‘(A) lost equipment or revenue due to a 
major disaster; 
‘‘(B) incurred additional costs for security 
enhancements in anticipation of a homeland se-
curity event; 
‘‘(C) purchased emergency supplies, medi-
cine, or equipment, or contracted with medical 
specialists, in order to respond to casualties ex-
pected to be treated as a result of a major dis-
aster; or 
‘‘(D) complied with Federal and State re-
quirements 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 ac-
tions as may be necessary, in the discretion of the 
Administrator, to protect human health and safety 
from the contamination of indoor air quality fol-
lowing any such event.’’. 
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SEC. 6. CRITICAL SERVICES. 
Section 406(a)(3)(B) of the Robert T. Stafford Dis-
aster 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 assist-
ance, 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. Staf-
ford 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 AT-
TACKS.—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 inter-
est on a loan made under this section to a local govern-
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ment 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 oc-
curring on or after October 30, 2000. 
SEC. 9. STANDARDS AND REPORTING. 
The Director of the Office of Management and Budg-
et shall— 
(1) establish standards for reporting informa-
tion regarding disaster efforts made by each agency 
that assists in providing relief in a disaster that the 
President has determined constitutes a homeland se-
curity 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 regard-
ing the efforts of such agency for each major dis-
aster described in paragraph (1) not less than once 
each year; and 
(3) report such data to the appropriate commit-
tees 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 Envi-
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ronmental Protection Agency following a major disaster 
that the President determines constitutes a homeland se-
curity event under title IV of the Robert T. Stafford Dis-
aster 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 pol-
lutants 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 commis-
sion regarding the clarification and recommendation of 
Environmental Protection Agency authorities in such situ-
ations. 
SEC. 11. ACUTELY AND SUB-ACUTELY TOXIC CHEMICAL, BI-
OLOGICAL, 
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 
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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 de-
termines constitutes a homeland security event under title 
IV of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170 and following). The 
Director of the Centers for Disease Control and Preven-
tion 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 envi-
ronmental 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 Adminis-
trator of the Environmental Protection Agency or the Di-
rector 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 contami-
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nants (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 sec-
tion 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 occur-
rence of such an emergency, the Secretary can promptly 
begin disbursing amounts from the awards and the recipi-
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