I
107TH CONGRESS
2D SESSION
H. R. 5164
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
JULY 18, 2002
Mrs. MALONEY of New York (for herself, Mr. SERRANO, Mr. WEINER, and
Mr. MCNULTY) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Energy and Commerce, 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 2002’’.
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 statute, slowed down and complicated
Federal 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.
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 com-
puter systems), dispersion of radioactive or other contami-
nants, dispersion of hazardous substances, or other cata-
strophic event’’;
SEC. 4. DEFINITION OF PRIVATE NONPROFIT FACILITY.
Section 102(9) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122(9))
is amended by adding at the end the following: ‘‘In the
case of a homeland security event, such term also includes
private for-profit telecommunications and phone services
and private for-profit utilities (including power, water (in-
cluding water provided by an irrigation organization or fa-
cility), 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 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
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 compensation 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 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
director—
‘‘(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—
‘‘(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 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.’’.
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—
(1) by striking ‘‘, shall not exceed’’ and insert-
ing ‘‘and shall not exceed’’; and
(2) 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-
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-
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
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. EPA AUTHORITIES FOR ENVIRONMENTAL MONI-
TORING 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-