I 
109TH CONGRESS 
2D SESSION 
H. R. 5901 
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 26, 2006 
Mrs. MALONEY (for herself and Mr. SERRANO) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Committees on Energy and Commerce and 
Education and the Workforce, 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 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 2006’’. 
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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 ‘‘, 
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: 
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‘‘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 assistance to persons in-
jured in such disaster; 
‘‘(C) to develop methods to expedite claims 
for relief and assistance by individuals and 
businesses; 
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‘‘(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 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— 
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‘‘(A) providing additional classroom in-
struction 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 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 
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‘‘(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 
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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 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: 
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‘‘(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. 
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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. 
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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. 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-
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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-
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 319K the following section: 
‘‘SEC. 319L. 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. 
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‘‘(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-
ents 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 2006 through 2009, in addition 
to other authorizations of appropriations that are available 
for such purpose. Amounts appropriated under the pre-
ceding sentence are available until expended.’’. 
SEC. 14. DISASTER RELIEF GRANTS FOR LOCAL EDU-
CATIONAL 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. Staf-
ford 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 
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agrees to use the grant as reimbursement or payment for 
expenses resulting from a major disaster described in sub-
section (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 suf-
fering 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 stu-
dents 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 stu-
dents from schools in the disaster area. 
(5) Relocating students, including transpor-
tation of students to temporary school facilities. 
(6) Loss of perishable food stock and revenue 
lost from food services. 
(7) Renting or leasing alternate temporary fa-
cilities or transportation. 
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(c) APPLICATION.—To seek a grant under this sec-
tion, a local educational agency shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary reasonably re-
quires. 
(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 connec-
tion 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. 
Æ 
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