National and Disaster Management Authority Act

TWENTIETH CONGRESS OF THE 3 REPUBLIC OF THE PHILIPPINES 25 JUL 29 P1:00 First Regular Session SENATE RECEIVED EY S.B. No. - Introduced by SENATOR IMEE R. MARCOS AN ACT CREATING THE NATIONAL RESILIENCY AND DISASTER MANAGEMENT AUTHORITY, PRESCRIBING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE Article II, Section 5 of the 1987 Constitution provides that 'the State shall maintain peace and order and protect life and property. The State recognizes its duty to ensure immediate and continuing means of assistance by the National Government to local government units on their responsibility in reducing the loss of life and property and protect the nation from all hazards." The Philippines consistently ranks as one of the world's countries most exposed to all types of hazards - storms, volcanoes, epidemics, industrial accidents, etc. The country is even described as one of the most "typhoon-ravaged countries in the world." The Philippines experiences an average of 20 typhoons per year, with its urban residents facing risks from rising sea levels and increasing frequency of extreme weather events which cause economic losses that are increasing over time. Scientists believe this occurred because of climate change, in addition to the country's significant geographic location with over 7,641 islands. Apart from natural calamities, armed conflict and other man-made hazards further threaten the lives of Filipino communities. The country is said to be a "haven for terrorists" and was reported as one of the countries with the greatest number of terrorist organizations over the last decade. The current practice in disaster risk reduction, however, requires going through different government agencies delaying the mobilization of resources in times of disaster. During these events, lives are put in danger, basic needs like food, shelter water, and utilities are compromised and public infrastructures destroyed.

The measure seeks to create an Authority rather than a Department because the National Disaster Risk Reduction and Management Council (NDRRMC) itself prefer to be under the Office of the President since their response and rescue capabilities require the cooperation of other departments and agencies. Moreover, the additional creation of a department would be in contrast to the administration's effort and direction in rightsizing the government. Thus, it is imperative that an Authority be created under the Office of the President which will have the capacity to exercise command and control over concerned departments, agencies, government-owned and controlled corporations, and local government units, including the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), on their respective functions, and be able to provide immediate response in times of disaster and other hazards. In light of this, the immediate passage of this bill is earnestly sought. Free h. marea IMEER. MARCOSY

Nifer of ti TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) ) JUL 29 P1:00 First Regular Session SENATE RECENCO 3" S.B. No. 746 Introduced by SENATOR IMEE R. MARCOS AN ACT CREATING THE NATIONAL RESILIENCY AND DISASTER MANAGEMENT AUTHORITY, PRESCRIBING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "National and Disaster

Management Authority Act."

SEC. 2. Declaration of Policy. - The State shall uphold the people's right to life

and property, strengthen the country's institutional capacity for disaster resiliency and disaster management, strengthen the capacities of departments, agencies, and Local Government Units (LGUs) in mitigating, preparing, responding, and recovering from the impact of disasters.

SEC. 3. National Resiliency and Disaster Management Authority. - There is

hereby created the "National Resiliency and Disaster Management Authority," hereinafter referred to as the "Authority" which shall be under the Office of the President. The Authority shall be primary agency responsible for preparing, leading, organizing, and managing the government's effort to disaster resiliency and management, including coordination with different departments, agencies, and LGUs in the different phases of disaster: (1) Prevention and Mitigation, (2) Preparedness, (3) Response, (4) Rehabilitation and (5) Recovery. The Authority shall be empowered with policy-making, coordination, integration, supervision, monitoring, implementation, evaluation, and capacity building

functions. The primary mission of the Agency is to reduce the loss of life and property and protect the country from all hazards, including natural and man-made disasters and armed conflicts. Upon its creation, a Resiliency Administrator shall be appointed by the President, having a rank of cabinet secretary, who shall manage and coordinate the effective implementation of this Act.

SEC. 4. Powers and Functions. - The Authority shall have the following powers

and functions: (1) Formulate, in coordination with the Council, the "National Resiliency and Disaster Management Plan", as provided in Sections 5 and 6 of this Act; (2) Issue administrative directives and promote operational skills and capacities to implement strategies, policies, and improved disaster resilience and management capacities in order to lessen the adverse impacts of hazards; (3) Monitor the integration of disaster resilience and climate change adaptation in the national development plans and create an enabling environment that shall promote multi-stakeholder participation of concerned departments, agencies, local government units, organizations, and other stakeholders; (4) Coordinate and exercise command and control with the concerned departments, agencies, government-owned and controlled corporations, and local government units, including the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), on their respective functions in times of disaster and other hazards; (5) Organize, train, equip, and maintain a response capacity system for search, rescue, and retrieval and delivery and distribution of relief goods; (6) Monitor the implementation of this Act and the active participation of the concerned departments, agencies, government-owned and controlled corporations, and local government units, including the AFP and the PNP; and (7) Perform such other functions, as may be necessary, for the effective implementation of this Act.

SEC. 5. Council. - To ensure the effective implementation of this Act, a

"National Resilience and Disaster Management Council" hereinafter referred to as the "Council," shall be constituted to assist the Authority which shall be composed of the following: (1) Secretary of the Department of National Defense (DND);

(2) Secretary of the Department of Interior and Local Government (DILG); (3) National Security Adviser of the National Security Council (NSC) (4) Secretary of the Department of Social Welfare and Development (DSWD); (5) Secretary of the Department of Health (DOH); (6) Secretary of the Department of Public Works and Highways (DPWH); (7) Secretary of the Department of Agriculture (DA); (8) Secretary of the Department of Environment and Natural Resources (DENR); (9) Secretary of the Department of Science and Technology (DOST); (10) Secretary of the Department of Information and Communications Technology (DICT); and (11) One (1) Commissioner from the Climate Change Commission. The abovementioned members shall be considered as ex officio members.

SEC. 6. National Resiliency and Disaster Management Plan. - With ninety (90)

days after the effectivity of this Act, the Authority shall establish a "National Resiliency and Disaster Management Plan," hereinafter referred to as the "Plan" which shall contain a comprehensive, all hazards, multi-sectoral, inter-agency, and community- based strategy that shall build and strengthen capabilities necessary to prepare, respond, and recover from natural disasters, armed conflicts, and other man-made disasters while also building the unique capabilities necessary to respond to specific types of incidents that may pose greater risk. The Plan shall set goals, objectives, and the guidelines for disaster resiliency and management in national and local levels, with a whole-of-nation approach. It shall also serve as the principal guide for the implementation of this Act and shall be reviewed every three (3) years thereafter, or as may be deemed necessary. For purposes of this Act, "resilience" shall mean the ability of a system exposed to hazards to be able to, continuously and all year round, resist, absorb. respond, and recover from the immediate effects of a hazard, natural or man-made calamity, and/or armed conflict in a timely and efficient manner.

SEC. 7. Preparedness and Early Warning. - The Authority shall establish

standards for disaster preparedness, contingency planning, localizing, operationalizing, disaster risk and vulnerability reduction and management, preparedness for disaster response, preparedness for disaster response and early recovery, continuity of essential needs and services, and other relevant preparedness activities.

The Authority shall mandate concerned government departments and agencies, such as the DOST, DICT, DILG, AFP, and PNP to establish integrated early warning systems, including information mechanisms, regarding meteorological, geologic, or terrestrial phenomena and man-made threats from real-time data both local and international sources. The LGUs shall assist the Authority in identifying and/or establishing safe or strategic sites and evacuation centers with adequate facilities and in hazards assessment. Provided, That, early warning system shall refer to the set of capacities needed to generate and disseminate timely and meaningful warning information to enable individuals, communities, and organizations threatened by a hazard to prepare and to act appropriately and in sufficient time to reduce the possibility of harm or loss. The system comprises of the following elements: (1) knowledge of risks; (2) monitoring, analysis, and forecasting of the hazards; (3) communication or dissemination of alerts and warnings; and (4) local capabilities to respond to the warning received.

SEC. 8. Disaster Response and Early Recovery. - The Authority shall ensure the

provision of emergency services and public assistance during or immediately after a disaster or armed conflict in order to secure and save lives, reduce health impacts, ensure public safety and meet the basic subsistence needs of the people affected. Such response includes immediate relief assistance focused on immediate and short- term needs of the victims and the vulnerable. The Authority may declare a state of calamity, when appropriate, of affected barangays, municipalities, cities, provinces, and region and the lifting thereof based on the criteria set forth by the Council. Provided that, the declaration and lifting of the declaration may be issued by the LGUs, through a Resolution by the concerned Sanggunian, or by the President through the recommendation of the Authority based on the results of the damage and assessment and needs analysis. The Authority shall ensure that the concerned departments and agencies, such as the DOH, DPWH, and DSWD will deliver immediate and adequate goods, articles, and/or equipment for relief assistance to affected areas. Emergency responders, community practitioners, and organized volunteer organizations may contribute by providing timely and efficient emergency response

and providing training on basic life support, first aid, and search and rescue, in accordance with the standards as may be provided by the Authority.

SEC. 9. Rehabilitation and Recovery. - The Authority shall coordinate and

ensure that concerned departments and agencies, such as the DSWD, DPWH, and DOH prepare, organize, implement, and manage post-disaster assessment and recovery and rehabilitation programs, in coordination with the affected LGUs, and other stakeholders. Rehabilitative measures should provide the affected individuals and communities the ability to restore their normal level of functioning by restoring livelihoods and services, reconstructing damaged infrastructures and increasing the communities' organizational capacity, among others. The Authority shall also encourage and promote an approach to expedite rehabilitation and reconstruction efforts. Provided that, the principle of "Build Forward Better" shall be applied to rehabilitation and recovery efforts. For purposes of this Act, "Build Forward Better" shall refer to an approach to building and/or reconstructing an area or community, which entails a shift from simple recovery and restoration to safer, more adaptive, resilient, and inclusive communities.

SEC. 10. Regional Offices. - Upon the effectivity of this Act, Regional Offices

shall be established in each region which shall be headed by a Regional Administrator who shall be appointed by the Resiliency Administrator and shall have the expertise in emergency response and management taking into consideration his/her familiarity with the geographic and demographic characteristics of the region. Provided that, no person shall be appointed Regional Administrator unless he/she is a citizen and resident of the Republic of the Philippines, is of good moral character, and is of proven competence and integrity. The Regional Administrator shall have the following responsibilities: (a) Ensure coordinated and integrated regional preparedness, protection, response, recovery, and mitigation activities and programs for natural disasters, acts of terrorism, and other man-made disasters including planning, training, exercises, and professional development);

(b) Assist in the development of regional capabilities needed for a national catastrophic response system; (c) Coordinate the establishment of effective regional operable and interoperable emergency communications capabilities with the concerned stakeholders; (d) Designate an individual responsible for the development of strategic and operational regional plans in support of the Framework; (e) Foster and promote the development of mutual aid and other cooperative agreements; (f) Identify critical gaps in regional capabilities to respond to populations with special needs; (g) Maintain and operate a Regional Response Coordination Center; (h) Coordinate with the private sector to help ensure private sector preparedness for natural disasters, armed conflicts, and other man-made disasters; (i) Assist State, local, and tribal governments, where appropriate, to pre-identify and evaluate suitable sites where a multijurisdictional incident command system may quickly be established and operated from, if the need for such a system arises; and i) Perform such other responsibilities, as may be necessary in the implementation of this Act.

SEC. 11. Donations. - The Authority shall have the power to receive donations

and grants from any person, government institution, corporation, international organization, and other similar entities, and the power to recommend the procurement of developmental assistance for the purpose of disaster risk and vulnerability reduction and management and climate change adaptation. The importation and donation of food, clothing, medicine, and equipment for relief and recovery and other disaster management and recovery-related supplies is authorized in accordance with Sec. 800 of R.A. No. 10863 otherwise known as the "Customs Modernization and Tariff Act (CMTA)," as amended, and the prevailing 31 provisions of the General Appropriations Act. Provided that, the Authority shall acknowledge, through receipts, all donations and grants to ensure judicious management including proper and accurate audit reporting.

SEC. 12, International Humanitarian Assistance. - The Authority, in

coordination with the Council, shall promulgate guidelines on international assistance including initiation, entry, facilitation, transit, regulation, and termination thereof, as well as those involving international disaster relief and personnel assisting international

actors, visa waiver, recognition of foreign professional qualifications, entry of international disaster goods and equipment, and exemption from port duties, taxes, and restrictions. In the event that the Authority determines that domestic response capabilities are not sufficient, the Authority may recommend to the President that request/s be made for international humanitarian assistance.

SEC. 13. Visa Waiver. - As may be determined by the Authority, eligible

assisting international actors who shall perform disaster relief and initial recovery assistance shall be entitled to waiver of entry visa requirements, including associated fees and charges, in so far as such are still needed in the affected areas.

SEC. 14. Customs Facilitation and Priority Treatment. - The Bureau of Customs

(BOC) shall facilitate and assist in the rapid importation and/or consignment of goods and equipment by eligible assisting actors and shall accord them priority treatment in handling.

SEC. 15. Exemption from Import Duties, Taxes, and Restrictions. -

Consignment of goods and equipment by or on behalf of eligible assisting international actors shall benefit from exemption of all duties and taxes; waiver of economic prohibitions and restrictions, except for categories of special goods, as may be determined by the Authority; and clearance without regard to the country of origin or the country from which the goods have arrived, subject to monitoring for public health and security concerns.

SEC. 16. Emergency Procurement. - In order to expedite disaster response and

recovery, the procurement or lease of equipment and delivery of goods and services through emergency procurement or purchase at site shall be allowed. Periods of action on procurement activities may also be waived for the same purpose and conditions.

SEC. 17. Disaster Resilience and Climate Change Management Information

System. - The Authority shall establish a Disaster Resilience and Climate Change Management Information System which shall constitute an online central database of all disaster and climate change data including a geographic information system on mapping, geo-hazard assessment, climate risks, disaster-risk analysis, and climate change vulnerability assessment. Such Information System shall be made available to all concerned departments and agencies.

SEC. 18. Transfer and Attachment. - Upon the effectivity of this Act, the

applicable powers, functions, funds, assets, personnel, and appropriation of the National Disaster Risk Reduction and Management Council (NDRRMC) shall be transferred to the Authority.

SEC. 19. Fiscal Management. - The Authority shall manage all funds

appropriated to it by Congress and from other sources, including donations as provided in Sec. 11 of this Act.

SEC. 20. National Disaster Resilience Fund (NDRF), - The utilization and

allocation of the entire NDR and its quick response fund component shall be managed by the Authority except as provided in other laws.

SEC. 21. Appropriation. - The amount needed for the implementation of this

Act shall be included in the General Appropriations Act (GAA).

SEC. 22. Implementing Rules and Regulations. - Within sixty (60) days from

the effectivity of this Act, the DepEd shall formulate and promulgate the necessary rules and regulations to implement the provisions of this Act.

SEC. 23. Repealing Clause. - All laws, decrees, orders, rules and regulations or

other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 24. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in force and effect.

SEC. 25. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,