[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1870 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1870

To expedite payments of certain Federal emergency assistance authorized 
   pursuant to the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act, and to direct the Secretary of Homeland Security to 
          exercise certain authority provided under such Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2005

 Mr. Foley (for himself, Mr. Miller of Florida, Mr. Putnam, Mr. Mack, 
Ms. Harris, Mr. Feeney, Mr. Fitzpatrick of Pennsylvania, Mr. Bishop of 
Georgia, Mr. Paul, Mr. Jindal, and Mrs. Kelly) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
To expedite payments of certain Federal emergency assistance authorized 
   pursuant to the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act, and to direct the Secretary of Homeland Security to 
          exercise certain authority provided under such Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disaster Recovery Act of 2005''.

SEC. 2. EXPEDITED PAYMENTS OF FEDERAL ASSISTANCE FOR DEBRIS REMOVAL AND 
              EMERGENCY PROTECTIVE MEASURES.

    (a) Expedited Payments Authorized.--Notwithstanding the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) or any regulation issued pursuant to such Act, the Secretary 
of Homeland Security, acting through the Director of the Federal 
Emergency Management Agency, shall pay to an eligible applicant, in 
accordance with subsection (b), 50 percent of the Federal share of 
assistance that the applicant is eligible to receive under section 
403(b), 407(d), or 503 of such Act (42 U.S.C. 5170b(b), 5173(d), 5193).
    (b) Date of Payment.--A claim described in subsection (a) shall be 
paid not later than 60 days after the date on which such applicant 
files an eligible claim for assistance.
    (c) Definitions.--For purposes of this section:
            (1) Eligible applicant.--The term ``eligible applicant'' 
        means the following:
                    (A) A State government.
                    (B) A local government.
                    (C) A private non-profit organization or 
                institution that owns or operates any private nonprofit 
                educational, utility, emergency, medical, or custodial 
                care facility, including a facility for the aged or 
                disabled, or any other facility providing essential 
                governmental services to the general public, and such 
                facilities on Indian reservations.
                    (D) An Indian tribe or authorized tribal 
                organization, or an Alaska Native village or 
                organization, but not Alaska Native Corporations, the 
                ownership of which is vested in a private individual.
            (2) Eligible claim for assistance.--The term ``eligible 
        claim for assistance'' means the following:
                    (A) Debris removal.--A claim for the clearance, 
                removal, or disposal of debris such as trees, sand, 
                gravel, building components, wreckage, vehicles, and 
                personal property, if such debris is the result of an 
                emergency or major disaster and such clearance, 
                removal, or disposal is necessary for any of the 
                following:
                            (i) To eliminate an immediate threat, as 
                        determined by the Secretary of Homeland 
                        Security, to human life, public health, or 
                        safety.
                            (ii) To eliminate an immediate threat, as 
                        determined by the Secretary, of significant 
                        damage to public or private property.
                            (iii) To ensure the economic recovery of 
                        the community affected by the emergency or 
                        major disaster to the benefit of such community 
                        and any other community, as determined by the 
                        Secretary.
                            (iv) To ensure the provision of temporary 
                        public transportation service in the community 
                        affected by the emergency or major disaster 
                        pursuant to section 419 of the Robert T. 
                        Stafford Disaster and Emergency Assistance Act 
                        (42 U.S.C. 5186).
                    (B) Emergency protective measures.--An action taken 
                by an applicant before, during, or after an emergency 
                or major disaster that is necessary for any of the 
                following:
                            (i) To eliminate or reduce an immediate 
                        threat, as determined by the Secretary of 
                        Homeland Security, to human life, public 
                        health, or safety.
                            (ii) To eliminate or reduce an immediate 
                        hazard, as determined by the Secretary, that 
                        threatens significant damage to public or 
                        private property.
                    (C) Other claims.--Any other claim that the 
                Secretary of Homeland Security determines to be 
                appropriate.
            (3) Emergency.--The term ``emergency'' has the meaning 
        provided by section 102(1) of the Robert T. Stafford Disaster 
        and Emergency Assistance Act (42 U.S.C. 5122(1)).
            (4) Major disaster.--The term ``major disaster'' has the 
        meaning provided by section 102(2) of the Robert T. Stafford 
        Disaster and Emergency Assistance Act (42 U.S.C. 5122(2)).

SEC. 3. REQUIREMENT TO ENSURE DEBRIS CLEARANCE, REMOVAL, AND DISPOSAL 
              FROM EMERGENCY ACCESS ROADS.

    (a) Requirement.--Any reimbursement authorized under section 407 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5173) for clearing and removing debris shall include 
reimbursement for clearing, removing, and disposing of debris from any 
emergency access road.
    (b) Emergency Access Road Defined.--For purposes of subsection (a), 
the term ``emergency access road'' means a road that requires access by 
emergency personnel, including firefighters, police, emergency medical 
personnel, or any other entity identified by the Secretary of Homeland 
Security that provides an emergency service after a declaration of an 
emergency or major disaster (as defined in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122)).

SEC. 4. INCLUSION OF DEBRIS REMOVAL FROM PRIVATE LAND AS ELIGIBLE CLAIM 
              FOR FEDERAL ASSISTANCE.

    Section 408(c)(2)(A) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)(2)(A)) is amended--
            (1) at the end of clause (i), by striking ``and'';
            (2) at the end of clause (ii), by striking the period and 
        inserting ``; and''; and
            (3) by inserting after clause (ii) the following new 
        clause:
                            ``(iii) the removal, clearance, and 
                        disposal of debris from private property that 
                        is the result of an emergency or major 
                        disaster.''.
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