[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 939 Engrossed in Senate (ES)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                 S. 939

_______________________________________________________________________

                                 AN ACT


 
To expedite payments of certain Federal emergency assistance authorized 
   pursuant to the Robert T. Stafford Disaster Relief and Emergency 
   Assistance Act, to authorize the reimbursement under that Act of 
             certain expenditures, and for other purposes.

    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 ``Debris Removal Act of 2005''.

SEC. 2. EXPEDITED PAYMENTS.

    (a) Expedited Payments Authorized.--Notwithstanding the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) (including any regulation promulgated pursuant to that 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 407 of that Act (42 U.S.C. 5173).
    (b) Date of Payment.--A claim described in subsection (a) shall be 
paid not later than 60 days after the date on which the applicant files 
an eligible claim for assistance.

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

    (a) Definition of Emergency Access Road.--In this section, 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)).
    (b) Reimbursement Authorized.--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 may 
include reimbursement for clearing, removing, and disposing of debris 
from any emergency access road.

SEC. 4. INCLUSION OF DEBRIS REMOVAL 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) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after clause (ii) the following:
                            ``(iii) the removal of debris and wreckage 
                        resulting from a major disaster from owner 
                        occupied private residential property, 
                        utilities, and residential infrastructure (such 
                        as a private access route) as necessary for a 
                        safe and sanitary living or functioning 
                        condition.''.

SEC. 5. COST SHARE.

    For a period of not less than 180 days after the date of 
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)) during the period beginning on August 25, 2005 
through December 31, 2005, the Federal share of assistance provided to 
eligible applicants for debris removal under section 407 of that Act 
(42 U.S.C. 5173) shall be 100 percent.

SEC. 6. GUIDELINES FOR REIMBURSEMENT.

    In light of concerns regarding inconsistent policy memoranda and 
guidelines issued to counties and communities affected by the 2004 
hurricane season, the Secretary of Homeland Security, acting through 
the Under Secretary for Emergency Preparedness and Response, shall 
provide clear, concise, and uniform guidelines for the reimbursement to 
any county or government entity affected by a hurricane of the costs of 
hurricane debris removal.

SEC. 7. APPLICABILITY; TERMINATION OF AUTHORITY.

    This Act and the authority provided by this Act (including by any 
amendment made by this Act) shall--
            (1) apply to each major disaster declared in accordance 
        with section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170) during calendar year 
        2005; and
            (2) terminate on the date that is 1 year after the date of 
        enactment of this Act.

            Passed the Senate October 27, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                 S. 939

_______________________________________________________________________

                                 AN ACT

To expedite payments of certain Federal emergency assistance authorized 
   pursuant to the Robert T. Stafford Disaster Relief and Emergency 
   Assistance Act, to authorize the reimbursement under that Act of 
             certain expenditures, and for other purposes.