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







109th CONGRESS
  1st Session
                                 S. 939

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 that Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2005

  Mr. Martinez (for himself and Mr. Nelson of Florida) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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 that 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) Definitions.--In this section:
            (1) Eligible applicant.--The term ``eligible applicant'' 
        means--
                    (A) a State government;
                    (B) a local government;.
                    (C) a private nonprofit 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; and
                    (D) an Indian tribe or authorized tribal 
                organization, or an Alaska Native village or 
                organization (other than an Alaska Native Corporation), 
                the ownership of which is vested in a private 
                individual.
            (2) Eligible claim for assistance.--The term ``eligible 
        claim for assistance'' means--
                    (A) a claim for the clearance, removal, or disposal 
                of debris (such as trees, sand, gravel, building 
                components, wreckage, vehicles, and personal property), 
                if the debris is the result of an emergency or major 
                disaster and the clearance, removal, or disposal is 
                necessary--
                            (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 the community 
                        and any other community, as determined by the 
                        Secretary; or
                            (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) an action taken by an applicant before, during, 
                or after an emergency or major disaster that is 
                necessary--
                            (i) to eliminate or reduce an immediate 
                        threat, as determined by the Secretary of 
                        Homeland Security, to human life, public 
                        health, or safety; or
                            (ii) to eliminate or reduce an immediate 
                        hazard, as determined by the Secretary, that 
                        threatens significant damage to public or 
                        private property; or
                    (C) any other claim that the Secretary of Homeland 
                Security determines to be appropriate.
            (3) Emergency.--The term ``emergency'' has the meaning 
        given the term in section 102 of the Robert T. Stafford 
        Disaster and Emergency Assistance Act (42 U.S.C. 5122).
            (4) Major disaster.--The term ``major disaster'' has the 
        meaning given the term in section 102 of the Robert T. Stafford 
        Disaster and Emergency Assistance Act (42 U.S.C. 5122).
    (b) 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 (c), 50 percent of the Federal 
share of assistance that the applicant is eligible to receive under 
section 403(b), 407(d), or 503 of that Act (42 U.S.C. 5170b(b), 
5173(d), 5193).
    (c) Date of Payment.--A claim described in subsection (b) shall be 
paid not later than 60 days after the date on which the applicant files 
an eligible claim for assistance.

SEC. 3. REQUIREMENT TO ENSURE 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) 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.

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) 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, clearance, and 
                        disposal of debris from private property that 
                        is the result of an emergency or major 
                        disaster.''.
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