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


                                                       Calendar No. 225
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

                           September 27, 2005

               Reported by Ms. Collins, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Disaster Recovery Act of 
2005''.</DELETED>

<DELETED>SEC. 2. EXPEDITED PAYMENTS OF FEDERAL ASSISTANCE FOR DEBRIS 
              REMOVAL AND EMERGENCY PROTECTIVE MEASURES.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Eligible applicant.--The term ``eligible 
        applicant'' means--</DELETED>
                <DELETED>    (A) a State government;</DELETED>
                <DELETED>    (B) a local government;.</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Eligible claim for assistance.--The term 
        ``eligible claim for assistance'' means--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) to eliminate an immediate 
                        threat, as determined by the Secretary of 
                        Homeland Security, to human life, public 
                        health, or safety;</DELETED>
                        <DELETED>    (ii) to eliminate an immediate 
                        threat, as determined by the Secretary, of 
                        significant damage to public or private 
                        property;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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);</DELETED>
                <DELETED>    (B) an action taken by an applicant 
                before, during, or after an emergency or major disaster 
                that is necessary--</DELETED>
                        <DELETED>    (i) to eliminate or reduce an 
                        immediate threat, as determined by the 
                        Secretary of Homeland Security, to human life, 
                        public health, or safety; or</DELETED>
                        <DELETED>    (ii) to eliminate or reduce an 
                        immediate hazard, as determined by the 
                        Secretary, that threatens significant damage to 
                        public or private property; or</DELETED>
                <DELETED>    (C) any other claim that the Secretary of 
                Homeland Security determines to be 
                appropriate.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>

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

<DELETED>    (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)).</DELETED>
<DELETED>    (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.</DELETED>

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

<DELETED>    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--</DELETED>
        <DELETED>    (1) in clause (i), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in clause (ii), by striking the period at the 
        end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by inserting after clause (ii) the 
        following:</DELETED>
                        <DELETED>    ``(iii) the removal, clearance, 
                        and disposal of debris from private property 
                        that is the result of an emergency or major 
                        disaster.''.</DELETED>

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. 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.
                                                       Calendar No. 225

109th CONGRESS

  1st Session

                                 S. 939

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 27, 2005

                       Reported with an amendment