[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3247 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 3247

_______________________________________________________________________

                                 AN ACT


 
To improve the provision of disaster assistance for Hurricanes Katrina 
                   and Rita, 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 ``Hurricanes Katrina and Rita Recovery 
Facilitation Act of 2007''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Covered hurricane damages.--The term ``covered 
        hurricane damages'' means damages suffered in the States of 
        Louisiana and Mississippi as a result of Hurricanes Katrina and 
        Rita.
            (2) President.--The term ``President'' means the President 
        acting through the Administrator of the Federal Emergency 
        Management Agency.
            (3) Stafford act.--The term ``Stafford Act'' means the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.).

SEC. 3. SPECIAL RULES FOR COVERED HURRICANE DAMAGES.

    (a) In Lieu Contributions.--In providing contributions under 
section 406(c) of the Stafford Act (42 U.S.C. 5172(c)) for covered 
hurricane damages, the President shall substitute 90 percent for the 
otherwise applicable percentage specified in paragraphs (1)(A) and 
(2)(A) of such section.
    (b) Participation in Pilot Projects.--The States of Louisiana and 
Mississippi and local governments in such States shall be eligible to 
participate in the pilot program established by section 689j of the 
Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 777) 
with respect to covered hurricane damages.
    (c) Alternative Dispute Resolution Procedures.--
            (1) In general.--Notwithstanding section 423 of the 
        Stafford Act (42 U.S.C. 5189a) or any regulation, the President 
        is authorized and encouraged to use alternative dispute 
        resolution procedures for appeals of decisions made under 
        sections 403, 406, and 407 of the Stafford Act (42 U.S.C. 
        5179b, 5172, and 5173) regarding the award or denial of 
        assistance, or the amount of assistance, provided to a State, 
        local government, or owner or operator of a private facility 
        for covered hurricane damages.
            (2) Denials of requests.--
                    (A) Written notice.--If a State, local government, 
                or owner or operator of a private facility requests the 
                use of alternative dispute resolution procedures for an 
                appeal pursuant to paragraph (1) and the President 
                denies the request, the President shall provide to the 
                State, local government, or owner or operator written 
                notice of the denial, including the reasons for the 
                denial.
                    (B) Quarterly reports.--The President shall submit 
                to the Committee on Transportation and Infrastructure 
                of the House of Representatives and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate, on at least a quarterly basis, a report 
                containing information on any denial described in 
                subparagraph (A) made by the President during the 
                period covered by the report, including the reasons for 
                the denial.
            (3) Applicability.--Paragraph (1) shall apply to an appeal 
        made by a State, local government, or owner or operator of a 
        private facility within 60 days after the date on which the 
        State, local government, or owner or operator is notified of 
        the decision that is the subject of the appeal.
            (4) Report to congress.--Not later than one year after the 
        date of enactment of this Act, the President shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a report containing a 
        description of how alternative dispute resolution procedures 
        are being used pursuant to this subsection and recommendations 
        on whether the President should be given the authority to use 
        such procedures under the Stafford Act on a permanent basis.
    (d) Essential Assistance.--In providing assistance under section 
403 of the Stafford Act for covered hurricane damages, the President 
may provide assistance for the re-interment of human remains at a 
privately-owned or private nonprofit cemetery.
    (e) Use of Simplified Procedures.--For covered hurricane damages, 
the President may use, if requested by a State or local government or 
the owner or operator of a private nonprofit facility, section 422 of 
the Stafford Act (42 U.S.C. 5189) for a project for which the Federal 
estimate of the cost is less than $100,000.
    (f) Use of Temporary Housing Units To Provide Housing to 
Volunteers.--
            (1) In general.--In providing assistance under title IV of 
        the Stafford Act (42 U.S.C. 5170 et seq.) for covered hurricane 
        damages, the President may provide temporary housing units 
        purchased under section 408 of the Stafford Act (42 U.S.C. 
        5174) to State and local governments and appropriate private 
        nonprofit entities for the purpose of providing housing to 
        volunteers assisting in the recovery from such damages.
            (2) Feasibility determination.--The President may provide 
        temporary housing units for the purposes described in paragraph 
        (1) only if the President determines that such assistance is 
        appropriate, cost effective, and would not unduly interfere 
        with the ability of the Federal Emergency Management Agency to 
        provide housing for individuals and households with respect to 
        other major disasters.
    (g) Contributions for Public Facilities Used to Host Public 
Events.--
            (1) In general.--Notwithstanding sections 403 and 406 of 
        the Stafford Act (42 U.S.C. 5170b and 5172), the President may 
        make contributions to the State of Louisiana for--
                    (A) costs incurred for the repair or restoration of 
                a public facility used to host public events if the 
                facility was damaged as a result of use in conducting 
                response activities for Hurricane Katrina or Rita;
                    (B) costs incurred because response activities for 
                Hurricane Katrina or Rita precluded the normal use of a 
                public facility used to host public events;
                    (C) costs incurred for necessary materials provided 
                to evacuees of Hurricane Katrina or Rita in a public 
                facility used to host public events; and
                    (D) the reasonable costs of renting or leasing a 
                public facility used to host public events that was 
                used for conducting response activities for Hurricane 
                Katrina or Rita.
            (2) Limitations.--
                    (A) Contributions for repair and restoration 
                costs.--Contributions made under paragraph (1)(A) shall 
                be limited to repair and restoration costs associated 
                with damages described in paragraph (1)(A) that 
                occurred--
                            (i) in the case of damages related to 
                        Hurricane Katrina, on or before October 27, 
                        2005; and
                            (ii) in the case of damages related to 
                        Hurricane Rita, on or before November 23, 2005.
                    (B) Contributions for costs incurred for cancelled 
                events.--
                            (i) Event requirements.--Contributions made 
                        under paragraph (1)(B) shall be limited to 
                        costs that are documented for an event--
                                    (I) for which there was a binding 
                                commitment for use of the facility in 
                                effect prior to August 29, 2005; and
                                    (II) that was scheduled to be held 
                                on or before December 31, 2005, at the 
                                facility.
                            (ii) Lost revenues.--Contributions under 
                        paragraph (1)(B) shall not be made for any lost 
                        revenues.
                    (C) Contributions for reasonable costs of renting 
                or leasing.--Contributions made under paragraph (1)(D) 
                shall be limited to the reasonable costs of renting or 
                leasing the facility during the period beginning on 
                August 29, 2005, and ending on January 6, 2006.
            (3) Costs recoverable from other sources.--Costs that may 
        be recovered by the State of Louisiana from any other program 
        or from insurance or another source shall not be eligible for 
        assistance under this subsection.
            (4) Limitation on statutory construction.--Nothing in this 
        section shall be construed to affect eligibility for assistance 
        under section 403 or 406 of the Stafford Act (42 U.S.C. 5170b 
        or 5172), except to the extent that such assistance would 
        result in a duplication of benefits.
            (5) Federal share.--The Federal share of assistance under 
        this subsection shall be 100 percent of the eligible costs.
            (6) Funding.--Amounts appropriated to carry out sections 
        403 and 406 of the Stafford Act (42 U.S.C. 5170b and 5172) 
        shall be available to carry out this section, including amounts 
        appropriated before the date of enactment of this Act.
    (h) Status Report.--Not later than 180 days after the date of 
enactment of this Act, the President shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Government Affairs of the Senate 
a report regarding the status of recovery for the States of Louisiana 
and Mississippi from Hurricanes Katrina and Rita.
    (i) Hazard Mitigation Projects.--
            (1) In general.--A project for covered hurricane damages 
        initiated by the State of Louisiana or Mississippi in the 
        period beginning on August 29, 2005, and ending on the date of 
        enactment of this Act may contribute toward the non-Federal 
        share of assistance under section 404 of the Stafford Act (42 
        U.S.C. 5170c) if the project--
                    (A) complies with all applicable Federal laws 
                governing assistance under such section, and
                    (B) otherwise is eligible to contribute to the non-
                Federal share of assistance under such section,
        notwithstanding any requirement for approval of the eligibility 
        and compliance of a project by the President prior to the 
        initiation of the project contributing toward the non-Federal 
        share.
            (2) Applications.--The States of Louisiana and Mississippi 
        may submit an application to the President under section 404 of 
        the Stafford Act with respect to any project described in 
        paragraph (1).

            Passed the House of Representatives October 29, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 3247

_______________________________________________________________________

                                 AN ACT

To improve the provision of disaster assistance for Hurricanes Katrina 
                   and Rita, and for other purposes.