[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3247 Reported in Senate (RS)]






                                                      Calendar No. 1031
110th CONGRESS
  2d Session
                                H. R. 3247

                          [Report No. 110-471]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 30, 2007

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

           September 18 (legislative day, September 17), 2008

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

_______________________________________________________________________

                                 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,

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

<DELETED>    This Act may be cited as the ``Hurricanes Katrina and Rita 
Recovery Facilitation Act of 2007''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act, the following definitions apply:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) President.--The term ``President'' means the 
        President acting through the Administrator of the Federal 
        Emergency Management Agency.</DELETED>
        <DELETED>    (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.).</DELETED>

<DELETED>SEC. 3. SPECIAL RULES FOR COVERED HURRICANE DAMAGES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Alternative Dispute Resolution Procedures.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Denials of requests.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Use of Temporary Housing Units To Provide Housing to 
Volunteers.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (g) Contributions for Public Facilities Used to Host 
Public Events.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) costs incurred because response 
                activities for Hurricane Katrina or Rita precluded the 
                normal use of a public facility used to host public 
                events;</DELETED>
                <DELETED>    (C) costs incurred for necessary materials 
                provided to evacuees of Hurricane Katrina or Rita in a 
                public facility used to host public events; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Limitations.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) in the case of damages related 
                        to Hurricane Katrina, on or before October 27, 
                        2005; and</DELETED>
                        <DELETED>    (ii) in the case of damages 
                        related to Hurricane Rita, on or before 
                        November 23, 2005.</DELETED>
                <DELETED>    (B) Contributions for costs incurred for 
                cancelled events.--</DELETED>
                        <DELETED>    (i) Event requirements.--
                        Contributions made under paragraph (1)(B) shall 
                        be limited to costs that are documented for an 
                        event--</DELETED>
                                <DELETED>    (I) for which there was a 
                                binding commitment for use of the 
                                facility in effect prior to August 29, 
                                2005; and</DELETED>
                                <DELETED>    (II) that was scheduled to 
                                be held on or before December 31, 2005, 
                                at the facility.</DELETED>
                        <DELETED>    (ii) Lost revenues.--Contributions 
                        under paragraph (1)(B) shall not be made for 
                        any lost revenues.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Federal share.--The Federal share of 
        assistance under this subsection shall be 100 percent of the 
        eligible costs.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (i) Hazard Mitigation Projects.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) complies with all applicable Federal 
                laws governing assistance under such section, 
                and</DELETED>
                <DELETED>    (B) otherwise is eligible to contribute to 
                the non-Federal share of assistance under such 
                section,</DELETED>
        <DELETED>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.</DELETED>
        <DELETED>    (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).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hurricanes Katrina and Rita Recovery 
Facilitation Act of 2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered hurricane damages.--The term ``covered 
        hurricane damages'' means damages suffered in the State of 
        Louisiana or the State of Mississippi as a result of Hurricane 
        Katrina of 2005 or Hurricane Rita of 2005.
            (2) Major disaster.--The term ``major disaster'' has the 
        meaning given that term in section 102 of the Stafford Act (42 
        U.S.C. 5122).
            (3) President.--The term ``President'' means the President 
        acting through the Administrator of the Federal Emergency 
        Management Agency.
            (4) 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 under paragraphs (1)(A) and (2)(A) of 
such section.
    (b) Participation in Pilot Program.--The pilot program established 
under section 689i of the Department of Homeland Security 
Appropriations Act, 2007 (6 U.S.C. 776) shall apply to any assistance 
that--
            (1) is being provided under any major disaster declaration 
        relating to Hurricane Katrina of 2005 or Hurricane Rita of 
        2005; and
            (2) otherwise qualifies for participation under such pilot 
        program.
    (c) Alternative Dispute Resolution Procedures.--
            (1) Authorization.--
                    (A) In general.--Notwithstanding section 423 of the 
                Stafford Act (42 U.S.C. 5189a) or any other provision 
                of law, the President is authorized and encouraged to 
                use alternative dispute resolution procedures for an 
                appeal described in subparagraph (B).
                    (B) Appeals.--An appeal described in this 
                subparagraph is an appeal of a decision 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 under section 403, 406, or 407 of the 
                Stafford Act (42 U.S.C. 5170b, 5172, and 5173) for a 
                project the total amount of which is more than 
                $500,000.
            (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 described in 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) Annual 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 an annual 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 not later than 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 1 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 under 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) Use of Simplified Procedures.--For covered hurricane damages, 
the President may, if requested by a State or local government or the 
owner or operator of a private nonprofit facility, use the procedures 
under 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.
    (e) 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 that 
        are determined to be safe for occupancy through appropriate 
        testing and are 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.
    (f) 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 Governmental Affairs of the 
Senate a report regarding the status of recovery for the States of 
Louisiana and Mississippi from Hurricane Katrina of 2005 and Hurricane 
Rita of 2005.

SEC. 4. PUBLIC ASSISTANCE PROGRAM.

    (a) In General.--Notwithstanding any other provision of law, and 
not later than 30 days after the date of submission of a request for a 
single payment, the President shall provide a single payment for any 
eligible costs under section 406 of the Stafford Act (42 U.S.C. 5172) 
for any type of facility described in subsection (d) of this section 
that was damaged by Hurricane Katrina of 2005 or Hurricane Rita of 
2005.
    (b) Alternate Use.--
            (1) In general.--Notwithstanding section 3, the President 
        shall not reduce the amount of assistance provided under 
        section 406(c)(1) of the Stafford Act (42 U.S.C. 5172(c)(1)) 
        for a type of facility described in subsection (d) of this 
        section that was damaged by Hurricane Katrina of 2005 or 
        Hurricane Rita of 2005.
            (2) Rule of construction.--Nothing in this subsection may 
        be construed to alter the appeals or review process relating to 
        assistance provided under section 406 of the Stafford Act (42 
        U.S.C. 5172).
    (c) Flood Assistance.--The President shall not reduce the amount of 
assistance provided to a local government under section 406(d) of the 
Stafford Act (42 U.S.C. 5172(d)) more than once for each type of 
facility described in subsection (d) of this section for which that 
local government is receiving assistance under section 406 of the 
Stafford Act relating to Hurricane Katrina of 2005 or Hurricane Rita of 
2005.
    (d) Types of Facilities.--The types of facilities described in this 
subsection are a fire station, police station, or criminal justice 
facility.

SEC. 5. CASE MANAGEMENT.

    The President may provide services or assistance under section 426 
of the Stafford Act (42 U.S.C. 5189d) for victims of any major disaster 
relating to Hurricane Katrina of 2005 or Hurricane Rita of 2005.
                                                      Calendar No. 1031

110th CONGRESS

  2d Session

                               H. R. 3247

                          [Report No. 110-471]

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

           September 18 (legislative day, September 17), 2008

                       Reported with an amendment