[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2382 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                    September 29, 2008.
    Resolved, That the bill from the Senate (S. 2382) entitled ``An Act 
to require the Administrator of the Federal Emergency Management Agency 
to quickly and fairly address the abundance of surplus manufactured 
housing units stored by the Federal Government around the country at 
taxpayer expense.'', do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. STORAGE, SALE, TRANSFER, AND DISPOSAL OF HOUSING UNITS.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of FEMA.
            (2) Emergency; major disaster.--The terms ``emergency'' and 
        ``major disaster'' have the meanings given such terms in 
        section 102 of the Stafford Act (42 U.S.C. 5122).
            (3) FEMA.--The term ``FEMA'' means the Federal Emergency 
        Management Agency.
            (4) Hazard.--The term ``hazard'' has the meaning given such 
        term in section 602 of the Stafford Act (42 U.S.C. 5195a).
            (5) Usable condition.--The term ``usable condition'' means, 
        with respect to a temporary housing unit, a temporary housing 
        unit that provides a safe and sanitary living condition.
            (6) Stafford act.--The term ``Stafford Act'' means the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.).
    (b) Needs Assessment; Establishment of Criteria.--Not later than 3 
months after the date of enactment of this Act, the Administrator 
shall--
            (1) complete an assessment to determine the number of 
        temporary housing units purchased by FEMA that FEMA needs to 
        maintain in stock to respond appropriately to emergencies or 
        major disasters occurring after the date of enactment of this 
        Act; and
            (2) establish criteria for determining whether the 
        individual temporary housing units stored by FEMA are in usable 
        condition.
    (c) Plan.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Administrator shall establish a plan 
        for--
                    (A) storing the number of temporary housing units 
                that the Administrator has determined under subsection 
                (b)(1) that FEMA needs to maintain in stock;
                    (B) selling, transferring, donating, or otherwise 
                disposing of the temporary housing units in the 
                inventory of FEMA, as of the date of enactment of this 
                Act, that--
                            (i) are in excess of the number of 
                        temporary housing units that the Administrator 
                        has determined under subsection (b)(1) that 
                        FEMA needs to maintain in stock; and
                            (ii) are in usable condition, based on the 
                        criteria established under subsection (b)(2); 
                        and
                    (C) disposing of the temporary housing units in the 
                inventory of FEMA that the Administrator determines are 
                not in usable condition, based on the criteria 
                established under subsection (b)(2).
            (2) Implementation.--Not later than 9 months after the date 
        of enactment of this Act, the Administrator shall implement the 
        plan established under paragraph (1).
    (d) Applicability of Disposal Requirements.--
            (1) In general.--Any sale, transfer, donation, or disposal 
        of a temporary housing unit under the plan established under 
        subsection (c)(1) shall be subject to the requirements of 
        section 408(d)(2) of the Stafford Act (42 U.S.C. 5174(d)(2)) 
        and other applicable provisions of law.
            (2) Exception.--Notwithstanding paragraph (1), the 
        Administrator may sell, transfer, donate, or otherwise make 
        available temporary housing units in usable condition in the 
        inventory of FEMA, as of the date of enactment of this Act, to 
        States, other governmental entities, and voluntary 
        organizations for the purpose of providing temporary housing to 
        victims of incidents caused by hazards that do not result in a 
        declaration of a major disaster or emergency by the President, 
        if the Governor of the affected State certifies that there is 
        an urgent need for the temporary housing units and that the 
        State is unable to provide the temporary housing units in a 
        timely manner.
            (3) Limitation on statutory construction.--Nothing in this 
        section shall be construed to affect section 689k of the Post-
        Katrina Emergency Management Reform Act of 2006 (120 Stat. 
        1456). For purposes of that section, a disposal of a temporary 
        housing unit under subsection (d)(2) shall be treated as a 
        disposal to house individuals or households under section 408 
        of the Stafford Act (42 U.S.C. 5174).
    (e) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator 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 on the status of the distribution, sale, transfer, donation, 
or other disposal of the unused temporary housing units purchased by 
FEMA.

SEC. 2. SPECIAL RULES FOR COVERED HURRICANE DAMAGES.

    (a) Definitions.--In this section, 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.).
    (b) 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.
    (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) 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.
    (e) 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.

SEC. 3. CASE MANAGEMENT.

    The President may provide services or assistance under section 426 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5189d) for victims of any major disaster relating to 
Hurricane Katrina or Hurricane Rita.

SEC. 4. INDIVIDUAL ASSISTANCE FACTORS.

    In order to provide more objective criteria for evaluating the need 
for assistance to individuals and to speed a declaration of a major 
disaster or emergency under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), not later than one 
year after the date of enactment of this Act, the Administrator of the 
Federal Emergency Management Agency, in cooperation with 
representatives of State and local emergency management agencies, shall 
review, update, and revise through rulemaking the factors considered 
under section 206.48 of title 44, Code of Federal Regulations, to 
measure the severity, magnitude, and impact of a disaster.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                                S. 2382

_______________________________________________________________________

                               AMENDMENT