[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3453 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3453

     To amend the Robert T. Stafford Disaster Relief and Emergency 
    Assistance Act to make improvements in the provision of Federal 
              disaster assistance, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2009

 Mr. Scalise (for himself and Mr. Cao) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
    Assistance Act to make improvements in the provision of Federal 
              disaster assistance, 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 ``Disaster Recovery Improvement Act''.

SEC. 2. ADDITIONAL MITIGATION ASSISTANCE.

    Section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the 
following:
    ``(d) Additional Mitigation Assistance.--
            ``(1) In general.--If, at the time of a declaration of a 
        major disaster, the affected State has in effect and is 
        actively enforcing throughout the State an approved State 
        building code, the President may increase the maximum total of 
        contributions under this section for the major disaster, as 
        specified in subsection (a), by an amount equal to 5 percent of 
        the estimated aggregate amount of grants to be made (less any 
        associated administrative costs) under this Act with respect to 
        the major disaster.
            ``(2) Submission.--To be eligible for an increased Federal 
        share under paragraph (1), a State, at least once every 4 
        years, shall submit its State building code to the President 
        for approval.
            ``(3) Approval.--The President shall approve a State 
        building code submitted under paragraph (2) if the President 
        determines that the building code--
                    ``(A) is consistent with the most recent version of 
                a nationally recognized model building code;
                    ``(B) has been adopted by the State within 4 years 
                of the most recent version of the nationally recognized 
                model building code; and
                    ``(C) uses the nationally recognized model building 
                code as a minimum standard.
            ``(4) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Actively enforcing.--The term `actively 
                enforcing' means effective jurisdictional execution of 
                all phases of a State building code in the process of 
                examination and approval of construction plans, 
                specifications, and technical data and the inspection 
                of new construction or renovation.
                    ``(B) Nationally recognized model building code.--
                The term `nationally recognized model building code' 
                means a building code for residential and commercial 
                construction and construction materials that--
                            ``(i) has been developed and published by a 
                        code organization in an open consensus type 
                        forum with input from national experts; and
                            ``(ii) is based on national structural 
                        design standards that establish minimum 
                        acceptable criteria for the design, 
                        construction, and maintenance of residential 
                        and commercial buildings for the purpose of 
                        protecting the health, safety, and general 
                        welfare of the building's users against natural 
                        disasters.
                    ``(C) State building code.--The term `State 
                building code' means requirements and associated 
                standards for residential and commercial construction 
                and construction materials that are implemented on a 
                statewide basis by ordinance, resolution, law, housing 
                or building code, or zoning ordinance. At a minimum, 
                such requirements and associated standards shall 
                apply--
                            ``(i) to construction-related activities of 
                        residential building contractors applicable to 
                        single-family and two-family residential 
                        structures; and
                            ``(ii) to construction-related activities 
                        of engineers, architects, designers, and 
                        commercial building contractors applicable to 
                        the structural safety, design, and construction 
                        of commercial, industrial, and multifamily 
                        structures.
            ``(5) Regulations.--Not later than 180 days after the date 
        of enactment of this subsection, the President, acting through 
        the Administrator of the Federal Emergency Management Agency, 
        shall issue such regulations as may be necessary to carry out 
        this subsection.''.

SEC. 3. EXPEDITED PAYMENTS.

    Section 406 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5172) is amended by adding at the end the 
following:
    ``(f) Expedited Payments.--
            ``(1) Grant assistance.--In making a contribution under 
        subsection (a)(1), the President shall provide not less than 50 
        percent of the President's initial estimate of the Federal 
        share of assistance as an initial payment in accordance with 
        paragraph (2).
            ``(2) Date of payment.--Not later than 60 days after the 
        date of the estimate described in paragraph (1), and not later 
        than 90 days after the date on which the State or local 
        government or owner or operator of a private nonprofit facility 
        applies for assistance under this section, the initial payment 
        described in paragraph (1) shall be paid.''.

SEC. 4. DEBRIS REMOVAL.

    (a) Debris Management Plans.--Section 407(d) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5173(d)) is amended by adding at the end the following: ``The Federal 
share shall be increased by 5 percent for States and local governments 
that (1) have a debris management plan approved by the Administrator; 
and (2) have prequalified 2 or more debris and wreckage removal 
contractors before the date of declaration of the major disaster. To 
qualify for the increased Federal share under the preceding sentence, a 
debris management plan shall be resubmitted to the Administrator for 
approval every 4 years.''.
    (b) Financial Incentives for Debris Recycling.--Section 407 such 
Act (42 U.S.C. 5173) is amended by adding at the end the following:
    ``(f) Debris Recycling.--
            ``(1) In general.--A grant recipient under subsection 
        (a)(2) may use funds from the grant for the costs of recycling 
        debris and wreckage resulting from a major disaster, including 
        the sorting of such materials.
            ``(2) Value of salvaged material.--
                    ``(A) Retention of financial benefits.--A grant 
                recipient under subsection (a)(2) may retain any 
                financial benefit received from the salvage of recycled 
                debris or wreckage.
                    ``(B) Treatment of financial benefits.--Any such 
                financial benefit shall not be considered to be program 
                income for purposes of section 13.25 of title 44, Code 
                of Federal Regulations (or any successor regulation).
                    ``(C) Contracts.--Any arrangement between a grant 
                recipient under subsection (a)(2) and a contractor in 
                which the contractor will retain possession of 
                recyclable materials shall be reflected in the 
                contractor's bid price.
            ``(3) Reporting.--
                    ``(A) Recipients that recycle debris.--A grant 
                recipient under subsection (a)(2) that recycles debris 
                or wreckage during disaster operations shall submit to 
                the Administrator of the Federal Emergency Management 
                Agency a written description of what the recipient did 
                to recycle the debris or wreckage, the volume of the 
                debris or wreckage that was recycled, and the monetary 
                or nonmonetary benefits received, if any.
                    ``(B) Recipients that do not recycle debris.--A 
                grant recipient under subsection (a)(2) that chooses 
                not to recycle debris or wreckage during disaster 
                operations shall submit to the Administrator a written 
                statement describing why this option was not used.''.

SEC. 5. APPEALS PROCESS.

    (a) Timing.--Section 423(b) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5189a(b)) is amended by 
striking ``90 days'' and inserting ``60 days''.
    (b) Regulations.--The Administrator shall issue rules regarding the 
information that must be provided to an applicant in the event that a 
project worksheet is denied. The required information shall include, at 
a minimum--
            (1) all reasons for which the project worksheet was denied;
            (2) the specific items, if any, in the project worksheet 
        that are disputed; and
            (3) a description of any additional information the 
        applicant needs to provide.

SEC. 6. 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 180 
days 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.

SEC. 7. HOUSEHOLD PETS AND SERVICE ANIMALS.

    Section 502(a) of Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5192(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) provide assistance for rescue, care, shelter, and 
        essential needs--
                    ``(A) to individuals with household pets and 
                service animals; and
                    ``(B) to such pets and animals.''.
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