[Congressional Record Volume 151, Number 139 (Thursday, October 27, 2005)]
[Senate]
[Pages S12024-S12026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEBRIS REMOVAL ACT OF 2005
Mr. MARTINEZ. Mr. President, I ask unanimous consent to proceed to
immediate consideration of S. 939.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (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.
There being no objection, the Senate proceeded to consider the bill
to which had been reported from the Committee on Homeland Security and
Governmental Affairs, with amendments.
[Strike the parts shown in black brackets and insert the parts shown
in italic.]
S. 939
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 Act of
2005''.
[SEC. 2. EXPEDITED PAYMENTS OF FEDERAL ASSISTANCE FOR DEBRIS
REMOVAL AND EMERGENCY PROTECTIVE MEASURES.
[(a) Definitions.--In this section:
[(1) Eligible applicant.--The term ``eligible applicant''
means--
[(A) a State government;
[(B) a local government;.
[(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
[(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.
[(2) Eligible claim for assistance.--The term ``eligible
claim for assistance'' means--
[(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--
[(i) to eliminate an immediate threat, as determined by the
Secretary of Homeland Security, to human life, public health,
or safety;
[(ii) to eliminate an immediate threat, as determined by
the Secretary, of significant damage to public or private
property;
[(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
[(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);
[(B) an action taken by an applicant before, during, or
after an emergency or major disaster that is necessary--
[(i) to eliminate or reduce an immediate threat, as
determined by the Secretary of Homeland Security, to human
life, public health, or safety; or
[(ii) to eliminate or reduce an immediate hazard, as
determined by the Secretary, that threatens significant
damage to public or private property; or
[(C) any other claim that the Secretary of Homeland
Security determines to be appropriate.
[(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).
[(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).
[(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).
[(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.
[SEC. 3. REQUIREMENT TO ENSURE 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) 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.
[SEC. 4. INCLUSION OF DEBRIS REMOVAL FROM PRIVATE LAND 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, clearance, and disposal of debris
from private property that is the result of an emergency or
major disaster.''.
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.
Mr. MARTINEZ. Mr. President, I ask unanimous consent that the
amendment at the desk be agreed to, the committee-reported amendment,
as amended, be agreed to, the bill, as amended, be read a third time
and passed, the title amendment be agreed to, the motions to reconsider
be laid upon the table, and any statements relating to the bill be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page S12025]]
The amendment (No. 2340) was agreed to, as follows:
Strike all after the enacting clause and insert the
following:
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. COST SHARE.
For a period of not less than 180 days after the date of
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)) during the period
beginning on August 25, 2005 through December 31, 2005, the
Federal share of assistance provided to eligible applicants
for debris removal under section 407 of that Act (42 U.S.C.
5173) shall be 100 percent.
SEC. 6. GUIDELINES FOR REIMBURSEMENT.
In light of concerns regarding inconsistent policy
memoranda and guidelines issued to counties and communities
affected by the 2004 hurricane season, the Secretary of
Homeland Security, acting through the Under Secretary for
Emergency Preparedness and Response, shall provide clear,
concise, and uniform guidelines for the reimbursement to any
county or government entity affected by a hurricane of the
costs of hurricane debris removal.
SEC. 7. 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.
The committee amendment in the nature of a substitute, as amended,
was agreed to. The amendment (No. 2341) was agreed to, as follows:
Amend the title so as to read: ``To expedite payments of
certain Federal emergency assistance authorized pursuant to
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, to authorize the reimbursement under that Act
of certain expenditures, and for other purposes.''.
The bill (S. 939), as amended, was read the third time and passed.
Mr. LOTT. Mr. President, I know that the distinguished chairman and
the ranking member want to move forward on this legislation. I do not
want to delay their proceedings, but I will take just a moment. I will
take advantage of the opportunity to put a statement in the Record.
I think it is important that we acknowledge the importance of this
relatively small bill as we try to recover from the hurricanes we are
dealing with.
I think we must give credit to the chairman of the Governmental
Affairs and Homeland Security Committee, Senator Collins from Maine,
the ranking member, Senator Lieberman from Connecticut, to the
leadership of the distinguished Senator from Florida, and Senator
Martinez, who knows full well the things we are dealing with in the
recovery from these disasters. His own State has been hit once again.
Mother Nature can be a very devastating vixen when you don't anticipate
the kind of damage you wind up with.
Also, I thank the Democrats and their leadership for helping clear
this legislation.
I thank and acknowledge Senator Vitter's and Senator Landrieu's
involvement in all these efforts.
It is hard to get anything done in the Senate these days. It is the
way our body functions. And we all question everything, legitimately.
But we got it done.
I would like to give credit to both sides and to all of those
involved.
This just has four or five important things. They are important.
People are hurting, and this will help us get through this recovery
period.
Thank you very much for allowing me this moment to comment.
S. 939
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 ``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. COST SHARE.
For a period of not less than 180 days after the date of
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)) during the period
beginning on August 25, 2005 through December 31, 2005, the
Federal share of assistance provided to eligible applicants
for debris removal under section 407 of that Act (42 U.S.C.
5173) shall be 100 percent.
SEC. 6. GUIDELINES FOR REIMBURSEMENT.
In light of concerns regarding inconsistent policy
memoranda and guidelines issued to counties and communities
affected by the 2004 hurricane season, the Secretary of
Homeland Security, acting through the Under Secretary for
Emergency Preparedness and Response, shall provide clear,
concise, and uniform guidelines for the reimbursement to any
county or government entity affected by a hurricane of the
costs of hurricane debris removal.
[[Page S12026]]
SEC. 7. 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.
____________________