[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.

                          ____________________