[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9604-S9605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    FEMA ACCOUNTABILITY ACT OF 2008

  Mr. NELSON of Florida. Mr. President, I ask unanimous consent that 
the Senate proceed to the immediate consideration of Calendar No. 951, 
S. 2382.

[[Page S9605]]

  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2382) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

                                S. 2382

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; DEFINITIONS.

       (a) Short Title.--This Act may be cited as the ``FEMA 
     Accountability Act of 2008''.
       (b) Definitions.--In this Act--
       (1) the term ``Administrator'' means the Administrator of 
     FEMA;
       (2) the term ``FEMA'' means the Federal Emergency 
     Management Agency; and
       (3) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).

     SEC. 2. STORAGE, SALE, TRANSFER, AND DISPOSAL OF HOUSING 
                   UNITS.

       (a) In General.--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 major disasters 
     occurring after the date of enactment of this Act; and
       (2) establish criteria for determining whether individual 
     temporary housing units stored by FEMA are in usable 
     condition, which shall include appropriate criteria for 
     formaldehyde testing and exposure.
       (b) 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 (a)(1) that 
     FEMA needs to maintain in stock;
       (B) selling, transferring, or otherwise disposing of the 
     temporary housing units in the inventory of FEMA that--
       (i) are in excess of the number of temporary housing units 
     that the Administrator has determined under subsection (a)(1) 
     that FEMA needs to maintain in stock; and
       (ii) are in usable condition, based on the criteria 
     established under subsection (a)(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 (a)(2).
       (2) Applicability of disposal requirements.--The plan 
     established under paragraph (1) shall be subject to the 
     requirements of section 408(d)(2) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5174(d)(2)) and other applicable provisions of law.
       (c) Implementation.--Not later than 9 months after the date 
     of enactment of this Act, the Administrator shall implement 
     the plan described in subsection (b).
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the appropriate committees of the House of 
     Representatives a report on the status of the distribution, 
     sale, transfer, or other disposal of the unused temporary 
     housing units purchased by FEMA.

  Mr. NELSON of Florida. I ask unanimous consent that the Pryor 
amendment at the desk be agreed to; the committee-reported substitute, 
as amended, be agreed to; the bill, as amended, be read a third time 
and passed; the motions to reconsider be laid upon the table with no 
intervening action or debate; and that any statements related thereto 
be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5657) was agreed to, as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; DEFINITIONS.

       (a) Short Title.--This Act may be cited as the ``FEMA 
     Accountability Act of 2008''.
       (b) Definitions.--In this Act--
       (1) the term ``Administrator'' means the Administrator of 
     FEMA;
       (2) the terms ``emergency'' and ``major disaster'' have the 
     meanings given such terms in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122); and
       (3) the term ``FEMA'' means the Federal Emergency 
     Management Agency.

     SEC. 2. STORAGE, SALE, TRANSFER, AND DISPOSAL OF HOUSING 
                   UNITS.

       (a) In General.--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, which shall include appropriate criteria 
     for formaldehyde testing and exposure of the individual 
     temporary housing units.
       (b) 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 (a)(1) that 
     FEMA needs to maintain in stock;
       (B) selling, transferring, or otherwise disposing of the 
     temporary housing units in the inventory of FEMA that--
       (i) are in excess of the number of temporary housing units 
     that the Administrator has determined under subsection (a)(1) 
     that FEMA needs to maintain in stock; and
       (ii) are in usable condition, based on the criteria 
     established under subsection (a)(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 (a)(2).
       (2) Applicability of disposal requirements.--The plan 
     established under paragraph (1) shall be subject to the 
     requirements of section 408(d)(2) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5174(d)(2)) and other applicable provisions of law.
       (c) Implementation.--Not later than 9 months after the date 
     of enactment of this Act, the Administrator shall implement 
     the plan described in subsection (b).
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of the Senate and the House of 
     Representatives a report on the status of the distribution, 
     sale, transfer, or other disposal of the unused temporary 
     housing units purchased by FEMA.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 2382), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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