[Congressional Record Volume 155, Number 121 (Wednesday, August 5, 2009)]
[Senate]
[Pages S8888-S8889]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    FEMA ACCOUNTABILITY ACT OF 2009

  Mr. WARNER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 69, S. 713.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 713) 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; as follows:

  (The part of the bill intended to be stricken is shown in boldface 
brackets and the part of the bill intended to be inserted is shown in 
italic.)

                                 S. 713

       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 2009''.
       (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. TRANSFER, STORAGE, SALE, 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) transferring, selling, 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 transfer, 
     distribution, sale, or other disposal of [the unused 
     temporary housing units purchased by FEMA.] temporary housing 
     units under this section.

  Mr. WARNER. Mr. President, I ask unanimous consent that the 
committee-reported amendment 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 Committee amendment was agreed to.

       The bill (S. 713), as amended, was ordered to be engrossed 
     for a third reading, was read the third time, and passed, as 
     follows:

                                 S. 713

       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 2009''.
       (b) Definitions.--In this Act--
       (1) the term ``Administrator'' means the Administrator of 
     FEMA;

[[Page S8889]]

       (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. TRANSFER, STORAGE, SALE, 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) transferring, selling, 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 transfer, 
     distribution, sale, or other disposal of temporary housing 
     units under this section.

                          ____________________