Disaster Recovery Act of 2005

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1870 Introduced in House (IH)]

109th CONGRESS
1st Session
H. R. 1870

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 such Act.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 27, 2005

Mr. Foley (for himself, Mr. Miller of Florida, Mr. Putnam, Mr. Mack,
Ms. Harris, Mr. Feeney, Mr. Fitzpatrick of Pennsylvania, Mr. Bishop of
Georgia, Mr. Paul, Mr. Jindal, and Mrs. Kelly) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure

_______________________________________________________________________

A BILL

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 such Act.

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) Expedited Payments Authorized.--Notwithstanding the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) or any regulation issued pursuant to such 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
403(b), 407(d), or 503 of such Act (42 U.S.C. 5170b(b), 5173(d), 5193).
(b) Date of Payment.--A claim described in subsection (a) shall be
paid not later than 60 days after the date on which such applicant
files an eligible claim for assistance.
(c) Definitions.--For purposes of this section:
(1) Eligible applicant.--The term ``eligible applicant''
means the following:
(A) A State government.
(B) A local government.
(C) A private non-profit 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.
(D) An Indian tribe or authorized tribal
organization, or an Alaska Native village or
organization, but not Alaska Native Corporations, the
ownership of which is vested in a private individual.
(2) Eligible claim for assistance.--The term ``eligible
claim for assistance'' means the following:
(A) Debris removal.--A claim for the clearance,
removal, or disposal of debris such as trees, sand,
gravel, building components, wreckage, vehicles, and
personal property, if such debris is the result of an
emergency or major disaster and such clearance,
removal, or disposal is necessary for any of the
following:
(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 such community
and any other community, as determined by the
Secretary.
(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) Emergency protective measures.--An action taken
by an applicant before, during, or after an emergency
or major disaster that is necessary for any of the
following:
(i) To eliminate or reduce an immediate
threat, as determined by the Secretary of
Homeland Security, to human life, public
health, or safety.
(ii) To eliminate or reduce an immediate
hazard, as determined by the Secretary, that
threatens significant damage to public or
private property.
(C) Other claims.--Any other claim that the
Secretary of Homeland Security determines to be
appropriate.
(3) Emergency.--The term ``emergency'' has the meaning
provided by section 102(1) of the Robert T. Stafford Disaster
and Emergency Assistance Act (42 U.S.C. 5122(1)).
(4) Major disaster.--The term ``major disaster'' has the
meaning provided by section 102(2) of the Robert T. Stafford
Disaster and Emergency Assistance Act (42 U.S.C. 5122(2)).

SEC. 3. REQUIREMENT TO ENSURE DEBRIS CLEARANCE, REMOVAL, AND DISPOSAL
FROM EMERGENCY ACCESS ROADS.

(a) 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.
(b) Emergency Access Road Defined.--For purposes of subsection (a),
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)).

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) at the end of clause (i), by striking ``and'';
(2) at the end of clause (ii), by striking the period and
inserting ``; and''; and
(3) by inserting after clause (ii) the following new
clause:
``(iii) the removal, clearance, and
disposal of debris from private property that
is the result of an emergency or major
disaster.''.
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