[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 3247 Reported in Senate (RS)]
Calendar No. 1031
110th CONGRESS
2d Session
H. R. 3247
[Report No. 110-471]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 30, 2007
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
September 18 (legislative day, September 17), 2008
Reported by Mr. Lieberman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To improve the provision of disaster assistance for Hurricanes Katrina
and Rita, and for other purposes.
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 ``Hurricanes Katrina and Rita Recovery
Facilitation Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered hurricane damages.--The term ``covered
hurricane damages'' means damages suffered in the State of
Louisiana or the State of Mississippi as a result of Hurricane
Katrina of 2005 or Hurricane Rita of 2005.
(2) Major disaster.--The term ``major disaster'' has the
meaning given that term in section 102 of the Stafford Act (42
U.S.C. 5122).
(3) President.--The term ``President'' means the President
acting through the Administrator of the Federal Emergency
Management Agency.
(4) Stafford act.--The term ``Stafford Act'' means the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.).
SEC. 3. SPECIAL RULES FOR COVERED HURRICANE DAMAGES.
(a) In Lieu Contributions.--In providing contributions under
section 406(c) of the Stafford Act (42 U.S.C. 5172(c)) for covered
hurricane damages, the President shall substitute 90 percent for the
otherwise applicable percentage under paragraphs (1)(A) and (2)(A) of
such section.
(b) Participation in Pilot Program.--The pilot program established
under section 689i of the Department of Homeland Security
Appropriations Act, 2007 (6 U.S.C. 776) shall apply to any assistance
that--
(1) is being provided under any major disaster declaration
relating to Hurricane Katrina of 2005 or Hurricane Rita of
2005; and
(2) otherwise qualifies for participation under such pilot
program.
(c) Alternative Dispute Resolution Procedures.--
(1) Authorization.--
(A) In general.--Notwithstanding section 423 of the
Stafford Act (42 U.S.C. 5189a) or any other provision
of law, the President is authorized and encouraged to
use alternative dispute resolution procedures for an
appeal described in subparagraph (B).
(B) Appeals.--An appeal described in this
subparagraph is an appeal of a decision regarding the
award or denial of assistance, or the amount of
assistance, provided to a State, local government, or
owner or operator of a private facility for covered
hurricane damages under section 403, 406, or 407 of the
Stafford Act (42 U.S.C. 5170b, 5172, and 5173) for a
project the total amount of which is more than
$500,000.
(2) Denials of requests.--
(A) Written notice.--If a State, local government,
or owner or operator of a private facility requests the
use of alternative dispute resolution procedures for an
appeal described in paragraph (1) and the President
denies the request, the President shall provide to the
State, local government, or owner or operator written
notice of the denial, including the reasons for the
denial.
(B) Annual reports.--The President shall submit to
the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the
Senate, on at least an annual basis, a report
containing information on any denial described in
subparagraph (A) made by the President during the
period covered by the report, including the reasons for
the denial.
(3) Applicability.--Paragraph (1) shall apply to an appeal
made by a State, local government, or owner or operator of a
private facility not later than 60 days after the date on which
the State, local government, or owner or operator is notified
of the decision that is the subject of the appeal.
(4) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the President shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report containing a
description of how alternative dispute resolution procedures
are being used under this subsection and recommendations on
whether the President should be given the authority to use such
procedures under the Stafford Act on a permanent basis.
(d) Use of Simplified Procedures.--For covered hurricane damages,
the President may, if requested by a State or local government or the
owner or operator of a private nonprofit facility, use the procedures
under section 422 of the Stafford Act (42 U.S.C. 5189) for a project
for which the Federal estimate of the cost is less than $100,000.
(e) Use of Temporary Housing Units To Provide Housing to
Volunteers.--
(1) In general.--In providing assistance under title IV of
the Stafford Act (42 U.S.C. 5170 et seq.) for covered hurricane
damages, the President may provide temporary housing units that
are determined to be safe for occupancy through appropriate
testing and are purchased under section 408 of the Stafford Act
(42 U.S.C. 5174) to State and local governments and appropriate
private nonprofit entities for the purpose of providing housing
to volunteers assisting in the recovery from such damages.
(2) Feasibility determination.--The President may provide
temporary housing units for the purposes described in paragraph
(1) only if the President determines that such assistance is
appropriate, cost effective, and would not unduly interfere
with the ability of the Federal Emergency Management Agency to
provide housing for individuals and households with respect to
other major disasters.
(f) Status Report.--Not later than 180 days after the date of
enactment of this Act, the President shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report regarding the status of recovery for the States of
Louisiana and Mississippi from Hurricane Katrina of 2005 and Hurricane
Rita of 2005.
SEC. 4. PUBLIC ASSISTANCE PROGRAM.
(a) In General.--Notwithstanding any other provision of law, and
not later than 30 days after the date of submission of a request for a
single payment, the President shall provide a single payment for any
eligible costs under section 406 of the Stafford Act (42 U.S.C. 5172)
for any type of facility described in subsection (d) of this section
that was damaged by Hurricane Katrina of 2005 or Hurricane Rita of
2005.
(b) Alternate Use.--
(1) In general.--Notwithstanding section 3, the President
shall not reduce the amount of assistance provided under
section 406(c)(1) of the Stafford Act (42 U.S.C. 5172(c)(1))
for a type of facility described in subsection (d) of this
section that was damaged by Hurricane Katrina of 2005 or
Hurricane Rita of 2005.
(2) Rule of construction.--Nothing in this subsection may
be construed to alter the appeals or review process relating to
assistance provided under section 406 of the Stafford Act (42
U.S.C. 5172).
(c) Flood Assistance.--The President shall not reduce the amount of
assistance provided to a local government under section 406(d) of the
Stafford Act (42 U.S.C. 5172(d)) more than once for each type of
facility described in subsection (d) of this section for which that
local government is receiving assistance under section 406 of the
Stafford Act relating to Hurricane Katrina of 2005 or Hurricane Rita of
2005.
(d) Types of Facilities.--The types of facilities described in this
subsection are a fire station, police station, or criminal justice
facility.
SEC. 5. CASE MANAGEMENT.
The President may provide services or assistance under section 426
of the Stafford Act (42 U.S.C. 5189d) for victims of any major disaster
relating to Hurricane Katrina of 2005 or Hurricane Rita of 2005.
Calendar No. 1031
110th CONGRESS
2d Session
H. R. 3247
[Report No. 110-471]
_______________________________________________________________________
AN ACT
To improve the provision of disaster assistance for Hurricanes Katrina
and Rita, and for other purposes.
_______________________________________________________________________
September 18 (legislative day, September 17), 2008
Reported with an amendment