[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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Hurricanes Katrina and Rita
Recovery Facilitation Act of 2007''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act, the following definitions apply:</DELETED>
<DELETED> (1) Covered hurricane damages.--The term ``covered
hurricane damages'' means damages suffered in the States of
Louisiana and Mississippi as a result of Hurricanes Katrina and
Rita.</DELETED>
<DELETED> (2) President.--The term ``President'' means the
President acting through the Administrator of the Federal
Emergency Management Agency.</DELETED>
<DELETED> (3) Stafford act.--The term ``Stafford Act'' means
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.).</DELETED>
<DELETED>SEC. 3. SPECIAL RULES FOR COVERED HURRICANE DAMAGES.</DELETED>
<DELETED> (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 specified in paragraphs (1)(A)
and (2)(A) of such section.</DELETED>
<DELETED> (b) Participation in Pilot Projects.--The States of
Louisiana and Mississippi and local governments in such States shall be
eligible to participate in the pilot program established by section
689j of the Department of Homeland Security Appropriations Act, 2007 (6
U.S.C. 777) with respect to covered hurricane damages.</DELETED>
<DELETED> (c) Alternative Dispute Resolution Procedures.--</DELETED>
<DELETED> (1) In general.--Notwithstanding section 423 of
the Stafford Act (42 U.S.C. 5189a) or any regulation, the
President is authorized and encouraged to use alternative
dispute resolution procedures for appeals of decisions made
under sections 403, 406, and 407 of the Stafford Act (42 U.S.C.
5179b, 5172, and 5173) 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.</DELETED>
<DELETED> (2) Denials of requests.--</DELETED>
<DELETED> (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 pursuant to 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.</DELETED>
<DELETED> (B) Quarterly 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 a quarterly 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.</DELETED>
<DELETED> (3) Applicability.--Paragraph (1) shall apply to
an appeal made by a State, local government, or owner or
operator of a private facility within 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.</DELETED>
<DELETED> (4) Report to congress.--Not later than one 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 pursuant to 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.</DELETED>
<DELETED> (d) Essential Assistance.--In providing assistance under
section 403 of the Stafford Act for covered hurricane damages, the
President may provide assistance for the re-interment of human remains
at a privately-owned or private nonprofit cemetery.</DELETED>
<DELETED> (e) Use of Simplified Procedures.--For covered hurricane
damages, the President may use, if requested by a State or local
government or the owner or operator of a private nonprofit facility,
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.</DELETED>
<DELETED> (f) Use of Temporary Housing Units To Provide Housing to
Volunteers.--</DELETED>
<DELETED> (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 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Contributions for Public Facilities Used to Host
Public Events.--</DELETED>
<DELETED> (1) In general.--Notwithstanding sections 403 and
406 of the Stafford Act (42 U.S.C. 5170b and 5172), the
President may make contributions to the State of Louisiana
for--</DELETED>
<DELETED> (A) costs incurred for the repair or
restoration of a public facility used to host public
events if the facility was damaged as a result of use
in conducting response activities for Hurricane Katrina
or Rita;</DELETED>
<DELETED> (B) costs incurred because response
activities for Hurricane Katrina or Rita precluded the
normal use of a public facility used to host public
events;</DELETED>
<DELETED> (C) costs incurred for necessary materials
provided to evacuees of Hurricane Katrina or Rita in a
public facility used to host public events;
and</DELETED>
<DELETED> (D) the reasonable costs of renting or
leasing a public facility used to host public events
that was used for conducting response activities for
Hurricane Katrina or Rita.</DELETED>
<DELETED> (2) Limitations.--</DELETED>
<DELETED> (A) Contributions for repair and
restoration costs.--Contributions made under paragraph
(1)(A) shall be limited to repair and restoration costs
associated with damages described in paragraph (1)(A)
that occurred--</DELETED>
<DELETED> (i) in the case of damages related
to Hurricane Katrina, on or before October 27,
2005; and</DELETED>
<DELETED> (ii) in the case of damages
related to Hurricane Rita, on or before
November 23, 2005.</DELETED>
<DELETED> (B) Contributions for costs incurred for
cancelled events.--</DELETED>
<DELETED> (i) Event requirements.--
Contributions made under paragraph (1)(B) shall
be limited to costs that are documented for an
event--</DELETED>
<DELETED> (I) for which there was a
binding commitment for use of the
facility in effect prior to August 29,
2005; and</DELETED>
<DELETED> (II) that was scheduled to
be held on or before December 31, 2005,
at the facility.</DELETED>
<DELETED> (ii) Lost revenues.--Contributions
under paragraph (1)(B) shall not be made for
any lost revenues.</DELETED>
<DELETED> (C) Contributions for reasonable costs of
renting or leasing.--Contributions made under paragraph
(1)(D) shall be limited to the reasonable costs of
renting or leasing the facility during the period
beginning on August 29, 2005, and ending on January 6,
2006.</DELETED>
<DELETED> (3) Costs recoverable from other sources.--Costs
that may be recovered by the State of Louisiana from any other
program or from insurance or another source shall not be
eligible for assistance under this subsection.</DELETED>
<DELETED> (4) Limitation on statutory construction.--Nothing
in this section shall be construed to affect eligibility for
assistance under section 403 or 406 of the Stafford Act (42
U.S.C. 5170b or 5172), except to the extent that such
assistance would result in a duplication of benefits.</DELETED>
<DELETED> (5) Federal share.--The Federal share of
assistance under this subsection shall be 100 percent of the
eligible costs.</DELETED>
<DELETED> (6) Funding.--Amounts appropriated to carry out
sections 403 and 406 of the Stafford Act (42 U.S.C. 5170b and
5172) shall be available to carry out this section, including
amounts appropriated before the date of enactment of this
Act.</DELETED>
<DELETED> (h) 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 Government Affairs of the
Senate a report regarding the status of recovery for the States of
Louisiana and Mississippi from Hurricanes Katrina and Rita.</DELETED>
<DELETED> (i) Hazard Mitigation Projects.--</DELETED>
<DELETED> (1) In general.--A project for covered hurricane
damages initiated by the State of Louisiana or Mississippi in
the period beginning on August 29, 2005, and ending on the date
of enactment of this Act may contribute toward the non-Federal
share of assistance under section 404 of the Stafford Act (42
U.S.C. 5170c) if the project--</DELETED>
<DELETED> (A) complies with all applicable Federal
laws governing assistance under such section,
and</DELETED>
<DELETED> (B) otherwise is eligible to contribute to
the non-Federal share of assistance under such
section,</DELETED>
<DELETED>notwithstanding any requirement for approval of the
eligibility and compliance of a project by the President prior
to the initiation of the project contributing toward the non-
Federal share.</DELETED>
<DELETED> (2) Applications.--The States of Louisiana and
Mississippi may submit an application to the President under
section 404 of the Stafford Act with respect to any project
described in paragraph (1).</DELETED>
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