Debris Removal Act of 2005 - Requires the Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Agency (FEMA), to pay an eligible disaster relief applicant 50% of the federal share of assistance for which the applicant is eligible under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, within 60 days after the applicant files a claim for such assistance.
Authorizes reimbursement for clearing and removing debris to include reimbursement for clearing, removing, and disposing of debris from any emergency access road.
Authorizes federal assistance for removing debris and wreckage resulting from a major disaster from owner-occupied private residential residential property, utilities, and residential infrastructure (such as a private access route) as necessary for a safe and sanitary living or functioning condition.
Provides that, for at least 180 days after the declaration of an emergency or major disaster between August 25, 2005, and December 31, 2005, the federal share of assistance provided to eligible applicants for debris removal shall be 100%. Directs the Secretary of Homeland Security to provide clear, concise, and uniform guidelines for the reimbursement to any county or government entity affected by a hurricane of the cost of hurricane debris removal.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4163 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4163
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 that Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 27, 2005
Mr. Jindal (for himself, Mr. McCrery, and Mr. Melancon) 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 that 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 ``Debris Removal Act of 2005''.
SEC. 2. EXPEDITED PAYMENTS.
(a) Expedited Payments Authorized.--Notwithstanding the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) (including any regulation promulgated pursuant to that 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 407 of that Act (42 U.S.C. 5173).
(b) Date of Payment.--A claim described in subsection (a) shall be
paid not later than 60 days after the date on which the applicant files
an eligible claim for assistance.
SEC. 3. DEBRIS CLEARANCE, REMOVAL, AND DISPOSAL FROM EMERGENCY ACCESS
ROADS.
(a) Definition of Emergency Access Road.--In this section, 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)).
(b) Reimbursement Authorized.--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 may
include reimbursement for clearing, removing, and disposing of debris
from any emergency access road.
SEC. 4. INCLUSION OF DEBRIS REMOVAL 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) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (ii) the following:
``(iii) the removal of debris and wreckage
resulting from a major disaster from owner
occupied private residential property,
utilities, and residential infrastructure (such
as a private access route) as necessary for a
safe and sanitary living or functioning
condition.''.
SEC. 5. COST SHARE.
For a period of not less than 180 days after the date of
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)) during the period beginning on August 25, 2005
through December 31, 2005, the Federal share of assistance provided to
eligible applicants for debris removal under section 407 of that Act
(42 U.S.C. 5173) shall be 100 percent.
SEC. 6. GUIDELINES FOR REIMBURSEMENT.
In light of concerns regarding inconsistent policy memoranda and
guidelines issued to counties and communities affected by the 2004
hurricane season, the Secretary of Homeland Security, acting through
the Under Secretary for Emergency Preparedness and Response, shall
provide clear, concise, and uniform guidelines for the reimbursement to
any county or government entity affected by a hurricane of the costs of
hurricane debris removal.
SEC. 7. APPLICABILITY; TERMINATION OF AUTHORITY.
This Act and the authority provided by this Act (including by any
amendment made by this Act) shall--
(1) apply to each major disaster declared in accordance
with section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170) during calendar year
2005; and
(2) terminate on the date that is 1 year after the date of
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
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