Debris Removal Act of 2005 - (Sec. 2) Requires the Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Agency, 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.
(Sec. 3) Authorizes reimbursement for clearing and removing debris to include reimbursement for clearing, removing, and disposing of debris from any emergency access road.
(Sec. 4) 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.
(Sec. 5) 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%.
(Sec. 6) 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]
[S. 939 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 939
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 SENATE OF THE UNITED STATES
April 28, 2005
Mr. Martinez (for himself and Mr. Nelson of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
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 ``Disaster Recovery Act of 2005''.
SEC. 2. EXPEDITED PAYMENTS OF FEDERAL ASSISTANCE FOR DEBRIS REMOVAL AND
EMERGENCY PROTECTIVE MEASURES.
(a) Definitions.--In this section:
(1) Eligible applicant.--The term ``eligible applicant''
means--
(A) a State government;
(B) a local government;.
(C) a private nonprofit 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; and
(D) an Indian tribe or authorized tribal
organization, or an Alaska Native village or
organization (other than an Alaska Native Corporation),
the ownership of which is vested in a private
individual.
(2) Eligible claim for assistance.--The term ``eligible
claim for assistance'' means--
(A) a claim for the clearance, removal, or disposal
of debris (such as trees, sand, gravel, building
components, wreckage, vehicles, and personal property),
if the debris is the result of an emergency or major
disaster and the clearance, removal, or disposal is
necessary--
(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 the community
and any other community, as determined by the
Secretary; or
(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) an action taken by an applicant before, during,
or after an emergency or major disaster that is
necessary--
(i) to eliminate or reduce an immediate
threat, as determined by the Secretary of
Homeland Security, to human life, public
health, or safety; or
(ii) to eliminate or reduce an immediate
hazard, as determined by the Secretary, that
threatens significant damage to public or
private property; or
(C) any other claim that the Secretary of Homeland
Security determines to be appropriate.
(3) Emergency.--The term ``emergency'' has the meaning
given the term in section 102 of the Robert T. Stafford
Disaster and Emergency Assistance Act (42 U.S.C. 5122).
(4) Major disaster.--The term ``major disaster'' has the
meaning given the term in section 102 of the Robert T. Stafford
Disaster and Emergency Assistance Act (42 U.S.C. 5122).
(b) 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 (c), 50 percent of the Federal
share of assistance that the applicant is eligible to receive under
section 403(b), 407(d), or 503 of that Act (42 U.S.C. 5170b(b),
5173(d), 5193).
(c) Date of Payment.--A claim described in subsection (b) shall be
paid not later than 60 days after the date on which the applicant files
an eligible claim for assistance.
SEC. 3. REQUIREMENT TO ENSURE 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) 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.
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) 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, clearance, and
disposal of debris from private property that
is the result of an emergency or major
disaster.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. Without written report.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 225.
Measure laid before Senate by unanimous consent. (consideration: CR S12024-12026; text of measure as reported in Senate: CR S12024)
Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.(text as passed Senate: CR S12025-12026)
Passed Senate with an amendment and an amendment to the Title by Unanimous Consent. (text as passed Senate: CR S12025-12026)
Received in the House.
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Message on Senate action sent to the House.
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
By Senator Collins from Committee on Homeland Security and Governmental Affairs filed written report under authority of the order of the Senate of 08/04/2006. Report No. 109-320.
By Senator Collins from Committee on Homeland Security and Governmental Affairs filed written report under authority of the order of the Senate of 08/04/2006. Report No. 109-320.