HR 3247
10-29-07, House Agreed to Bill by Voice Vote
Referred to Senate
Committee on Homeland Security & Governmental Affairs
110th CONGRESS
1st Session
H. R. 3247
IN THE SENATE OF THE UNITED STATES
October 30, 2007
Received; read twice and referred to the Committee on Homeland Security and
Governmental Affairs
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 2007'.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(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.
(2) PRESIDENT- The term `President' means the President acting through the
Administrator of the Federal Emergency Management Agency.
(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.).
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
specified in paragraphs (1)(A) and (2)(A) of such section.
(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.
(c) Alternative Dispute Resolution Procedures-
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(f) 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 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.
(g) Contributions for Public Facilities Used to Host Public Events-
(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--
(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;
(B) costs incurred because response activities for Hurricane Katrina or
Rita precluded the normal use of a public facility used to host public
events;
(C) costs incurred for necessary materials provided to evacuees of Hurricane
Katrina or Rita in a public facility used to host public events; and
(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.
(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--
(i) in the case of damages related to Hurricane Katrina, on or before
October 27, 2005; and
(ii) in the case of damages related to Hurricane Rita, on or before
November 23, 2005.
(B) CONTRIBUTIONS FOR COSTS INCURRED FOR CANCELLED EVENTS-
(i) EVENT REQUIREMENTS- Contributions made under paragraph (1)(B) shall
be limited to costs that are documented for an event--
(I) for which there was a binding commitment for use of the facility
in effect prior to August 29, 2005; and
(II) that was scheduled to be held on or before December 31, 2005,
at the facility.
(ii) LOST REVENUES- Contributions under paragraph (1)(B) shall not be
made for any lost revenues.
(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.
(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.
(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.
(5) FEDERAL SHARE- The Federal share of assistance under this subsection
shall be 100 percent of the eligible costs.
(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.
(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.
(i) Hazard Mitigation Projects-
(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--
(A) complies with all applicable Federal laws governing assistance under
such section, and
(B) otherwise is eligible to contribute to the non-Federal share of assistance
under such section,
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.
(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).
Passed the House of Representatives October 29, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
END
