110th CONGRESS
1st Session
H. R. 751
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 such Act.
IN THE HOUSE OF REPRESENTATIVES
January 31, 2007
Ms. GINNY BROWN-WAITE of Florida (for herself and Mr. TAYLOR) 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 such 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 2007'.
SEC. 2. EXPEDITED PAYMENTS OF FEDERAL ASSISTANCE FOR DEBRIS REMOVAL AND
EMERGENCY PROTECTIVE MEASURES.
(a) Expedited Payments Authorized- Notwithstanding the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or
any regulation issued pursuant to such 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 403(b), 407(d), or 503 of such Act (42 U.S.C. 5170b(b),
5173(d), 5193).
(b) Date of Payment- A claim described in subsection (a) shall be paid not
later than 60 days after the date on which such applicant files an eligible
claim for assistance.
(c) Definitions- For purposes of this section:
(1) ELIGIBLE APPLICANT- The term `eligible applicant' means the following:
(C) A private non-profit 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.
(D) An Indian tribe or authorized tribal organization, or an Alaska
Native village or organization, but not Alaska Native Corporations,
the ownership of which is vested in a private individual.
(2) ELIGIBLE CLAIM FOR ASSISTANCE- The term `eligible claim for assistance'
means the following:
(A) DEBRIS REMOVAL- A claim for the clearance, removal, or disposal
of debris such as trees, sand, gravel, building components, wreckage,
vehicles, and personal property, if such debris is the result of an
emergency or major disaster and such clearance, removal, or disposal
is necessary for any of the following:
(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 such community and
any other community, as determined by the Secretary.
(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) EMERGENCY PROTECTIVE MEASURES- An action taken by an applicant before,
during, or after an emergency or major disaster that is necessary for
any of the following:
(i) To eliminate or reduce an immediate threat, as determined by the
Secretary of Homeland Security, to human life, public health, or safety.
(ii) To eliminate or reduce an immediate hazard, as determined by
the Secretary, that threatens significant damage to public or private
property.
(C) OTHER CLAIMS- Any other claim that the Secretary of Homeland Security
determines to be appropriate.
(3) EMERGENCY- The term `emergency' has the meaning provided by section
102(1) of the Robert T. Stafford Disaster and Emergency Assistance Act
(42 U.S.C. 5122(1)).
(4) MAJOR DISASTER- The term `major disaster' has the meaning provided
by section 102(2) of the Robert T. Stafford Disaster and Emergency Assistance
Act (42 U.S.C. 5122(2)).
SEC. 3. REQUIREMENT TO ENSURE DEBRIS CLEARANCE, REMOVAL, AND DISPOSAL
FROM EMERGENCY ACCESS ROADS.
(a) 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.
(b) Emergency Access Road Defined- For purposes of subsection (a), 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)).
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) at the end of clause (i), by striking `and';
(2) at the end of clause (ii), by striking the period and inserting `;
and'; and
(3) by inserting after clause (ii) the following new clause:
`(iii) the removal, clearance, and disposal of debris from private
property that is the result of an emergency or major disaster.'.
END
