69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–387 

HURRICANES KATRINA AND RITA RECOVERY 

FACILITATION ACT OF 2007 

OCTOBER 18, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 3247] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 3247) to improve the provision of disaster assistance for Hurricanes Katrina and Rita, and for other 

purposes, having considered the same, report favorably thereon 

with an amendment and recommend that the bill as amended do 

pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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 proVerDate Aug 31 2005 05:22 Oct 19, 2007 Jkt 069006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR387.XXX HR387

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gram 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. 

(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 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 the facility for public events; and 

(C) costs incurred for necessary materials provided to evacuees in a public 

facility used to host public events. 

(2) LIMITATIONS.—


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(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. 

(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 nonFederal 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). 

PURPOSE OF THE LEGISLATION

H.R. 3247, as amended, the ‘‘Hurricanes Katrina and Rita Recovery Facilitation Act of 2007’’, provides relief for problems associated 

with recovery efforts specific to Hurricanes Katrina and Rita. The 

bill authorizes changes to Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (‘‘Stafford Act’’) programs exclusively for 

the recovery from Hurricanes Katrina and Rita, and applies these 

changes retroactively. Specifically, the bill increases the Federal 

share from 75 percent to 90 percent for ‘‘alternate projects’’ for 

Hurricanes Katrina and Rita, to allow money designated for a specific facility to be used toward another facility for the same purposes; permits a public assistance pilot program authorized in Public Law 109–295 to apply retroactively to Hurricanes Katrina and 

Rita; allows for third parties to review and speed up public assistVerDate Aug 31 2005 05:22 Oct 19, 2007 Jkt 069006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR387.XXX HR387

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ance appeals through the use of alternative dispute resolution procedures; allows use of temporary housing for volunteers; increases 

the ‘‘small project’’ limit from $55,000 to $100,000; authorizes reinterment of remains in private cemeteries; and provides additional 

flexibility for the projects that count toward the non-Federal share 

for Stafford Act hazard mitigation programs. 

BACKGROUND AND NEED FOR LEGISLATION

Hurricane Katrina made landfall on August 29, 2005, and proved 

to be the costliest natural disaster in American history. The storm 

had a massive physical impact on the land, affecting 90,000 square 

miles, which is an area the size of Great Britain. More than 80 percent of the City of New Orleans flooded, an area comparable to 

seven times the size of Manhattan. Under the authority granted to 

the President in the Stafford Act (42 U.S.C. 5121–5207), the President declared a Major Disaster in the States of Mississippi and 

Louisiana on the date the storm made landfall. 

The Stafford Act authorizes disaster assistance that the Federal 

Emergency Management Agency (‘‘FEMA’’) provides after a major 

disaster. While the authority of the Stafford Act is very broad and 

flexible, it does not anticipate every circumstance that can arise in 

a disaster such as Hurricane Katrina. Historically, when catastrophic or unusual disasters strike, FEMA and Congress work cooperatively to identify areas where FEMA needs specific authority 

or direction. However, circumstances were different in dealing with 

Hurricane Katrina. When Katrina struck, FEMA was no longer a 

flexible or independent government agency. Rather, FEMA was an 

organization within the large bureaucracy of the Department of 

Homeland Security. FEMA no longer had direct access to the President and Congress. FEMA’s lack of autonomy was magnified by the 

unprecedented scope and magnitude of this hurricane. 

At a hearing of the Subcommittee on Economic Development, 

Public Buildings, and Emergency Management on May 10, 2007, 

Members testified on issues that are still affecting and hindering 

recovery in their Congressional Districts, even though two years 

have elapsed since Katrina. At the hearing, Members proposed specific solutions to the problems identified. The provisions of this bill 

draw on the findings and recommendations from this hearing. 

SUMMARY OF THE LEGISLATION

Section 1. Short title 

Section 1 of the bill states that the short title of the Act is the 

‘‘Hurricanes Katrina and Rita Recovery Facilitation Act of 2007’’. 

Section 2. Definitions 

Section 2 defines ‘‘Covered Hurricane Damages’’ and clarifies 

that this bill only applies to damages from Hurricanes Katrina and 

Rita in Louisiana and Mississippi. The section further defines 

‘‘President’’ as the President acting through the Administrator of 

FEMA and defines ‘‘Stafford Act’’ as the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act. 


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Section 3. Special rules for covered hurricane damages 

Subsection (a) increases the Federal share for large in-lieu 

projects, also known as ‘‘alternate projects’’ from 75 percent to 90 

percent for Hurricanes Katrina and Rita for both public and private non-profit facilities. Under the Stafford Act, the Federal share 

is currently 75 percent for public and private non-profit facilities 

damaged by Hurricanes Katrina and Rita. Subsequent to these 

hurricanes, Congress increased the Federal share to 90 percent for 

public facilities. This provision will help communities, which have 

had multiple facilities destroyed by these hurricanes, rebuild facilities and reestablish services in a manner that will best suit their 

needs. 

Subsection (b) gives the Administrator of FEMA the discretion to 

make public assistance programs for Hurricanes Katrina and Rita 

in Louisiana and Mississippi eligible under an existing public assistance pilot program authorized in section 689j of the PostKatrina Emergency Management Reform Act (P.L. 109–295). This 

pilot program increases flexibility in FEMA’s administration of program regulations to expedite the provision of assistance to States. 

The Committee recognizes that FEMA historically has applied 

changes to the Stafford Act and its regulations prospectively to disasters declared on or after the effective date of the change, unless 

expressly provided otherwise. In most circumstances, this approach 

is prudent because it provides clarity and stability in implementing 

assistance. However, as was discussed in the May 10, 2007 hearing 

of the Subcommittee on Economic Development, Public Buildings, 

and Emergency Management, Hurricanes Katrina and Rita posed 

and continue to pose unique challenges in complexity and magnitude. By authorizing programs for Hurricanes Katrina and Rita 

to be eligible for participation in the pilot program retroactively, 

the Committee anticipates this provision will help facilitate the recovery in the Gulf Coast. 

Subsection (c) encourages alternative dispute resolution procedures for appeals of public assistance decisions by FEMA for Hurricanes Katrina and Rita. The Committee is concerned about the 

speed of the implementation of the public assistance program for 

Hurricanes Katrina and Rita and the impact of the delays on recovery in the Gulf Coast. In a hearing of the Subcommittee on Economic Development, Public Buildings, and Emergency Management, several Members of Congress testified about delays in the 

public assistance appeals process. In particular, Members were concerned about the same officials reviewing both first and second appeals in the public assistance program and about delays in processing of appeals. This provision permits the Administrator to use 

alternative dispute resolution procedures to facilitate the review of 

appeals in a timely and fair manner. Applicants are permitted to 

elect alternative dispute resolution for either first or second appeals, but are only allowed to do so once, and only if FEMA concurs. In implementing this pilot program, the Administrator is encouraged to use FEMA’s Office of Alternative Dispute Resolution as 

well as resources outside of FEMA. Under this provision, FEMA is 

not required to use alternative dispute resolution when requested 

by applicants, but if the Administrator rejects such a request, he 

must provide a written notice of the denial including the reasons 

for the denial. This provision requires FEMA to report to the ComVerDate Aug 31 2005 05:22 Oct 19, 2007 Jkt 069006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR387.XXX HR387

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mittee on denials and to report within one year whether this authority should be granted permanently. 

Subsection (d) authorizes FEMA to provide assistance under section 403 of the Stafford Act to reimburse expenses incurred for the 

re-interment of human remains at privately-owned or private nonprofit cemeteries following Hurricanes Katrina and Rita. As a result of these storms, hundreds of bodies were washed away from 

public and private cemeteries, and in many cases, no one claimed 

the bodies. In Cameron Parish, nearly 350 bodies, crypts, and caskets had to be re-interred. Because FEMA does not usually provide 

assistance directly to privately-owned facilities, the Committee recommends that privately-owned and private non-profit cemeteries 

applying for assistance under this provision apply through the 

State, if the State agrees to apply on their behalf. The Committee 

does not intend for this process to preclude cemeteries from receiving assistance. In providing this assistance, FEMA should apply 

similar eligibility criteria for expenses incurred for the re-interment of human remains at publicly-owned cemeteries under the 

provisions of the disaster-specific guidance dated October 29, 2005. 

Subsection (e) allows the Administrator of FEMA to apply the 

Simplified Procedure, under section 422 of the Stafford Act, for the 

administration of ‘‘small projects’’ for projects up to $100,000. The current limit is $55,000. Small projects are allowed to begin based 

on cost estimates. 

Subsection (f) allows FEMA to provide temporary housing units 

for use by volunteers assisting in recovery and reconstruction on 

the Gulf Coast. At the May 10, 2007 hearing of the Subcommittee 

on Economic Development, Public Buildings, and Emergency Management, the lack of volunteer housing was cited as an impediment 

to the use of volunteers in the Gulf Coast and, as a result, a hindrance to recovery. 

Subsection (g) authorizes the reimbursement of certain facilities 

that housed evacuees after Hurricanes Katrina and Rita. The Committee is concerned that two years after Hurricanes Katrina and 

Rita, a number of arenas and other similar facilities in the State 

of Louisiana that housed evacuees in the immediate aftermath of 

the storms have not been adequately reimbursed for costs incurred 

in hosting those evacuees including repair or restoration of those 

facilities. These facilities include the Baton Rouge River Center, facilities of the Recreation and Park Commission for the Parish of 

East Baton Rouge, the Lamar-Dixon Expo Center in Ascension Parish, and the Cajundome in Lafayette. In providing this assistance, 

the Committee expects FEMA will require similar documentation 

and procedures as it does for the public assistance program. Subsection (g)(3) provides that assistance shall not be provided if reimbursement is available from any other program, insurance, or any 

other source. In implementing this specific requirement, the Committee intends that FEMA use the same guidelines applicable 

under section 312 of the Stafford Act. 

Subsection (g)(1)(C) allows reimbursement for costs incurred for 

necessary materials provided to evacuees in a public facility used 

to host public events. The necessary materials include supplies provided directly to or for the benefit of children who were evacuees 

including school supplies (such as backpacks, water bottles, and 

lunch bags), recreation materials, and art supplies. The Committee 


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recognizes the extraordinary circumstances children faced while in 

shelters and the efforts made to provide as much support and comfort as possible to these young evacuees. 

Subsection (h) requires the Administrator to report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate on the status of recovery for the 

States of Louisiana and Mississippi from Hurricanes Katrina and 

Rita within 180 days. The Committee intends the report to include 

the following issues: 

Coastal High Hazard Areas 

The Committee is concerned about FEMA’s recent guidance concerning the restrictions on construction in Coastal High Hazard 

Areas for public assistance. Flood plain management regulations 

permit construction in Coastal High Hazard Areas as long as the 

construction complies with elevation, wave-load standards, and 

free-of-obstruction requirements. For 21 months, FEMA cooperated 

with the State of Mississippi and local officials to approve public 

assistance projects to rebuild schools and other public facilities inside Coastal High Hazard Areas. On June 5, 2007, FEMA issued 

a memorandum that reinterpreted its previous guidance and declared that no new construction is permitted in Coastal High Hazard Areas. This sudden change of policy is causing significant delay 

and difficulty for school districts and local governments that were 

forced to relocate and redesign projects. 

Public utilities 

The Committee instructs FEMA to report on the requirements 

that apply to contracts for clearing the rights-of-way of eligible utilities for the purpose of restoring services after a disaster. The Committee has received reports that FEMA has advised eligible utilities that it will reimburse contracts on the basis of time and materials or time and equipment for the first 72 hours after a disaster, 

but after 72 hours, the contracts must be rebid to conform to the 

standard debris removal contract payable by the cubic yard. Utilities hire contractors to clear their rights-of-way as quickly as possible to restore services to communities. The Committee is concerned that this practice to reopen public utility right-of-way clearance contracts after 72 hours and to reimburse these contracts according to volume rather than according to reasonable time and 

equipment costs stands to greatly increase the government’s costs 

while delaying the restoration of utility services. 

Schools 

The Committee is very concerned about the slow pace of reconstruction of schools in Mississippi and Louisiana. Many students 

are in their third school year in temporary classrooms. The Committee instructs FEMA to report on the status of each proposed 

school facility project in the Bay St. Louis-Waveland School District, the Pass Christian School District, and the Hancock County 

School District in Mississippi, with an explanation of any disputes 

that have delayed approval of the project. 


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Building to code 

According to local governments in Louisiana and Mississippi, the 

Federal share of public assistance to rebuild or repair a damaged 

facility may not account for additional costs to comply with modern 

building codes, accessibility requirements, environmental standards, and other construction requirements. The Committee is concerned to learn this, especially in light of FEMA’s regulations 

under 44 CFR 206.226(d), which addresses eligibility of additional 

costs due to compliance with current codes. FEMA estimates the 

Federal share of public assistance based on the cost of restoring or 

replacing a facility to its condition before the disaster. However, 

many older facilities are not fully compliant with current building 

codes and standards. Sometimes, the additional costs that are required to comply with building codes, accessibility requirements, 

environmental standards, and other building requirements are not 

within the scope of work for FEMA’s determination of the Federal 

share. The Committee instructs FEMA to identify and report on 

the status of any pending project in which the difference between 

the cost to restore or replace a facility to its pre-disaster condition 

is less than 75 percent of the estimated cost to rebuild or repair 

the facility to current codes and standards. 

Subsection (i) waives the pre-certification requirement for a 

State’s non-Federal share for Stafford Act hazard mitigation 

projects. The Hazard Mitigation Grant Program (‘‘HMGP’’) is designed to provide funds to mitigate future loss of property and life. 

The program requires States to provide at least 25 percent of the 

cost of eligible projects to access Federal funds. This State matching requirement may be made through in-kind projects (also referred to as ‘‘global match’’) funded with non-Federal dollars. The 

language in this subsection allows in-kind projects initiated in the 

recovery efforts after Hurricanes Katrina and Rita to contribute the 

non-Federal share in an HMGP application, if FEMA can determine that the project meets all eligibility and compliance requirements that apply to HMGP projects. This provision simply waives 

the requirement for pre-approval of a project that is intended for 

use as the non-Federal share of an HMGP project, and is not intended to waive any substantive eligibility or compliance requirement. This language allows for the review and determination by 

FEMA to occur after project implementation. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

In the 110th Congress, the Subcommittee on Economic Development, Public Buildings, and Emergency Management held a hearing on May 10, 2007, entitled ‘‘Legislative Fixes for Lingering Problems that Hinder Katrina Recovery’’. At the hearing Members of 

Congress from Louisiana and Mississippi testified regarding issues 

that communities and citizens still face in recovering from Hurricane Katrina. 

On July 31, 2007, Subcommittee Chairwoman Norton introduced 

H.R. 3247, the ‘‘Hurricanes Katrina and Rita Recovery Facilitation 

Act of 2007’’. 

On August 1, 2007, the Subcommittee on Economic Development, 

Public Buildings, and Emergency Management met in open session 

to consider H.R. 3247. The Subcommittee favorably recommended 


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the bill to the Committee on Transportation and Infrastructure by 

voice vote. 

On August 2, 2007, the Committee on Transportation and Infrastructure met in open session to consider H.R. 3247. An amendment to add subsection (i) to the bill, to waive the pre-certification 

requirement for a State’s non-Federal share for Stafford Act hazard 

mitigation grant program projects, was adopted by voice vote. The 

Committee on Transportation and Infrastructure ordered the bill, 

as amended, reported favorably to the House by voice vote with a 

quorum present. 

RECORD VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each record vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no recorded 

votes taken in connection with the amendment offered to H.R. 3247 

or ordering H.R. 3247 reported. A motion to order H.R. 3247, as 

amended, reported favorably to the House was agreed to by voice 

vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and 308(a) of the 

Congressional Budget Act of 1974, the Committee references the 

report of the Congressional Budget Office included in the report. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objectives of this legislation are to authorize assistance for the 

recovery from Hurricanes Katrina and Rita. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 3247, as amended, from the Director of the Congressional Budget Office: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 24, 2007. 

Hon. JAMES L. OBERSTAR, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3247, the Hurricanes 

Katrina and Rita Recovery Facilitation Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Daniel Hoople. 

Sincerely, 

ROBERT A. SUNSHINE

(For Peter R. Orszag, Director). 

Enclosure. 

H.R. 3247—Hurricanes Katrina and Rita Recovery Facilitation Act 

of 2007 

H.R. 3247 would authorize the Federal Emergency Management 

Agency (FEMA) to provide additional forms of assistance to certain 

areas affected by Hurricanes Katrina and Rita. Funding for such 

assistance would come from the $43.5 billion already appropriated 

to FEMA’s Disaster Relief Fund (DRF) for the hurricanes. Because 

CBO does not expect that the proposed changes in this legislation 

would have a significant effect on the pace or amount of federal expenditures from the DRF, we estimate that enacting H.R. 3247 

would have no significant effect on direct spending. Enacting the 

bill would not affect revenues. 

H.R. 3247 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

Under current law, Gulf Coast states are eligible to receive from 

FEMA 100 percent of the funds needed to repair or replace public 

infrastructure damaged by the 2005 hurricanes, If, however, states 

choose to relocate such buildings or other structures, the federal 

cost share falls to 75 percent. H.R. 3247 would raise the federal 

cost share on relocated infrastructure to 90 percent. Allowing 

states to receive a higher portion of their reconstruction costs from 

the federal government could affect the rate of spending from previously appropriated funds, but CBO expects that the pace of such 

expenditures would not change significantly because other factors 

that affect the speed of reconstruction activities would remain unchanged. 

H.R. 3247 also would authorize some new types of assistance to 

areas of Louisiana and Mississippi affected by Hurricanes Katrina 

and Rita. The legislation would authorize FEMA to provide temporary housing units (for example, trailers and mobile homes) to 

state and local governments and nonprofit organizations to house 

volunteers working in the Gulf Coast region. In view of FEMA’s decision to suspend the sale and donation of its trailer units pending 

a further investigation into the safety of those units, it is unclear 

how FEMA might use this authority. However, CBO estimates that 

if sales and donations resume, implementing this provision would 

not lead to a significant acceleration of spending or a net impact 


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on expenditures from the DRF. Moreover, H.R. 3247 would authorize FEMA to provide assistance for re-interment in private cemeteries and for the compensation of business losses (excluding losses 

in revenue) stemming from events that were scheduled to be held 

in public facilities damaged by the 2005 Gulf Coast hurricanes. 

Funding for the assistance authorized by H.R. 3247 would come 

from the $43.5 billion appropriated thus far to the DRF for Hurricanes Katrina, Rita, and Wilma. CBO estimates that about $13.5 

billion of such funding remains unspent as of July 2007. We expect 

that enacting H.R. 3247 could lead to some reallocation of those existing funds, but that the rate of spending such balances would not 

change significantly under the bill. 

The CBO staff contact for this estimate is Daniel Hoople. This 

estimate was approved by Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

COMPLIANCE WITH HOUSE RULE XXI

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of 

the House of Representatives. The Committee has required Members of Congress to comply with all requirements of clause 9(d), 

(9(e), or 9(f) of rule XXI. The following table provides the list of 

such provisions included in the Committee Report: 

Section Subject Requested by 

Committee Report .................. Baton Rouge River Center, Baton Rouge, Louisiana ............. Richard H. Baker 

Committee Report .................. Recreation and Park Commission, East Baton Rouge Parish, Louisiana,.Richard H. Baker 

Committee Report .................. Lamar Dixon Expo Center, Ascension Parish, Louisiana ....... Charlie Melancon 

Committee Report .................. Cajundome, Lafayette, Louisiana ........................................... Charles W. Boustany, Jr. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause (3)(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 


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that H.R. 3247, as amended, does not preempt any state, local, or 

tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

H.R. 3247 makes no changes to existing law. 

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