U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 109TH CONGRESS

2d Session 

REPORT

2006

109–320 

DEBRIS REMOVAL ACT OF 2005 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 939 

TO EXPEDITE PAYMENTS OF CERTAIN FEDERAL EMERGENCY ASSISTANCE AUTHORIZED PURSUANT TO THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT, TO 

AUTHORIZE THE REIMBURSEMENT UNDER THAT ACT OF CERTAIN EXPENDITURES, AND FOR OTHER PURPOSES 

AUGUST 30, 2006.—Ordered to be printed 

Filed under authority of the order of the Senate of August 4 (legislative 

day, August 3), 2006 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

SUSAN M. COLLINS, Maine, Chairman 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

TOM COBURN, Oklahoma 

LINCOLN D. CHAFEE, Rhode Island 

ROBERT F. BENNETT, Utah 

PETE V. DOMENICI, New Mexico 

JOHN W. WARNER, Virginia 

JOSEPH I. LIEBERMAN, Connecticut 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK DAYTON, Minnesota 

FRANK LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

MICHAEL D. BOPP, Staff Director and Chief Counsel 

KURT A. SCHMAUTZ, Counsel 

JOYCE A. RECHTSCHAFFEN, Minority Staff Director and Counsel 

LAWRENCE B. NOVEY, Minority Senior Counsel 

TRINA DRIESSNACK TYRER, Chief Clerk 


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109TH CONGRESS REPORT " ! SENATE 2d Session 109–320 

DEBRIS REMOVAL ACT OF 2005 

AUGUST 30, 2006.—Ordered to be printed 

Filed under authority of the order of the Senate of August 4 (legislative day, August 

3), 2006 

Ms. COLLINS, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 939] 

The Committee on Homeland Security and Governmental Affairs, 

to whom was referred the bill (S. 939) to expedite payments of certain Federal emergency assistance authorized pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, to 

authorize the reimbursement under that Act of certain expenditures, and for other purposes, having considered the same reports 

favorably thereon as amended and recommends that the bill as 

amended do pass. 

I. PURPOSE AND SUMMARY

The purpose of S. 939 is to expedite payment of Stafford Act 

emergency assistance for debris removal, and ensure that Stafford 

Act assistance may include reimbursement for clearing, removing, 

and disposing of debris from any emergency access road and reimbursement to individuals for debris removal if it is necessary for 

safe and sanitary living conditions. 

II. BACKGROUND

DEBRIS REMOVAL AFTER A DISASTER

Debris removal is one of the largest and most challenging aspects 

of disaster recovery. Disaster debris is a reminder of the scope of 

a disaster, and can account for as much as 40 percent of all disVerDate Aug 31 2005 04:42 Aug 31, 2006 Jkt 049010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR320.XXX SR320

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1 ‘‘Disaster Debris Planning,’’ materials presented by FEMA at EPA’s August 2003 ‘‘RCRA National Meeting,’’ see [http://www.epa.gov/epaoswer/osw/meeting/pdf02/ward. pdf]. 

aster-related costs for some hurricanes.1 Proper management and 

removal of this disaster debris is critical to protect public health 

and safety, restore the environment, and allow recovery and rebuilding efforts to begin in affected areas. 

Disaster debris from hurricanes and floods can include an enormous variety of materials. Among the major components are construction materials, damaged or destroyed buildings, sediments, 

trees, limbs, shrubs, household appliances, personal property, and 

vehicles. This debris must be collected, separated by types of materials and into nonhazardous and hazardous debris. Hazardous debris often includes containers of pesticides, drain cleaners, cleaning 

supplies, and paint; asbestos-coated pipes; and surfaces coated with 

lead-based paint. Separation of hazardous from nonhazardous materials is necessary to prevent improper disposal, which can release 

hazardous substances to the environment. However, hazardous and 

nonhazardous materials often are commingled, making separation 

difficult or impossible. Finally, there is an overlapping category of 

wastes consisting largely of, or heavily contaminated by, oil or 

other hazardous substances. 

THE FEDERAL ROLE

State and local governments have primary responsibility for 

waste management. When these governments are overwhelmed in 

the wake of a disaster, the Stafford Act authorizes debris removal 

by federal agencies from publicly and privately owned lands and 

water. Debris management falls under Emergency Support Function #3, Public Works and Engineering, which is coordinated under 

the National Response Plan by the U.S. Army Corps of Engineers. 

The Corps is tasked with managing, monitoring, and providing 

technical assistance in the clearance, removal, and disposal of debris and the clearing of ground and water routes into the affected 

areas. The physical work generally is done by contractors, to the 

extent that it cannot be accomplished by local government sanitation workers. The Federal Emergency Management Agency 

(FEMA) reimburses local governments for debris removal on public 

and private property in counties that are eligible for assistance. 

NEED FOR THE LEGISLATION

Hurricanes Charley, Frances, Ivan, and Jeanne hit Florida during the 2004 hurricane season. In the recovery from those disasters, various Florida counties reported widely varying levels of responsiveness and cooperation from FEMA with respect to reimbursement of debris removal costs. In many cases, reimbursement 

decisions were delayed for months, some were denied without recourse for affected counties, and millions of dollars in claims remained outstanding one year after the hurricanes struck. A survey 

conducted by the Florida Association of Counties found that a number of counties were forced to use up their savings, issue new 

bonds, take out loans, raise taxes or take other actions to cope with 

the delayed reimbursements. 

S. 939 aims to prevent a recurrence of the most severe of these 

problems by requiring FEMA to pay 50 percent of the federal asVerDate Aug 31 2005 04:42 Aug 31, 2006 Jkt 049010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR320.XXX SR320

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2 44 CFR § 206.224. 

sistance to an eligible applicant within 60 days. In addition, the bill 

clarifies that FEMA can reimburse localities for clearing all emergency access roads whether on public or private property. FEMA 

can now reimburse state and local governments for debris removal 

‘‘[w]hen it is in the public interest.’’ 2 S. 939 establishes that the 

clearance of access roads on private property that are needed by 

emergency personnel is in the public interest. This eliminates a recurring point of conflict between FEMA and local government applicants for debris removal assistance that has played a significant 

role in some of the delayed payments. 

III. LEGISLATIVE HISTORY

S. 939 was introduced on April 28, 2005, and was referred to the 

Committee on Homeland Security and Governmental Affairs. The 

legislation is sponsored by Senators Martinez, Nelson (FL), and 

Vitter. On September 22, 2005, the Committee considered S. 939 

and ordered the bill favorably reported with an amendment in the 

nature of a substitute by voice vote. Members present were Senators Collins, Voinovich, Coleman, Chafee, Lieberman, Levin, 

Akaka, Lautenberg, and Pryor. 

IV. SECTION-BY-SECTION

Section 1. Short title 

Section 1 sets the short title of S. 939 as the ‘‘Debris Removal 

Act of 2005.’’

Section 2. Expedited payments 

Subsection (a) directs the Secretary of Homeland Security, acting 

through the Director of FEMA, to make expedited reimbursement 

payments to eligible applicants for eligible claims under section 407 

of the Stafford Act (42 U.S.C. § 5173). These expedited payments 

are 50 percent of the total amount the applicant is eligible to receive under the Stafford Act 

Subsection (b) establishes that the date of an expedited payment 

described in subsection (a) shall be paid not later than 60 days 

after the date of the application. 

Section 3. Debris clearance, removal, and disposal from emergency 

access roads 

Subsection (a) defines ‘‘emergency access road’’ as a road that requires access by emergency personnel—including firefighters, police, emergency medical personnel, and any other entity identified 

by the Secretary of Homeland Defense—in order to provide emergency service after the declaration of an emergency or major disaster 

Subsection (b) authorizes reimbursement under section 407 of 

the Stafford Act (42 U.S.C. § 5173) for clearing, removing, and disposing of debris from any emergency access road. 


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Section 4. Inclusion of debris removal as eligible claim for Federal 

assistance 

Section 4 amends section 408(c)(2)(A) of the Stafford Act (42 

U.S.C. § 5174(c)(2)(A)) to make individuals and households eligible 

for federal assistance to reimburse debris removal. Federal assistance can be extended at the President’s discretion in the case of a 

major disaster for debris removal from owner-occupied residential 

property, utilities, and residential infrastructure as necessary for a 

safe and sanitary living or functioning condition. 

Section 5. Applicability; termination of authority 

Section 5 applies this Act to each major disaster declared under 

Section 401 of the Stafford Act (42 U.S.C. § 5170) in 2005, and terminates this Act one year after its enactment. 

V. EVALUATION OF REGULATORY IMPACT

Paragraph 11(b)(1) of rule XXVI of the Standing Rules of the 

Senate requires that each report accompanying a bill evaluate the 

‘‘regulatory impact which would be incurred in carrying out this 

bill.’’ Carrying out S. 939 would have no regulatory impact. 

VI. CHANGES TO EXISTING LAW

Pursuant to Paragraph 12, rule XXVI of the Standing Rules of 

the Senate, changes in existing law made by the bill, as reported, 

are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law, in which no change is proposed, is shown in roman): 

TITLE 42, UNITED STATES CODE: PUBLIC 

HEALTH AND WELFARE 

CHAPTER 68—DISASTER RELIEF 

Subchapter IV—Major Disaster Assistance Programs 

SEC. 5174. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. 

* * * * * * * 

(c) TYPES OF HOUSING ASSISTANCE.—

* * * * * * * 

(2) REPAIRS.—

(A) IN GENERAL.—The President may provide financial 

assistance for—

(i) the repair of owner-occupied private residences, 

utilities, and residential infrastructure (such as a private access route) damaged by a major disaster to a 

safe and sanitary living or functioning condition; [and] 

(ii) eligible hazard mitigation measures that reduce 

the likelihood of future damage to such residences, 

utilities, or infrastructure[.]; and 

(iii) the removal of debris and wreckage resulting 

from a major disaster from owner-occupied private residential property, utilities, and residential infrastrucVerDate Aug 31 2005 04:42 Aug 31, 2006 Jkt 049010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6603 E:\HR\OC\SR320.XXX SR320

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ture (such as a private access route) as necessary for a 

safe and sanitary living or functioning condition. 

VII. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

OCTOBER 28, 2005. 

Hon. SUSAN M. COLLINS, 

Chairman, Committee on Homeland Security and Government, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 939, the Debris Removal 

Act of 2005. 

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

to provide them. The CBO staff contact is Rachel Milberg. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN. 

Enclosure. 

S. 939—Debris Removal Act of 2005 

Under current law, the Federal Emergency Management Agency 

(FEMA) reimburses state and local governments, and owners or operators of nonprofit organizations for costs associated with removing debris that results from a major disaster. S. 939 would require 

FEMA to pay half of the Federal Government’s share of such costs 

within 60 days of an applicant’s request for reimbursement. S. 939 

also authorizes FEMA to pay costs associated with removing debris 

from emergency access roads and private property. 

Under current law, FEMA has broad authority to remove debris 

from both public and private property. Consequently, CBO estimates that implementing S. 939 would not have a significant effect 

on the budget though it could affect the timing of payments. CBO 

also estimates that enacting S. 939 would not affect direct spending 

or revenues. 

S. 939 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. 

The CBO staff contact for this estimate is Rachel Milberg. This 

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

Æ 


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