II

Calendar No. 225 

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 

SEPTEMBER 27, 2005 

Reported by Ms. COLLINS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•S 939 RS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Disaster Recovery Act 

3 of 2005’’. 

4 SEC. 2. EXPEDITED PAYMENTS OF FEDERAL ASSISTANCE 

5 FOR DEBRIS REMOVAL AND EMERGENCY 

6 PROTECTIVE MEASURES. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ELIGIBLE APPLICANT.—The term ‘‘eligible 

9 applicant’’ means— 

10 (A) a State government; 

11 (B) a local government;. 

12 (C) a private nonprofit organization or in13 stitution that owns or operates any private non14 profit educational, utility, emergency, medical, 

15 or custodial care facility, including a facility for 

16 the aged or disabled, or any other facility pro17 viding essential governmental services to the 

18 general public, and such facilities on Indian res19 ervations; and 

20 (D) an Indian tribe or authorized tribal or21 ganization, or an Alaska Native village or orga22 nization (other than an Alaska Native Corpora23 tion), the ownership of which is vested in a pri24 vate individual. 

25 (2) ELIGIBLE CLAIM FOR ASSISTANCE.—The 

26 term ‘‘eligible claim for assistance’’ means— 
3 

•S 939 RS 

1 (A) a claim for the clearance, removal, or 

2 disposal of debris (such as trees, sand, gravel, 

3 building components, wreckage, vehicles, and 

4 personal property), if the debris is the result of 

5 an emergency or major disaster and the clear6 ance, removal, or disposal is necessary— 

7 (i) to eliminate an immediate threat, 

8 as determined by the Secretary of Home9 land Security, to human life, public health, 

10 or safety; 

11 (ii) to eliminate an immediate threat, 

12 as determined by the Secretary, of signifi13 cant damage to public or private property; 

14 (iii) to ensure the economic recovery 

15 of the community affected by the emer16 gency or major disaster to the benefit of 

17 the community and any other community, 

18 as determined by the Secretary; or 

19 (iv) to ensure the provision of tem20 porary public transportation service in the 

21 community affected by the emergency or 

22 major disaster pursuant to section 419 of 

23 the Robert T. Stafford Disaster and Emer24 gency Assistance Act (42 U.S.C. 5186); 
4 

•S 939 RS 

1 (B) an action taken by an applicant before, 

2 during, or after an emergency or major disaster 

3 that is necessary— 

4 (i) to eliminate or reduce an imme5 diate threat, as determined by the Sec6 retary of Homeland Security, to human 

7 life, public health, or safety; or 

8 (ii) to eliminate or reduce an imme9 diate hazard, as determined by the Sec10 retary, that threatens significant damage 

11 to public or private property; or 

12 (C) any other claim that the Secretary of 

13 Homeland Security determines to be appro14 priate. 

15 (3) EMERGENCY.—The term ‘‘emergency’’ has 

16 the meaning given the term in section 102 of the 

17 Robert T. Stafford Disaster and Emergency Assist18 ance Act (42 U.S.C. 5122). 

19 (4) MAJOR DISASTER.—The term ‘‘major dis20 aster’’ has the meaning given the term in section 

21 102 of the Robert T. Stafford Disaster and Emer22 gency Assistance Act (42 U.S.C. 5122). 

23 (b) EXPEDITED PAYMENTS AUTHORIZED.—Notwith24 standing the Robert T. Stafford Disaster Relief and 

25 Emergency Assistance Act (42 U.S.C. 5121 et seq.) (in-
5 

•S 939 RS 

1 cluding any regulation promulgated pursuant to that Act), 

2 the Secretary of Homeland Security, acting through the 

3 Director of the Federal Emergency Management Agency, 

4 shall pay to an eligible applicant, in accordance with sub5 section (c), 50 percent of the Federal share of assistance 

6 that the applicant is eligible to receive under section 

7 403(b), 407(d), or 503 of that Act (42 U.S.C. 5170b(b), 

8 5173(d), 5193). 

9 (c) DATE OF PAYMENT.—A claim described in sub10 section (b) shall be paid not later than 60 days after the 

11 date on which the applicant files an eligible claim for as12 sistance. 

13 SEC. 3. REQUIREMENT TO ENSURE DEBRIS CLEARANCE, 

14 REMOVAL, AND DISPOSAL FROM EMERGENCY 

15 ACCESS ROADS. 

16 (a) DEFINITION OF EMERGENCY ACCESS ROAD.—In 

17 this section, the term ‘‘emergency access road’’ means a 

18 road that requires access by emergency personnel, includ19 ing firefighters, police, emergency medical personnel, or 

20 any other entity identified by the Secretary of Homeland 

21 Security that provides an emergency service after a dec22 laration of an emergency or major disaster (as defined in 

23 section 102 of the Robert T. Stafford Disaster Relief and 

24 Emergency Assistance Act (42 U.S.C. 5122)). 
6 

•S 939 RS 

1 (b) REQUIREMENT.—Any reimbursement authorized 

2 under section 407 of the Robert T. Stafford Disaster Re3 lief and Emergency Assistance Act (42 U.S.C. 5173) for 

4 clearing and removing debris shall include reimbursement 

5 for clearing, removing, and disposing of debris from any 

6 emergency access road. 

7 SEC. 4. INCLUSION OF DEBRIS REMOVAL FROM PRIVATE 

8 LAND AS ELIGIBLE CLAIM FOR FEDERAL AS9 SISTANCE. 

10 Section 408(c)(2)(A) of the Robert T. Stafford Dis11 aster Relief and Emergency Assistance Act (42 U.S.C. 

12 5174(c)(2)(A)) is amended— 

13 (1) in clause (i), by striking ‘‘and’’ at the end; 

14 (2) in clause (ii), by striking the period at the 

15 end and inserting ‘‘; and’’; and 

16 (3) by inserting after clause (ii) the following: 

17 ‘‘(iii) the removal, clearance, and dis18 posal of debris from private property that 

19 is the result of an emergency or major dis20 aster.’’. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Debris Removal Act of 

23 2005’’. 
7 

•S 939 RS 

1 SEC. 2. EXPEDITED PAYMENTS. 

2 (a) EXPEDITED PAYMENTS AUTHORIZED.—Notwith3 standing the Robert T. Stafford Disaster Relief and Emer4 gency Assistance Act (42 U.S.C. 5121 et seq.) (including 

5 any regulation promulgated pursuant to that Act), the Sec6 retary of Homeland Security, acting through the Director 

7 of the Federal Emergency Management Agency, shall pay 

8 to an eligible applicant, in accordance with subsection (b), 

9 50 percent of the Federal share of assistance that the appli10 cant is eligible to receive under section 407 of that Act (42 

11 U.S.C. 5173). 

12 (b) DATE OF PAYMENT.—A claim described in sub13 section (a) shall be paid not later than 60 days after the 

14 date on which the applicant files an eligible claim for as15 sistance. 

16 SEC. 3. DEBRIS CLEARANCE, REMOVAL, AND DISPOSAL 

17 FROM EMERGENCY ACCESS ROADS. 

18 (a) DEFINITION OF EMERGENCY ACCESS ROAD.—In 

19 this section, the term ‘‘emergency access road’’ means a road 

20 that requires access by emergency personnel, including fire21 fighters, police, emergency medical personnel, or any other 

22 entity identified by the Secretary of Homeland Security 

23 that provides an emergency service after a declaration of 

24 an emergency or major disaster (as defined in section 102 

25 of the Robert T. Stafford Disaster Relief and Emergency 

26 Assistance Act (42 U.S.C. 5122)). 
8 

•S 939 RS 

1 (b) REIMBURSEMENT AUTHORIZED.—Any reimburse2 ment authorized under section 407 of the Robert T. Stafford 

3 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

4 5173) for clearing and removing debris may include reim5 bursement for clearing, removing, and disposing of debris 

6 from any emergency access road. 

7 SEC. 4. INCLUSION OF DEBRIS REMOVAL AS ELIGIBLE 

8 CLAIM FOR FEDERAL ASSISTANCE. 

9 Section 408(c)(2)(A) of the Robert T. Stafford Disaster 

10 Relief and Emergency Assistance Act (42 U.S.C. 

11 5174(c)(2)(A)) is amended— 

12 (1) in clause (i), by striking ‘‘and’’ at the end; 

13 (2) in clause (ii), by striking the period at the 

14 end and inserting ‘‘; and’’; and 

15 (3) by inserting after clause (ii) the following: 

16 ‘‘(iii) the removal of debris and wreck17 age resulting from a major disaster from 

18 owner occupied private residential property, 

19 utilities, and residential infrastructure 

20 (such as a private access route) as necessary 

21 for a safe and sanitary living or func22 tioning condition.’’. 

23 SEC. 5. APPLICABILITY; TERMINATION OF AUTHORITY. 

24 This Act and the authority provided by this Act (in25 cluding by any amendment made by this Act) shall— 
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•S 939 RS 

1 (1) apply to each major disaster declared in ac2 cordance with section 401 of the Robert T. Stafford 

3 Disaster Relief and Emergency Assistance Act (42 

4 U.S.C. 5170) during calendar year 2005; and 

5 (2) terminate on the date that is 1 year after the 

6 date of enactment of this Act. 
Calendar No. 225 

109TH CONGRESS 

1ST SESSION S. 939 

A BILL 

To expedite payments of certain Federal emergency 

vided under that Act. land Security to exercise certain authority proance Act, and to direct the Secretary of HomeStafford Disaster Relief and Emergency Assistassistance authorized pursuant to the Robert T. 

SEPTEMBER 27, 2005 

Reported with an amendment