FEMA Accountability Act of 2008

Bill: 110-s-2382
Sponsor: Sen. Pryor, Mark L. [D-AR]
Introduced: 2007-11-16 in the Senate
Policy area: Emergency Management
Subjects: Administrative procedure
Congress
Congressional reporting requirements
Disaster relief
Emergency housing
Environmental Protection
Environmental Protection Agency
Formaldehyde
Government Operations and Politics
Governmental investigations
Housing and Community Development
Law
Mobile homes
Storage
Surplus government property

Summary:
action_date: 2007-11-16
text: 
FEMA Accountability Act of 2007 - Directs the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) complete an assessment of the number of manufactured housing units necessary to stock to respond to disasters; and (2) establish and implement a well developed plan for permanently storing necessary manufactured housing units, selling or transferring usable surplus units, and disposing of unusable units. 

Authorizes the Administrator to exclude from the plan any travel trailer that may contain formaldehyde upon certifying that he or she is unable to determine the safe level of exposure to formaldehyde. Terminates such authority on the date the Administrator of the Environmental Protection Agency (EPA) promulgates regulations regarding formaldehyde exposure levels that are applicable to travel trailers.

action_date: 2008-09-11
text: 
FEMA Accountability Act of 2008 - Directs the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) complete an assessment to determine the number of temporary housing units purchased by FEMA that it needs to maintain in stock to respond appropriately to major disasters; and (2) establish criteria for determining whether individual temporary housing units stored by FEMA are in usable condition, including appropriate criteria for formaldehyde testing and exposure.
 
Requires the Administrator to establish and implement a plan for: (1) storing the number of temporary housing units that the Administrator has determined that FEMA needs to maintain in stock; (2) selling, transferring, or otherwise disposing of such units in FEMA's inventory that are in excess of that number and in usable condition; and (3) disposing of such units that are determined not to be in usable condition. 
 
Makes the plan subject to Robert T. Stafford Disaster Relief and Emergency Assistance Act disposal requirements and other applicable law.
 
Directs the Administrator to report to specified congressional committees on the status of the distribution, sale, transfer, or other disposal of unused temporary housing units purchased by FEMA.

action_date: 2008-09-26
text: 
FEMA Accountability Act of 2008 - Directs the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) establish criteria for determining whether individual temporary housing units stored by FEMA are in usable condition, including criteria for formaldehyde testing and exposure; (2) complete an assessment to determine the number of units FEMA needs in stock to respond appropriately to major disasters; and (3) implement a plan to store such number of units, to sell or transfer excess units in usable condition, and to dispose of units not in usable condition. 

Makes the plan subject to Robert T. Stafford Disaster Relief and Emergency Assistance Act disposal requirements and other applicable law. Directs the Administrator to report to the appropriate congressional committees on the status of the distribution, sale, transfer, or other disposal of unused units.

action_date: 2008-09-29
text: 
Directs the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) establish criteria for determining whether individual temporary housing units stored by FEMA are in usable condition; (2) complete an assessment to determine the number of units FEMA needs in stock to respond appropriately to major disasters; and (3) implement a plan to store such number of units, to sell, transfer, or donate excess units in usable condition, and to dispose of units not in usable condition. 
 
Makes the plan subject to Robert T. Stafford Disaster Relief and Emergency Assistance Act disposal requirements and other applicable law. Directs the Administrator to report to the appropriate congressional committees on the status of the distribution, sale, transfer, or other disposal of unused units. Makes any sale, transfer, donation, or disposal of a unit under the plan subject to Stafford Act disposal requirements and other applicable law, except with respect to such sale or other actions to states, other governmental entities, and voluntary organizations for the purpose of providing temporary housing to victims of incidents caused by hazards that do not result in a declaration of a major disaster or emergency by the President if the governor of the affected state certifies that there is an urgent need for the units and the state is unable to provide such units in a timely manner. Directs the Administrator to report to the appropriate congressional committees on the status of the distribution, sale, transfer, donation, or other disposal of units.
 
(Sec. 2) Directs the President, acting through the FEMA Administrator, in providing in lieu contributions for damages suffered in Louisiana and Mississippi as a result of Hurricanes Katrina and Rita (covered hurricane damages), to provide that the federal share of the estimated cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses for both public facilities and private nonprofit facilities shall be 90%.

Authorizes and encourages the President to use alternative dispute resolution (ADR) procedures for appeals of decisions made under the Stafford Act 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. Requires the President to: (1) provide to such entity written notice of a denial of a request to use ADR procedures for an appeal; and (2) submit quarterly reports to specified committees on denials, a report on how ADR procedures are being used and recommendations on whether the President should be given the authority to use such procedures on a permanent basis, and a report regarding the status of recovery for Louisiana and Mississippi from Hurricanes Katrina and Rita. Authorizes the President to use simplified procedures for covered hurricane damages if requested by such entity for a project for which the federal estimate of the cost is less than $100,000.

(Sec. 3) Authorizes the President to provide case management services or assistance under the Stafford Act for victims of any major disaster relating to Hurricanes Katrina or Rita.

(Sec. 4) Directs the Administrator to review, update, and revise the individual assistance factors considered to measure the severity, magnitude, and impact of a disaster.


Legislative actions:
action_date: 2008-09-30
text: Message on House action received in Senate and at desk: House amendment to Senate bill.
action_date: 2008-09-29
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-09-29
text: On passage Passed without objection.
action_date: 2008-09-29
text: Passed/agreed to in House: On passage Passed without objection.
action_date: 2008-09-29
text: Considered by unanimous consent. (consideration: CR H10615-10618)
action_date: 2008-09-29
text: Mr. Rahall asked unanimous consent to discharge from committee and consider.
action_date: 2008-09-29
text: Committee on Transportation discharged.
action_date: 2008-09-29
text: Committee on Transportation discharged.
action_date: 2008-09-26
text: Referred to the House Committee on Transportation and Infrastructure.
action_date: 2008-09-26
text: Message on Senate action sent to the House.
action_date: 2008-09-26
text: Received in the House.
action_date: 2008-09-26
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2008-09-26
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2008-09-26
text: The committee substitute as amended agreed to by Unanimous Consent.
action_date: 2008-09-26
text: Measure laid before Senate by unanimous consent. (consideration: CR S9604-9605;text of measure as reported in Senate: CR S9605)
action_date: 2008-09-11
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 951.
action_date: 2008-09-11
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 110-453.
action_date: 2008-09-11
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 110-453.
action_date: 2008-06-25
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2007-11-16
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2007-11-16
text: Introduced in Senate