HR 3247 RFS

October 30, 2007CommentsClose CommentsPermalink

Received; read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

To improve the provision of disaster assistance for Hurricanes Katrina and Rita, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `‘Hurricanes Katrina and Rita Recovery Facilitation Act of 2007'8’. CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act, the following definitions apply: CommentsClose CommentsPermalink





(1) COVERED HURRICANE DAMAGES- The term `‘covered hurricane damages'’ means damages suffered in the States of Louisiana and of Louisiana or the State of Mississippi as a result of Hurricanes Katrina and Rita Katrina of 2005 or Hurricane Rita of 2005. CommentsClose CommentsPermalink





(2) MAJOR DISASTER- The term ‘major disaster’ has the meaning given that term in section 102 of the Stafford Act (42 U.S.C. 5122). CommentsClose CommentsPermalink





(3) PRESIDENT- The term `President'‘President’ means the President acting through the Administrator of the Federal Emergency Management Agency. CommentsClose CommentsPermalink





(34) STAFFORD ACT- The term `Stafford Act'‘Stafford Act’ means the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). CommentsClose CommentsPermalink

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 inunder paragraphs (1)(A) and (2)(A) of such section. CommentsClose CommentsPermalink





(b) Participation in Pilot Projectsgram- The States of Louisiana and Mississippi and local governments in such States shall be eligible to participate in the pilot program established by section 689junder section 689i of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 777) with respect to covered hurricane damages6) shall apply to any assistance that-- CommentsClose CommentsPermalink





(1) is being provided under any major disaster declaration relating to Hurricane Katrina of 2005 or Hurricane Rita of 2005; and CommentsClose CommentsPermalink





(2) otherwise qualifies for participation under such pilot program. CommentsClose CommentsPermalink





(c) Alternative Dispute Resolution Procedures- CommentsClose CommentsPermalink





(1) AUTHORIZATION- CommentsClose CommentsPermalink





(A) IN GENERAL- Notwithstanding section 423 of the Stafford Act (42 U.S.C. 5189a) or any regulation, the Presidentother provision of law, 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)n appeal described in subparagraph (B). CommentsClose CommentsPermalink





(B) APPEALS- An appeal described in this subparagraph is an appeal of a decision 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 under section 403, 406, or 407 of the Stafford Act (42 U.S.C. 5170b, 5172, and 5173) for a project the total amount of which is more than $500,000. CommentsClose CommentsPermalink





(2) DENIALS OF REQUESTS- CommentsClose CommentsPermalink





(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 todescribed in 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. CommentsClose CommentsPermalink





(B) QUARTERLYANNUAL 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 quarterlyn annual 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. CommentsClose CommentsPermalink





(3) APPLICABILITY- Paragraph (1) shall apply to an appeal made by a State, local government, or owner or operator of a private facility withinot later than 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. CommentsClose CommentsPermalink





(4) REPORT TO CONGRESS- Not later than one1 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 tounder 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. CommentsClose CommentsPermalink





(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, use the procedures under 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. CommentsClose CommentsPermalink





(fe) Use of Temporary Housing Units To Provide Housing to Volunteers- CommentsClose CommentsPermalink





(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 that are determined to be safe for occupancy through appropriate testing and are 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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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 a public facility used to host public events;(C) costs incurred for necessary materials provided to evacuees of Hurricane Katrina or Rita in a public facility used to host public events; and(D) the reasonable costs of renting or leasing a public facility used to host public events that was used for conducting response activities for Hurricane Katrina or Rita.(2) LIMITATIONS-(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.(C) CONTRIBUTIONS FOR REASONABLE COSTS OF RENTING OR LEASING- Contributions made under paragraph (1)(D) shall be limited to the reasonable costs of renting or leasing the facility during the period beginning on August 29, 2005, and ending on January 6, 2006.(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.(hf) 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 Governmental 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 Katrina of 2005 and Hurricane Rita of 2005. CommentsClose CommentsPermalink

(a) In General- Notwithstanding any other provision of law, and not later than 30 days after the date of submission of a request for a single payment, the President shall provide a single payment for any eligible costs under section 406 of the Stafford Act (42 U.S.C. 5172) for any type of facility described in subsection (d) of this section that was damaged by Hurricane Katrina of 2005 or Hurricane Rita of 2005. CommentsClose CommentsPermalink





(b) Alternate Use- CommentsClose CommentsPermalink





(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 ActNotwithstanding section 3, the President shall not reduce the amount of assistance provided under section 406(c)(1) of the Stafford Act (42 U.S.C. 5172(c)(1)) for a type of facility described in subsection (d) of this section that was damaged by Hurricane Katrina of 2005 or Hurricane Rita of 2005. CommentsClose CommentsPermalink





(2) RULE OF CONSTRUCTION- Nothing in this subsection may contribute toward the non-Federal share of assistance under section 404be construed to alter the appeals or review process relating to assistance provided under section 406 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) otherwise2). CommentsClose CommentsPermalink





(c) Flood Assistance- The President shall not reduce the amount of assistance provided to a local government under section 406(d) of the Stafford Act (42 U.S.C. 5172(d)) more than once for each type of facility described in subsection (d) of this section for which that local government 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) APPLICATIONSreceiving assistance under section 406 of the Stafford Act relating to Hurricane Katrina of 2005 or Hurricane Rita of 2005. CommentsClose CommentsPermalink





(d) Types of Facilities- The States of Louisiana and Mississippitypes of facilities described in this subsection are a fire station, police station, or criminal justice facility. CommentsClose CommentsPermalink

The President may submit an application to the President under section 404 of the Stafford Act with respect toprovide services or assistance under section 426 of the Stafford Act (42 U.S.C. 5189d) for victims of any project described in paragraph (1).Passed the House of Representatives October 29, 2007.Attest:LORRAINE C. MILLER,Clerk.major disaster relating to Hurricane Katrina of 2005 or Hurricane Rita of 2005. CommentsClose CommentsPermalink