[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4139 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4139
To minimize harm to populations impacted by the release of
environmental contaminants, hazardous materials or infectious materials
in the aftermath of Hurricanes Katrina and Rita by providing for a
Comprehensive Environmental Sampling and Toxicity Assessment Plan
(CESTAP) to assess and monitor air, water, soil and human populations,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 25, 2005
Ms. McKinney introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure, the Budget, and Education and the
Workforce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To minimize harm to populations impacted by the release of
environmental contaminants, hazardous materials or infectious materials
in the aftermath of Hurricanes Katrina and Rita by providing for a
Comprehensive Environmental Sampling and Toxicity Assessment Plan
(CESTAP) to assess and monitor air, water, soil and human populations,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
Sec. 1. Table of contents.
TITLE I--EMERGENCY ENVIRONMENTAL PROTECTION
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Purposes.
Sec. 104. Environmental assessment, cleanup, and right-to-know
requirements.
Sec. 105. Definitions.
Sec. 106. Comprehensive plan.
Sec. 107. Notification of public and professionals.
Sec. 108. Training for responders and clean-up workers.
Sec. 109. Public health assessment and monitoring.
Sec. 110. Independent advisory and review board.
Sec. 111. Authorization of appropriations.
Sec. 112. Expiration.
TITLE II--BUILDING HABITABILITY
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Purposes.
Sec. 204. Definitions.
Sec. 205. Abatement and inspection grants.
Sec. 206. Threshold limit values.
Sec. 207. Guidance for evaluation and abatement of mold.
Sec. 208. Contractor training and certification.
Sec. 209. Treatment.
Sec. 210. Authorization of appropriations.
TITLE III--FUNDING
Sec. 301. Funding.
TITLE I--EMERGENCY ENVIRONMENTAL PROTECTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Gulf Coast Hurricane Emergency
Environmental Protection Act of 2005''.
SEC. 102. FINDINGS.
Congress finds that--
(1) Hurricane Katrina, which struck the coasts of
Louisiana, Mississippi and Alabama on August 29, 2005--
(A) was the first event to be declared an
``Incident of National Significance'' by the Director
of Homeland Security, as empowered to do so under the
National Response Plan and under the National Response
Plan, the first priority listed in the event of an
Incident of National Significance is ``to save lives
and protect the health and safety of the public,
resources and recovery workers'';
(B) struck 466 facilities handling large quantities
of dangerous chemicals, 31 hazardous waste sites along
the Gulf Coast, and 16 superfund toxic waste sites, 3
of which were flooded, being in the environs of the
City of New Orleans; and
(C) initially destroyed or compromised 170 drinking
water facilities and 47 public owned wastewater
treatment works along the affected Gulf Coast region.
(2) In the aftermath of Hurricane Katrina--
(A) a mandatory evacuation was declared for the
City of New Orleans in the aftermath of Hurricane
Katrina as a response to the threat to public health
from contaminants and chemical spills mixing with the
floodwaters;
(B) among the known contaminants and toxins that
mixed with the floodwaters in New Orleans, are: oil,
gasoline, hexavalent chromium, mercury, arsenic,
chloroacetic acid, fecal bacteria including E. coli,
household hazardous wastes, pesticides and unattended
corpses of the dead;
(C) the United States Coast Guard reported more
than 7 million gallons of oil and between 1 and 2
million gallons of gasoline from plants and depots in
southeast Louisiana were spilled as a result of the
hurricane;
(D) spills of oil and other toxic chemicals pose a
particularly serious public health threat when they dry
and become airborne as invisible, breathable
particulates;
(E) the flooded Superfund sites in Louisiana and
Mississippi contained contaminants that include heavy
metals associated with developmental problems and
increased risk of cancer, and polycyclic aromatic
hydrocarbons, which are known carcinogens;
(F) independent researchers have reported
environmental contaminants such as arsenic,
benzo(a)pyrene and petroleum hydrocarbons exceeding
Environmental Protection Agency and Louisiana
Department of Environmental Quality Standards present
in a one eighth inch layer of visibly distinct sediment
covering most ground surfaces after the removal of
floodwaters from New Orleans and environs.
(3) Hurricane Rita, which struck the coasts of Texas and
Louisiana on September 24th, 2005--
(A) did little damage to cities or oil refineries,
but devastated many rural communities;
(B) caused significant flooding in rural areas and
in some areas exacerbated rural flooding initially
resulting from Hurricane Katrina; and
(C) caused significant damage to hospitals.
(4) New Orleans hosts several Level-3 biolabs, including a
bioweapons research lab at Tulane University, which pose a
major public health risk should any research pathogens escaped
into the environment as a result of the hurricane and resultant
flooding and power outages, posing the risk of breach of
container seals, escape of test subject animals or distribution
of drowned test subject animals by floodwaters.
(5) The Mississippi delta--
(A) is America's tropical region and has
historically played host to a long list of infectious
microbial diseases that are rare to develop in other
parts of the United States.
(B) was the point of entry for several massive
Yellow Fever epidemics that swept the Americas in the
nineteenth century.
(6) The centers for disease control--
(A) warned prior to the hurricanes Katrina and Rita
of the dangers of vibrio cholerae, vibrio vulnificus
and other gastrointestinal organisms living in algal
blooms or carried by fish or shellfish; and
(B) reported five deaths from vibrio vulnificus in
the first week after Hurricane Katrina struck the Gulf
Coast.
(7) The Environmental Protection Agency has yet to publicly
issue a broad strategic plan for dealing with the post-
hurricane environmental clean-up and public safety, detailing
goals and methods of achieving them.
(8) Residents of New Orleans and the affected Gulf Coast
areas have demonstrated their desire and determination to
return to their homes.
(9) Hundreds of thousands of disaster responders and
returning residents are being allowed into damaged areas
without receiving sufficient warnings or information about
levels of contamination, health risks or necessary precautions.
(10) Residents in affected areas have yet to be provided
protective gear to prevent harmful exposures, and the Federal
Emergency Management Agency has declined requests to fund local
initiatives to do so
(11) Returning residents and responders are already
reporting widespread cases of respiratory problems, asthmas and
skin rashes.
(12) Thousands of workers involved in the clean-up in the
aftermath of the collapse of the World Trade Center towers on
September 11, 2001, hundreds of whom are now disabled as a
result of those exposures, might have been spared from harm had
responsible government agencies issued sufficient health and
safety warnings regarding the potential toxicity of airborne
debris.
(13) With sufficient government testing, warning and
support, the people of the Gulf Coast region could be protected
from similar dangers arising from the above-mentioned post-
hurricane environmental hazards.
(14) The Federal Government should take a leadership role
in protecting the public from environmental contaminants and
infectious materials that pose a threat to public health and
safety.
SEC. 103. PURPOSES.
The purposes of this title are:
(1) To establish a plan--
(A) to test, assess and aggregate collected data to
determine the location and level of threat to public
health and safety from environmental contaminants and
hazardous materials released into the environment as a
result of hurricanes Katrina and Rita, and resultant
flooding;
(B) to ensure that returning residents, responders
and clean-up crews as well as government officials are
informed of these threats to public health and safety
and have access to the information and equipment
necessary to minimize or eliminate that threat;
(C) to ensure that responders and clean-up crews
are properly trained and equipped for their mission;
and
(D) to ensure that the threat from environmental
contaminants and hazardous materials is removed through
environmental clean-up.
(2) To help set common standards for the environmental
clean-up process across agencies and levels of government.
SEC. 104. ENVIRONMENTAL ASSESSMENT, CLEANUP, AND RIGHT-TO-KNOW
REQUIREMENTS.
(a) Assessment and Cleanup Funding for Superfund and Other
Hazardous Sites.--
(1) In general.--The Administrator of the Environmental
Protection Agency (referred to in this title as the
``Administrator'') shall use funds appropriated under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) and funds provided to the
Administrator in response to Hurricane Katrina for--
(A) cleanup activities (including response actions
in accordance with the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42
U.S.C. 9601 et seq.) and corrective actions in
accordance with the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.));
(B) reconstruction and rehabilitation of drinking
water supplies and wastewater treatment plants; and
(C) addressing potential or actual threats to human
health or the environment arising from or relating to
Hurricane Katrina.
(2) Priority.--
(A) In general.--The Administrator shall prioritize
cleanup activities to be conducted under this
subsection based on the risks posed by a particular
area in which the activities are to be conducted to
human health or the environment.
(B) Risk identification.--The Adminstrator shall
identify major sources of environmental contamination,
or environmental ``hot spots'', including facilities of
concern, and use zoning procedures as one method of
identifying priority targets:
(i) of concern for public health and
safety; and
(ii) for clean-up procedures.
(C) Source of funds.--In carrying out this
subsection, the Administrator shall use amounts
appropriated under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.) and amounts appropriated to the Administrator in
response to Hurricane Katrina before using amounts made
generally available to the Administrator.
(3) Applicable standards and requirements.--Any activity or
evaluation carried out under this subsection shall be subject
to the same standards and requirements (including requirements
relating to the use of funds) as are applicable to programs
carried out using funds of the Environmental Protection Agency.
SEC. 105. DEFINITIONS.
In this title:
(1) Environmental contaminant.--The term ``environmental
contaminant'' means
(A) any hazardous substance regulated under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
(B) any solid waste regulated under the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
(2) Hazardous material.--
(A) In general.--The term ``hazardous material''
means--
(i) a hazardous substance (as defined in
section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601));
(ii) a petroleum-based substance; and
(iii) an industrial or commercial chemical.
(B) Included in term.--The term ``hazardous
material'' includes--
(i) a petroleum-based product;
(ii) a metal;
(iii) a volatile or semi-volatile organic
compound;
(iv) a pesticide;
(v) an herbicide;
(vi) a polychlorinated biphenyl; and
(vii) any biological material in
floodwater, surface water, sediment, or soil
that may threaten human health or the
environment.
(3) Infectious material.--The term ``infectious material''
means each of the following:
(A) Any organism that is capable of producing
infection or infectious disease, such as a bacteria,
fungus, parasite, protozoan or virus.
(B) Any strain of a potentially virulent virus or
other disease that was the subject of study and
experimentation at one of several level 3 bioresearch
labs located in the regions affected by recent
hurricanes and flooding.
(C) Any carrier acting as a vector for spreading
infectious organisms or virulent diseases, or both,
such as a decaying corpse, or a living non-human agent
such as an infected rodent or an escaped laboratory
test animal.
(4) Facility of concern.--The term ``facility of concern''
means--
(A) a chemical, petroleum, or other facility that
is subject to the chemical accident prevention program
under section 112(r) of the Clean Air Act (42 U.S.C.
7412(r));
(B) a site on the National Priorities List
developed by the President in accordance with section
105(a)(8)(B) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9605(a)(8)(B)) (including such a site for which
corrective action is ordered under that Act);
(C) a site for which the Administrator or a State
has ordered corrective action in accordance with
section 3004(u) or 3008(h) of the Solid Waste Disposal
Act (42 U.S.C. 6924(u); 6428(h));
(D) a hazardous waste generation, treatment,
storage, or disposal facility subject to regulation
under subtitle C of the Solid Waste Disposal Act (42
U.S.C. 6921 et seq.);
(E) a surface impoundment;
(F) an aboveground storage tank;
(G) an underground storage tank (as defined in
section 9001 of the Solid Waste Disposal Act (42 U.S.C.
6991)); and
(H) a railcar or tanker truck used to transport a
hazardous constituent.
(5) Release.--The term ``release'' has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(6) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
SEC. 106. COMPREHENSIVE PLAN.
(a) Development.--
(1) Planning.--Immediately after the enactment of this Act,
the Administrator of the Environmental Protection Agency, in
coordination with the appropriate agencies of the Department of
Health and Human Services and in consultation with the
Governors of Louisiana, Mississippi, Alabama and Texas as well
as appropriate State and local public health and safety
agencies, shall develop a Comprehensive Environmental Sampling
and Toxicity Assessment Plan (CESTAP) to determine the
immediate and long-term hazards posed by exposure to
environmental contaminants, hazardous materials or infectious
materials released into the environment as a result of the
hurricanes and resultant flooding.
(2) Comprehensive testing.--The CESTAP shall include
comprehensive testing by sampling and analysis involves
sampling and monitoring:
(A) soil;
(B) water;
(C) air; and
(D) human populations
in order to determine the presence, volume, and potential
distribution vectors of any environmental contaminant,
hazardous material or infectious material.
(3) Aggregation and assessment.--Using data gathered
pursuant to the CESTAP, the Administrator shall--
(A) aggregate the data to identify:
(i) environmental ``hot spots,'';
(ii) known and potential toxicological
threats; and
(iii) public health trends;
(B) assess the short-term, ongoing, and long-term
human health risks (including cancer and noncancer
health effects) from all routes of exposure associated
with contaminant concentrations in floodwater, surface
water, sediment, and soil, including any contamination
that may remain in that water, sediment, or soil
(including Lake Pontchartrain and soil in areas
affected by Hurricane Katrina); and
(C) include in the assessment under clause (i) a
targeted analysis of risks to--
(i) sensitive subpopulations (such as
children, pregnant women, the elderly, and
people with impaired immune systems); and
(ii) low-income and minority communities.
(4) Notification.--(A) The results should be used to alert
State and local officials, including health and public safety
officials.
(B) The results should also be made available to the public
and used in a public information campaign to aggressively
distribute information about public safety threats to the
public.
(C) Given the high potential for a public health disaster
under circumstances of multiple releases of toxic and hazardous
substances into the environment and the complex mixing of such
materials in floodwaters, the Administrator is charged with
setting up the first line of defense against immediate and
long-term threats to public safety by ensuring that all
existing Federal and State environmental and work safety
standards are diligently observed.
(b) Clean-Up.--The CESTAP shall include provisions to expedite the
clean-up, removal or elimination of those environmental contaminants,
hazardous materials and infectious materials, identified under the
plan, which pose risks to public health. The Administrator shall
prioritize cleanup activities to be conducted under this subsection
based on the risks posed by a particular area in which the activities
are to be conducted to human health or the environment.
(c) Coordination.--(1) The CESTAP shall encompass and be
coordinated with existing sampling, assessment and cleanup efforts by
Federal, State and local agencies.
(2) Given the scope of the types of testing necessary to the task,
the multiple regions affected and the pressing need for haste, the work
of independent, professional researchers with established credentials
shall not be ignored. Such work of citizen researchers, motivated by
the same desire as the government to protect their fellow citizens from
harm, shall be utilized by government officials in their work to guide
them to the potentially most hazardous geographic sites and potential
public health emergencies.
(d) Zoning.--
(1) Right of return.--The Department of Homeland Security,
the Federal Emergency Management Agency and the Environmental
Protection Agency shall each allow and assist residents to
return to their homes or to lay claim to their property, and in
handling the relief and rehabilitation efforts in the Gulf
region should be guided by this principle.
(2) Right to know the risks.--Federal and State agencies
bear a responsibility to the hurricane victims to inform them
about the known and possible health risks they may face upon
returning to their domicile, as well to inform them on how they
can best protect themselves and where they can obtain the
necessary equipment and materials to do so, and to prevent
residents from returning to areas where the health risks are
too severe.
(3) Setting standards.--The principles set forth in
paragraphs (1) and (2) shall be balanced against one another.
The Environmental Protection Agency has a key role to play in
setting safety standards to help bring concert to the work of
various Federal, State and local officials, in determining
which areas remain too unsafe for residents to return.
(A) Zones of safety.--The Administrator shall have
the authority to define zones of safety, including:
(i) ``KEEP OUT'' zones that remain unsafe
for residents to return, even where other
agencies have declared them safe from flooding
or hazardous debris such as downed power lines;
(ii) ``AT YOUR OWN RISK'' zones where
safety risks are uncertain, or can be
controlled with proper information and
equipment (where said information and equipment
is made available to residents); and
(iii) ``LOW RISK'' zones where the risk
level is considered minimal, but where
residents and visitors are nevertheless
provided with information on what risks do
exist and what measures they can take to
minimize them.
(B) Safety over speculation.--The government's
obligations set forth in paragraphs (1) and (2) shall
not apply in the same way to private interests or
businesses who are not in the condition of having no
home to return to.
(C) Buyers.--The United States shall protect the
public and consumers from immediate and long-term
health risks by requiring those public and private
buyers of property in potentially contaminated areas
who possessed no title to said land prior to the
hurricane, to obtain certification of a comprehensive
inspection for environmental quality, public health
safety as well as compliance with local historical
preservation laws prior to commencement of new
construction or re-sale of real estate. The
Administrator shall determine areas subject by this
clause and shall work with the Centers for Disease
Control and Prevention as well as State, local, and
community governments to establish inspection and
certification procedures. The Administrator shall
develop standards for such inspection procedures, in
cooperation with State and local officials, including
local health and public safety agencies. These
standards are to be included in the overall CESTAP Plan
provided under this section. The certification program
and the standards of inspection shall be organized in
conjunction with the establishment of standards for
accreditation and training programs for contractors,
supervisors, inspectors and other workers as set forth
in section 208 of this Act
(e) Notice to Congress.--
(1) Initial notice.--Not later than 14 days after the date
of the enactment of this Act, the Administrator shall submit to
the Committees on Transportation and Infrastructure and Energy
and Commerce of the House of Representatives and to the
Committee on Environment and Public Works of the Senate an
initial draft of the comprehensive plan, along with a progress
report on the current state of the environmental testing,
assessment, clean-up and public safety efforts in the
hurricane-devastated regions of the Gulf Coast.
(2) Subsequent notifications.--Not later than 30 days after
the date on which the Administrator submits the initial plan
and progress report under paragraph (1), and every 30 days
thereafter, the Administrator shall submit to the committees
referred to in paragraph (1) a subsequent progress report,
covering:
(A) sampling and toxicity assessment results on a
region-by-region basis;
(B) ongoing and revised planning for notifying
potentially affected populations and providing proper
training and equipment for handling dangerous
substances;
(C) results of public health assessment and
monitoring studies, including any reports indicating
illnesses possibly resulting from exposure to
infectious materials released in the hurricane or local
epidemics or outbreaks of disease from contagions;
(D) any response actions undertaken in response to
those releases;
(E) the cost of each such response action; and
(F) comprehensive costs that will likely be
incurred in conducting future assessment and cleanup
actions relating to Hurricane Katrina.
(3) Addressing disease.--In his initial report, the
Administrator shall--
(A) for inclusion in the Initial Notice under
paragraph (1), request from the Director of the
Department of Health and Human Services (DHHS) a status
report on the work of agencies within the DHHS which
are overseeing efforts to identify and prevent
outbreaks of infections diseases in the Gulf Coast
region affected by hurricanes and flooding;
(B) for inclusion in the Initial Notice under
paragraph (1), request from the Director of the
Department of Energy and Minister of Defense a report
on the status of the three level 3 bioresearch labs
affected by Hurricane Katrina, and any risk to public
health resulting from the release of pathogens or test
animals into the environment; and
(C) include in Subsequent Notifications under
paragraph (2), further status reports from these
Departments, as needed to track any identified threats
to public health from infectious materials or actual
outbreaks of disease.
(4) Public availability and participation.--The
Administrator shall--
(A) make the report under this subsection available
to--
(i) the public; and
(ii) the Chairman and ranking Member of
each committee of Congress with oversight
jurisdiction over the Environmental Protection
Agency; and
(B) in preparing and updating the report, solicit
information from facility employees, community members,
and other knowledgeable individuals with respect to
matters covered by the report.
(f) Annual Review.--No later than 1 year after the date of the
enactment of this Act, the Administrator shall submit to the Committees
on Transportation and Infrastructure and Energy and Commerce of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report describing--
(1) what known and potential threats to public health and
safety, immediate and long-term, were identified under the
CESTAP;
(2) details of efforts to inform and alert the public and
government officials of identified threats, and evaluation of
their effectiveness;
(3) results of efforts to ensure the safety of responders
and clean-up crews,and evaluation of their effectiveness;
(4) results of immediate intervention and on-going
monitoring of public health, including the health of
responders, clean-up crews and government officials present in
affected areas, and evaluation of their effectiveness;
(5) an overall assessment of--
(A) how the threat to public health has been
managed;
(B) what threats to public health still remain;
(C) what existing programs must continue in order
to address remaining threats; and
(6) additional recommendations for action on problems that
have either not been adequately addressed or have yet to be
addressed.
SEC. 107. NOTIFICATION OF PUBLIC AND PROFESSIONALS.
(a) Emergency Notification.--
(1) Highest risk areas.--The Administrator shall take
immediate action to ensure that contaminated areas that have
already been identified as posing the highest risk to human
health are properly marked with warning signs, and will advise
and coordinate access to such areas local and on-site police
and law enforcement officials. The Administrator will also
ensure that public and health officials from the surrounding
region are provided with detailed information about the dangers
posed by the area of contamination. This being of the highest
priority, the Administrator shall not wait for the first draft
of the CESTAP plan before acting.
(2) Airborne contaminants.--The Administrator shall take
immediate action to ensure that the population in areas subject
to potential health risks from airborne contaminants are made
aware of the dangers they face through a public information
campaign, with literature to be provided to and disseminated by
State and local officials, and where their capacity is lacking,
by Federal agencies. This being of the highest priority, the
Administrator shall not wait for the first draft of the CESTAP
plan before acting.
(b) Transparency.--
(1) Information campaign.--A major component of the CESTAP
plan shall be a pro-active information campaign as part of an
effort to produce and disseminate information in the form of
literature, web postings and public service announcements
providing affected populations with clear and concise warnings
about the potential hazards they face.
(2) Regular updates.--The Administrator shall ensure that
the campaign is on-going, providing the public with new
information as it becomes available.
(3) Notifying officials.--The Administrator shall ensure
that this information campaign includes the provision of
detailed information, in print and through direct consultation,
to officials overseeing disaster relief, rehabilitation and
clean-up.
(c) Coherency.--
(1) Providing means of protection.--The public information
campaigns referred to in subsection (b) shall be coordinated in
conjunction with efforts to supply relevant safety equipment
(from hazmat suits to rubber gloves and cleaning solutions) to
affected populations and working crews.
(2) Inter-agency cooperation.--The Administrator shall
develop the CESTAP plan by--
(A) identifying and tapping available resources and
manpower of agencies other than the Environmental
Protection Agency, while at the same time,
(B) combining efforts as much as possible with
those agencies to be so tapped, through such measures
as--
(i) setting up joint information campaigns
where possible;
(ii) identifying teams of agencies who will
be working in high risk areas and provisioning
the necessary protective gear; and in general
(iii) seeking wherever possible to avoid
unnecessary duplication of effort.
SEC. 108. TRAINING FOR RESPONDERS AND CLEAN-UP WORKERS.
(a) Planning and Execution.--
(1) Responders health and safety program.--Within the
CESTAP there shall be a program designed to protect that health
and safety of responders and clean-up crews specifically in
relation to contaminants, hazardous materials or infectious
materials.
(2) Inter-agency coordination.--The Administrator shall
coordinate this program with each of the following agencies:
(A) The Occupational Safety and Health
Administration, which shall be responsible for ensuring
the health and safety of disaster responders and clean-
up crews in cooperation with Federal, State, and local
officials and private sector organizations.
(B) The Department of Labor, which shall be
responsible for coordinating a response plan to address
worker health and safety issues.
(C) The National Institute of Occupational Safety
and Health, which shall be ready to provide health and
safety training to responders and clean-up crews.
(b) Emergency Training.--
(1) Guidelines.--The Administrator shall include in the
CESTAP, guidelines to ensure that--
(A) worksites and areas where responders and clean-
up crews are to be sent are subject to a full
environmental assessment and identification of hazards
through onsite evaluation and monitoring and
identification of workers likely to be facing high risk
of hazardous exposures;
(B) relief, reconstruction and clean-up workers of
all contributing agencies--
(i) are properly informed of the
environmental hazards they may face in their
work;
(ii) are provided proper training in
handling toxic materials;
(iii) are provided with the proper
protective equipment (such as respirators to
protect against airborne toxins), and
guidelines and training for using them; and
(iv) receive proper immunizations, where
necessary and appropriate;
(C) mechanisms are in place to provide equal
protection from environmental and health hazards to
State and local public employees not covered by
regulations of the Occupational Safety and Health
Administration; and
(D) these efforts are coordinated in close
collaboration with local employers, unions and safety
and health professionals.
(2) Advance planning.--Some advance planning for such
trainings will be required in order for the trainings to be
meaningful to untrained, low-income and immigrant workers who
may have limited English language skills.
(c) Priority to Residents.--The Administrator shall ensure that
qualified residents returning to New Orleans and hurricane-affected
areas, and who are faced with the job loss are given priority in new
hirings for positions involved in ongoing sampling and assessment of
the environment.
SEC. 109. PUBLIC HEALTH ASSESSMENT AND MONITORING.
(a) Early Intervention.--
(1) Immediate human health assessment.--The Administrator
shall seek to include in the CESTAP plan an immediate public
health assessment of--
(A) populations remaining in or returning to areas
of known or potential exposure to environmental
contaminants, hazardous materials or infectious
materials, and
(B) relief, rehabilitation and clean-up workers
working in areas known to be at risk.
(2) Purpose.--The purpose of such immediate interventions
is--
(A) to identify any epidemiological outbreaks or
toxological trends in the population; and
(B) as a means of
(i) screening for hazards missed by other
forms of environmental sampling;
(ii) alerting relevant health officials to
addressing the problem; and
(iii) setting a base-line for long-term
monitoring.
(b) Long-Term Monitoring.--The CESTAP plan shall include provisions
for periodic follow-up studies, no more than a year apart, to assess
the ongoing and long-term health impacts of environmental contaminants,
hazardous or infectious materials that were or may have been released
into the environment as a result of the impact of Hurricane Katrina.
SEC. 110. INDEPENDENT ADVISORY AND REVIEW BOARD.
(a) Establishment.--In order to ensure maximum consonance with
efforts of residences of affected areas and cities to rebuild their
homes, businesses and communities, an Independent Advisory and Review
Board (IARB) shall be established, and shall be comprised of--
(1) 3 professionals who can share expert scientific and
environmental knowledge with the Administrator and officials
involved in carrying out the CESTAP;
(2) 3 respected community leaders capable of providing to
the Administrator and officials involved in carrying out the
CESTAP first-hand knowledge of--
(A) State, local, and community resources and
organizational capacities;
(B) existing plans and efforts by State, local, and
community to rebuild their communities as well as to
deal with discovered environmental contaminants and
hazardous materials; and
(C) the priorities and concerns of affected
populations;
(3) 3 officials from State and local government; and
(4) 3 State and local public health and safety officials.
(b) Nominations.--Nominations shall be solicited from--
(1) local and national scientific and environmental non-
governmental organizations;
(2) civic bodies and community organizations in the
affected cities, States and regions;
(3) State, local, and community government bodies;
(4) State and local public health and safety bodies; and
(5) the Administrator shall call a meeting of
representatives from the nominating bodies, who will select or
elect a Board from the nominees.
(c) Duties.--
(1) Advisory role.--The Board shall provide advice and
recommendations to the Administrator for the purposes of
carrying out this Act.
(2) Chairperson.--The Board shall select a Chairperson, who
shall vote only in the event of a tie.
(3) Periodic review.--The IARB shall issue periodic reports
no less frequently than quarterly, assessing the progress of
the CESTAP, with specific reference to--
(A) previous or on-going threats to public health
that the CESTAP failed to identify or to adequately
address;
(B) the effectiveness of efforts under CESTAP to
protect residents, responders and clean-up workers
through providing information, training and safety
equipment; and
(C) implementation of the CESTAP in coordination
with State, local, and community government and
nongovermental bodies, including suggestions for
further improvement.
(4) Annual review.--No later than 1 year from the date this
Act open hearings before Congress shall be held to review the
progress of the CESTAP, inviting members of the IARB to report
their findings, as well as the Administrator and officials
involved in carrying out the CESTAP to present their findings.
Subsequent hearings shall be held annually until the expiration
of this Act.
(d) Restrictions.--No person may sit on the IARB who by holding
real estate investments in the regions affected by this Act and would
thereby stand to profit from actions taken under this Act or who is
directly employed in the administering of the CESTAP.
(e) Powers of the Board.--
(1) Hearings.--The Board may hold such hearings, sit and
act at such times and places, take such testimony, and receive
such evidence as the Board considers advisable to carry out
this section.
(2) Information from federal agencies.--The Board may
secure directly from any Federal department or agency such
information as the Board considers necessary to carry out this
section. Upon request of the Chairperson of the Board, the head
of such department or agency shall furnish such information to
the Board.
(3) Postal services.--The Board may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(4) Gifts.--The Board may accept, use, and dispose of gifts
or donations of services or property.
(f) Board Personnel Matters.--
(1) Compensation of members.--Each member of the Board who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Board. All members of the Board who are officers or employees
of the United States shall serve without compensation in
addition to that received for their services as officers or
employees of the United States.
(2) Travel expenses.--The members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Board.
(3) Staff.--
(A) In general.--The Chairperson of the Board may,
without regard to the civil service laws and
regulations, appoint and terminate an executive
director and such other additional personnel as may be
necessary to enable the Board to perform its duties.
The employment of an executive director shall be
subject to confirmation by the Board.
(B) Compensation.--The Chairperson of the Board may
fix the compensation of the executive director and
other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay
for the executive director and other personnel may not
exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(C) Personnel as federal employees.--
(i) In general.--The executive director and
any personnel of the Board who are employees
shall be employees under section 2105 of title
5, United States Code, for purposes of chapters
63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of
that title.
(ii) Members of board.--Paragraph (1) shall
not be construed to apply to members of the
Board.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Board without reimbursement,
and such detail shall be without interruption or loss of civil
service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Board may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
(g) Termination.--The Board shall terminate upon the expiration of
this Act.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to the Board to carry out this
section.
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
SEC. 112. EXPIRATION.
Unless otherwise extended by Congress, this Act and the CESTAP
shall automatically expire upon completion of he fifth annual hearings
to review the progress of the CESTAP to be completed after the
Administrator's fifth annual report to Congress.
TITLE II--BUILDING HABITABILITY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Habitability of Residential
Homes, Schools, and Commercial Buildings Affected by Hurricane Katrina
Act of 2005''.
SEC. 202. FINDINGS.
The Congress finds that--
(1) Hurricane Katrina--
(A) caused significant loss of life, disrupted the
supply of power, natural gas, and water, and affected
sewage treatment and road safety;
(B) destroyed hundreds of thousands of residential
homes, commercial buildings, and schools in the States
of Louisiana, Mississippi, and Alabama;
(C) caused an estimated 80 percent of residential
structures in the city of New Orleans to sustain flood
damage;
(D) presented serious environmental health issues
and threatened the public health through contamination
by toxic chemicals, sewage, solid waste, debris, and
gasoline; and
(E) continues to contribute to the growth of mold
in residential homes and other buildings in the States
of Louisiana, Mississippi, and Alabama through excess
moisture and standing water;
(2) many residential homes, commercial buildings, and
schools in those States contain mold, and have otherwise been
exposed to environmental contamination due to flooding, leaving
the structures--
(A) in a state of disrepair; and
(B) inhabitable and dangerous to the public health;
(3) molds have the potential to cause health problems by
producing allergens, irritants, and in some cases, potentially
toxic substances (mycotoxins);
(4) inhaling or touching mold or mold spores may cause
immediate or delayed allergic reactions in sensitive
individuals, including hay fever-type symptoms, such as
sneezing, runny nose, red eyes, and skin rash;
(5) molds can also cause asthma attacks in people with
asthma who are allergic to mold, and irritate the eyes, skin,
nose, throat, and lungs of mold-allergic and nonallergic
people;
(6) some people, such as people with serious allergies to
molds, may have more severe reactions to mold, and people with
chronic lung illnesses, such as obstructive lung disease, may
develop mold infections in their lungs; and
(7) the Federal Government should take a leadership role
in--
(A) evaluating and inspecting residential homes,
commercial buildings, and schools in the States of
Louisiana, Mississippi, and Alabama for the presence of
environmental contaminants and mold;
(B) cleaning up environmental contaminants and
mold; and
(C) certifying that the structures are safe for
habitation.
SEC. 203. PURPOSES.
The purposes of this title are--
(1) to develop a program to inspect damaged residential
homes, schools, and commercial buildings affected by Hurricane
Katrina to--
(A) determine the habitability of the structures;
(B) determine the presence of environmental
contaminants and mold in the structures, including the
extent of the contamination; and
(C) certify the habitability of the structures;
(2) to develop a training program to certify contractors to
inspect and remediate the structures;
(3) to develop a program to reduce and eliminate the
presence of environmental contaminants and mold in residential
homes, commercial buildings, and schools through interim
controls and abatement;
(4) to educate the public on the public health implications
of toxic mold and the guidelines of the Environmental
Protection Agency for remediating mold; and
(5) to provide grants to assist eligible entities in
carrying out paragraphs (1) through (4).
SEC. 204. DEFINITIONS.
In this title:
(1) Abatement.--
(A) In general.--The term ``abatement'' means any
measure, including a remediation measure, to
permanently eliminate any adverse health effect of an
environmental contaminant or mold, in accordance with
Federal environmental laws and guidelines.
(B) Inclusions.--The term ``abatement'' includes--
(i) removal of environmental contaminants
and replacement of surfaces containing
environmental contaminants;
(ii) cleanup and disposal of surfaces
containing environmental contaminants,
including postabatement clearance testing and
sampling activities relating to the cleanup and
disposal;
(iii) removal and permanent containment of
mold and replacement of surfaces containing
mold;
(iv) remediation of the underlying causes
of mold and water accumulation;
(v) cleanup, drying, and disposal of
surfaces containing mold, including
postabatement clearance testing and sampling
activities relating to the cleanup and
disposal; and
(vi) development of a remediation plan,
purchase of personal protective and containment
equipment, the fixing of moisture problems,
reevaluation of measures in cases in which
hidden mold is discovered, and selection of
appropriate cleanup methods.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Certified contractor.--The term ``certified
contractor'' means a contractor, inspector, or supervisor
that--
(A)(i) has completed an accredited training
program, as determined by the Administrator; and
(ii) has met any other requirement for
certification established by the Administrator; or
(B) has been certified by a State under a program
that is at least as rigorous as an accredited training
program under subparagraph (A)(i), as determined by the
Administrator.
(4) Commercial building.--The term ``commercial building''
means a structure that is operated for business purposes,
including structures operated by for-profit and nonprofit
entities.
(5) Environmental contaminant.--The term ``environmental
contaminant'' means--
(A) any hazardous substance regulated under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
(B) any solid waste regulated under the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
(6) Guidelines.--The term ``guidelines'' means any guidance
provided under the Environmental Protection Agency documents
entitled ``Mold Remediation in Schools and Commercial
Buildings'' and ``A brief guide to mold, moisture, and your
home''.
(7) Inspection.--The term ``inspection'' means a surface-
by-surface investigation of the interior and exterior of a
residential home, commercial building, or school to determine
the habitability of the structure for adults (including
pregnant women) and children, taking into consideration the
presence of any environmental contaminant or mold, including
activities relating to--
(A) information gathering regarding the age and
history of the structure;
(B) visual inspection;
(C) any environmental sampling technique;
(D) assessment of the presence of an environmental
contaminant or mold;
(E) identification of the source of the
contamination or cause of a water or moisture problem;
and
(F) any other appropriate activity, as determined
by the Administrator.
(8) Interim control.--The term ``interim control'' means
any measure designed to temporarily reduce human exposure or
likely human exposure to an environmental contaminant or mold,
such as specialized cleaning measures, repairs, maintenance,
painting, temporary containment, and continued monitoring of a
potential or existing environmental hazard.
(9) Mold.--The term ``mold'' means any form of
multicellular fungus that lives on plant or animal matter, or
in an indoor environment, such as Caldosporium, Penicillium,
Alternaria, Aspergillus, Fuarium, Trichoderma, Memnoniella,
Mucor, and Stachybotrys chartarum.
(10) Residential home.--The term ``residential home''
means--
(A) a single-family dwelling, including any
attached structure used as a porch or stoop; and
(B) a single-family dwelling contained in a
structure that includes more than 1 dwelling unit, in
which each dwelling unit is intended to be occupied as
a residence by 1 or more persons.
(11) School.--
(A) In general.--The term ``school'' means any
facility used for educational purposes.
(B) Inclusion.--The term ``school'' includes a day
care center.
SEC. 205. ABATEMENT AND INSPECTION GRANTS.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) any State, local, or tribal government agency
(including a parish agency) located in the State of Louisiana,
Alabama, or Mississippi that is affected by Hurricane Katrina;
and
(2) any administrative agency of a school located in the
State of Louisiana, Alabama, or Mississippi that is affected by
Hurricane Katrina.
(b) Establsihment.--The Administrator shall establish a program
under which the Administrator shall provide grants to eligible entities
to pay the Federal share of the cost of abatement and inspection
activities for residential homes, commercial buildings, and schools in
the area served by the eligible entity, in accordance with this
section.
(c) Applications.--To receive a grant under this section, an
eligible entity shall submit to the Administrator an application in
such time, in such manner, and containing such information as the
Administrator may require.
(d) Selection Criteria.--The Administrator shall provide grants
under this section to eligible entities on the basis of the merit of an
activity proposed to be carried out by the eligible entity, taking into
consideration--
(1) the severity and extent of the presence of
environmental contaminants or mold in the area served by an
eligible entity;
(2) the ability of an eligible entity to carry out an
activity proposed by the eligible entity; and
(3) any other factor that the Administrator determines to
be appropriate to carry out the purposes of this title.
(e) Use of Funds.--An eligible entity that receives a grant under
this section shall use amounts made available for activities relating
to residential homes, commercial buildings, and schools in the area
served by the eligible entity to--
(1) conduct inspections;
(2) provide for interim control of environmental
contaminants and mold;
(3) provide for abatement of environmental contaminants and
mold;
(4) ensure that inspections and sampling activities are
carried out by certified contractors;
(5) monitor the health of workers involved in abatement and
inspection under this section;
(6) monitor the health of certified contractors involved in
inspections under this section;
(7) inform the public with respect to the nature and causes
of mold, measures to reduce exposure to mold, and measures to
remediate mold; and
(8) test or sample air and surfaces for environmental
contaminants or mold, including by--
(A) purchasing equipment to measure moisture levels
in building materials, humidity gauges and meters, and
air conditioning filters; and
(B) designing mold sampling protocols.
SEC. 206. THRESHOLD LIMIT VALUES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall promulgate regulations
establishing threshold limitation values for airborne concentrations of
mold and mold spores in indoor environments to protect the public
health.
(b) Factors for Consideration.--In promulgating regulations
pursuant to subsection (a), the Administrator shall take into
consideration the adverse health effects of exposure to mold and mold
spores, including specific effects of the exposure on--
(1) pregnant women;
(2) children;
(3) elderly individuals;
(4) asthmatic individuals;
(5) allergic individuals;
(6) individuals with compromised immune systems; and
(7) any other subgroup of individuals the health of which
would be at greater risk if exposed to mold or mold spores, as
determined by the Administrator.
SEC. 207. GUIDANCE FOR EVALUATION AND ABATEMENT OF MOLD.
Not later than 180 days after the date of enactment of this Act,
the Administrator, in consultation with the Secretary of Health and
Human Services acting through the Director of the Centers for Disease
Control, shall issue guidance with respect to adults (including
pregnant women) and children for any activity carried out or funded, in
whole or in part, by the Federal Government relating to inspection,
interim controls, activities for the abatement or remediation of mold,
and sampling.
SEC. 208. CONTRACTOR TRAINING AND CERTIFICATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall promulgate regulations relating to
the abatement, inspection, reduction, and remediation of mold to ensure
that certified contractors are properly trained to carry out those
activities, including establishing standards for the accreditation of
training programs for contractors, supervisors, inspectors, and other
workers.
(b) Inclusions.--In promulgating regulations pursuant to subsection
(a), the Administrator shall require that any mold inspection,
abatement, or reduction activity carried out or funded, in whole or in
part, by the Federal Government shall be conducted by a certified
contractor.
(c) Coordination.--The standards of training and certification
under (a) and (b) shall be organized in conjunction with the
establishment of standards for comprehensive environmental quality
inspection and certification procedures as set out in section
106(b)(3)(B)of this Act.
SEC. 209. TREATMENT.
Any individual or entity that fails to comply with a requirement
of this title shall be subject to an appropriate civil penalty, as
determined by the Administrator.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
TITLE III--FUNDING
SEC. 301. FUNDING.
(a) Authorization of Appropriations.--Except as otherwise provided
in this Act, there are authorized to be appropriated such sums as are
necessary to carry out this Act.
(b) Emergency Designation.--Funds made available to carry out this
Act by the transfer of funds in or pursuant to this section are
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress).
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