[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4197 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4197
To provide for the recovery, reclamation, restoration and
reconstruction of lives and communities and for the reunion of families
devastated by Hurricane Katrina and to address the issues of poverty
exposed by Hurricane Katrina.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 2, 2005
Mr. Watt (for himself, Mr. Conyers, Mr. Rangel, Mr. Owens, Mr. Towns,
Mr. Lewis of Georgia, Mr. Payne, Mr. Jefferson, Ms. Norton, Ms. Waters,
Mr. Bishop of Georgia, Ms. Corrine Brown of Florida, Mr. Clyburn, Mr.
Hastings of Florida, Ms. Eddie Bernice Johnson of Texas, Mr. Rush, Mr.
Scott of Virginia, Mr. Wynn, Mr. Thompson of Mississippi, Mr. Fattah,
Ms. Jackson-Lee of Texas, Mr. Jackson of Illinois, Ms. Millender-
McDonald, Mr. Cummings, Ms. Carson, Mrs. Christensen, Mr. Davis of
Illinois, Mr. Ford, Ms. Kilpatrick of Michigan, Mr. Meeks of New York,
Ms. Lee, Mrs. Jones of Ohio, Mr. Clay, Ms. Watson, Mr. Davis of
Alabama, Mr. Meek of Florida, Mr. Scott of Georgia, Mr. Butterfield,
Ms. McKinney, Mr. Cleaver, Mr. Al Green of Texas, and Ms. Moore of
Wisconsin) introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committees on the
Judiciary, Financial Services, Energy and Commerce, Transportation and
Infrastructure, Education and the Workforce, Small Business, Government
Reform, and Budget, 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 provide for the recovery, reclamation, restoration and
reconstruction of lives and communities and for the reunion of families
devastated by Hurricane Katrina and to address the issues of poverty
exposed by Hurricane Katrina.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hurricane Katrina
Recovery, Reclamation, Restoration, Reconstruction and Reunion Act of
2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. General findings.
TITLE I--VICTIM RESTORATION FUND
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Purpose.
Sec. 104. Administration.
Sec. 105. Determination of eligibility for compensation.
Sec. 106. Payments to eligible individuals.
Sec. 107. Regulations.
TITLE II--ENVIRONMENTAL PROVISIONS
Sec. 201. Environmental findings.
Sec. 202. Comprehensive plan.
Sec. 203. Notification of public and professionals.
Sec. 204. Training for responders and clean-up workers.
Sec. 205. Public health assessment and monitoring.
Sec. 206. Independent review.
Sec. 207. Expiration.
TITLE III--HEALTH PROVISIONS
Subtitle A--Repair and Access
Sec. 301. Repair and disparities grants.
Sec. 302. Disaster relief Medicaid.
Subtitle B--Temporary Assistance to Needy Families (TANF)
Sec. 311. Reimbursement of States for TANF benefits provided to assist
families from other States affected by
Hurricane Katrina.
Sec. 312. Increase in amount of additional TANF funds available for
hurricane-damaged States.
Sec. 313. Rules for receipt of Hurricane Katrina Emergency TANF
Benefits and application to child support
requirements.
Sec. 314. Authority to use funds in individual development accounts for
car ownership, maintenance and insurance.
Subtitle C--Unemployment Compensation
Sec. 321. Federal-State agreements.
Sec. 322. Requirements relating to regular compensation.
Sec. 323. Requirements relating to emergency extended unemployment
compensation.
Sec. 324. Payments to States.
Sec. 325. Financing provisions.
Sec. 326. Definitions.
Sec. 327. Applicability.
Subtitle D--Health Insurance Coverage
Sec. 331. Temporary emergency health coverage assistance for businesses
and individuals.
Sec. 332. Authority to postpone certain deadlines related to individual
health coverage by reason of presidentially
declared disaster or terroristic or
military action.
TITLE IV--HOUSING AND COMMUNITY REBUILDING
Sec. 401. Definitions.
Sec. 402. Public housing capital fund reserves for emergencies and
natural disasters.
Sec. 403. HOPE VI program.
Sec. 404. HOME Investment Partnerships program.
Sec. 405. Community development block grant assistance.
Sec. 406. CDBG loan guarantee program.
Sec. 407. Youthbuild program.
Sec. 408. Capacity building for community development and affordable
housing.
Sec. 409. Emergency rental assistance vouchers.
Sec. 410. Prohibition of placement of families in substandard dwelling
units.
Sec. 411. Fair housing enforcement.
Sec. 412. Housing counseling for families in temporary shelters.
Sec. 413. Availability of HUD inventory properties.
Sec. 414. Hurricane Katrina mortgage protection fund.
Sec. 415. Housing priority for military personnel.
TITLE V--EDUCATION PROVISIONS
Subtitle A--General Provisions
Sec. 501. Definitions.
Subtitle B--Early Childhood Programs Assistance
Part 1--Emergency Funding for Continuation of Services Under Child Care
and Development Block Grant Act of 1990
Sec. 511. Emergency assistance for services under Child Care and
Development Block Grant Act of 1990.
Sec. 512. Authorization of appropriations.
Part 2--Waiver Authority to Provide Services Under Child Care and
Development Block Grant Act of 1990
Sec. 521. Waiver authority to expand the availability of services under
Child Care and Development Block Grant Act
of 1990.
Sec. 522. Authorization of appropriations.
Part 3--Emergency Funding for Continuation of Head Start Services
Sec. 531. Emergency assistance for Head Start services.
Sec. 532. Authorization of appropriations.
Part 4--Waiver Authority to Provide Head Start Services
Sec. 541. Waiver authority to expand the availability of Head Start
services.
Sec. 542. Technical assistance, guidance, and resources.
Subtitle C--Relief for Elementary and Secondary Schools
Sec. 551. Education and pupil services for elementary and secondary
students relocated because of Hurricane
Katrina.
Sec. 552. Immediate Aid to Restart Public School Operations.
Sec. 553. Grants for LEA's serving relocated children with
disabilities.
Sec. 554. Assistance for homeless youth.
Sec. 555. Grants for activities at community learning centers.
Sec. 556. Grants for construction, modernization, or repair of school
facilities.
Sec. 557. Katrina teachers incentive program.
Sec. 558. Expedited Applications for Teacher Recruitment Grants.
Sec. 559. Use of grant funds for major disasters.
Subtitle D--Relief for Institutions of Higher Education
Sec. 561. Findings; Sense of Congress.
Sec. 562. Institutional Grants for Recruitment and Retention.
Sec. 563. Loan forgiveness.
Sec. 564. Regulations.
Sec. 565. Emergency designations.
Sec. 566. Definitions.
TITLE VI--VOTING RIGHTS
Sec. 601. Short title.
Sec. 602. Applicability of protections for absent military and overseas
voters to Katrina evacuees.
Sec. 603. Grants to States for Restoring and Replacing Election
Administration Supplies, Materials, and
Equipment Damaged by Hurricane Katrina.
TITLE VII--FINANCIAL SERVICES PROVISIONS
Sec. 701. Hurricane Katrina regulatory relief.
Sec. 702. Flexibility in capital and net worth standards for small
affected institutions.
Sec. 703. Waiver of Federal Reserve Board fees for certain services.
Sec. 704. Waiver of certain limitation on certain bank investments to
promote the public welfare.
Sec. 705. Emergency authority to guarantee checks cashed for victims of
Hurricane Katrina.
Sec. 706. Technical assistance for minority institutions.
Sec. 707. Implementing Katrina disaster relief through the CDFI Fund.
TITLE VIII--EXPANDED OPPORTUNITY AND SMALL BUSINESS PROVISIONS
Subtitle A--Expanded Opportunity
Sec. 801. Reinstatement of Davis-Bacon wage requirements.
Sec. 802. Increased procurement goal for certain Federal contracts for
recovery from Hurricane Katrina.
Sec. 803. Local participation goal for participation in Federal
procurement contracts in areas affected by
Hurricane Katrina.
Sec. 804. Requirement for hurricane recovery-related contracts to
require 40 percent of contract workers be
local residents.
Sec. 805. Requirement for hurricane recovery-related contracts to
include financial incentives for
contractors to meet goals specified in the
contracts.
Sec. 806. Apprenticeship and other requirements for post-hurricane
reconstruction.
Sec. 807. Restatement of full application of statutory requirements of
equal employment opportunity applicable to
contracts and subcontracts to provide
Hurricane Katrina relief.
Subtitle B--Disaster Loans and Small Business Relief
Sec. 811. Definitions.
Sec. 812. Disaster loans after Hurricane Katrina.
Sec. 813. Nationwide disaster loans.
Sec. 814. Small business emergency relief.
Sec. 815. Authorization of appropriations for business counseling.
Sec. 816. Small business development centers.
Sec. 817. HUBZones.
Sec. 818. Small business bonding threshold.
Sec. 819. Loan defaults.
Sec. 820. Budgetary treatment of loans and financings.
Sec. 821. Emergency procurement authority.
TITLE IX--TAX PROVISIONS
Sec. 901. Home purchase by victims of Hurricane Katrina.
Sec. 902. Relief through low-income housing credit relating to
Hurricane Katrina.
Sec. 903. Tax exempt bonds for qualified gulf coast recovery projects.
TITLE X--BANKRUPTCY
Sec. 1001. Short title.
Sec. 1002. Definitions; who may be a debtor.
Sec. 1003. Amendment to chapter 3.
Sec. 1004. Amendments to chapter 5.
Sec. 1005. Amendments to chapter 7.
Sec. 1006. Amendments to chapter 11.
Sec. 1007. Amendments to chapter 13.
Sec. 1008. Amendment to title 28 of the United States Code.
Sec. 1009. Effective date; application of amendments.
TITLE XI--MISCELLANEOUS
Sec. 1101. Reimbursements.
Sec. 1102. Temporary flood insurance buy-in program.
Sec. 1103. Protection of existing rights of military personnel.
TITLE XII--ERADICATING POVERTY
Sec. 1201. Findings.
Sec. 1202. Sense of Congress.
SEC. 2. GENERAL FINDINGS.
The Congress finds that--
(1) Hurricane Katrina devastated the lives of untold
numbers of people who resided, worked and did business in the
Gulf Coast area of the United States and exposed in graphic
terms the extent of poverty in the United States and how
poverty can make it impossible for people to respond in ways
necessary to protect their own interests, even in the face of
the most immediate and imminent danger; and
(2) the President, the Congress and the people of the
United States want to make an unprecedented response to rebuild
the lives, homes, communities and businesses of those
devastated by Hurricane Katrina and to make a renewed and
sustained effort to eradicate poverty in the United States and
believe that the following provisions will contribute thereto.
TITLE I--VICTIM RESTORATION FUND
SEC. 101. SHORT TITLE.
This title may be cited as the ``Hurricane Katrina Victim
Restoration Fund of 2005''.
SEC. 102. DEFINITIONS.
In this title, the following definitions apply:
(1) Claimant.--The term ``claimant'' means an individual
filing a claim for compensation under section 105(a)(1).
(2) Collateral source.--The term ``collateral source''
means all collateral sources, including life insurance, pension
funds, death benefit programs, and payments of Federal, State,
or local governments related to Hurricane Katrina if such
payments by Federal, State, or local governments are paid
directly to the claimant.
(3) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
equity in assets, the loss of earnings or other benefits
related to employment, medical expense loss, replacement
services loss, loss due to death, burial costs, and loss of
business or employment opportunities).
(4) Eligible individual.--The term ``eligible individual''
means an individual determined to be eligible for compensation
under section 105(c).
(5) Noneconomic losses.--The term ``noneconomic losses''
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation, and all other
nonpecuniary losses of any kind or nature available under the
laws of Alabama, Louisiana, or Mississippi to which the Special
Master determines the claimant has the most substantial
connection.
(6) Special master.--The term ``Special Master'' means the
Special Master appointed under section 104(a).
SEC. 103. PURPOSE.
It is the purpose of this title to provide compensation to any
individual (or relatives of a deceased individual) who sustained
economic or noneconomic losses as a result of Hurricane Katrina such
that the individual (or relatives of a deceased individual) are
restored as nearly as possible to their condition prior to Hurricane
Katrina.
SEC. 104. ADMINISTRATION.
(a) In General.--The Attorney General, acting through a Special
Master appointed by the Attorney General, shall--
(1) administer the compensation program established under
this title;
(2) promulgate all procedural and substantive rules for the
administration of this title; and
(3) employ and supervise hearing officers and other
administrative personnel to perform the duties of the Special
Master under this title.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to pay the administrative
and support costs for the Special Master in carrying out this title.
SEC. 105. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
(a) Filing of Claim.--
(1) In general.--A claimant may file a claim for
compensation under this title with the Special Master. The
claim shall be on the form developed under paragraph (2) and
shall state the factual basis for eligibility for compensation
and the amount of compensation sought.
(2) Claim form.--
(A) In general.--The Special Master shall develop a
claim form that claimants shall use when submitting
claims under paragraph (1). The Special Master shall
ensure that such form can be filed electronically, if
determined to be practicable.
(B) Contents.--The form developed under
subparagraph (A) shall request--
(i) information from the claimant
concerning the physical harm that the claimant
suffered, or in the case of a claim filed on
behalf of a decedent information confirming the
decedent's death, as a result of Hurricane
Katrina;
(ii) information from the claimant
concerning any possible economic and
noneconomic losses that the claimant suffered
as a result of Hurricane Katrina; and
(iii) information regarding collateral
sources of compensation the claimant has
received or is entitled to receive as a result
of Hurricane Katrina.
(3) Limitation.--No claim may be filed under paragraph (1)
after the date that is 2 years after the date on which
regulations are promulgated under section 107.
(b) Review and Determination.--
(1) Review.--The Special Master shall review a claim
submitted under subsection (a) and determine--
(A) whether the claimant is an eligible individual
under subsection (c);
(B) with respect to a claimant determined to be an
eligible individual--
(i) the extent of the harm to the claimant,
including any economic and noneconomic losses;
and
(ii) the amount of compensation to which
the claimant is entitled based on the harm to
the claimant, the facts of the claim, and the
individual circumstances of the claimant.
(2) Negligence.--With respect to a claimant, the Special
Master shall not consider negligence or any other theory of
liability.
(3) Determination.--Not later than 120 days after that date
on which a claim is filed under subsection (a), the Special
Master shall complete a review, make a determination, and
provide written notice to the claimant, with respect to the
matters that were the subject of the claim under review. Such a
determination shall be final and not subject to judicial
review.
(4) Rights of claimant.--A claimant in a review under
paragraph (1) shall have--
(A) the right to be represented by an attorney;
(B) the right to present evidence, including the
presentation of witnesses and documents; and
(C) any other due process rights determined
appropriate by the Special Master.
(5) No punitive damages.--The Special Master may not
include amounts for punitive damages in any compensation paid
under a claim under this title.
(6) Collateral compensation.--The Special Master shall
reduce the amount of compensation determined under paragraph
(1)(B)(ii) by the amount of the collateral source compensation
the claimant has received or is entitled to receive as a result
of Hurricane Katrina.
(c) Eligibility.--
(1) In general.--A claimant shall be determined to be an
eligible individual for purposes of this subsection if the
Special Master determines that such claimant--
(A) is an individual described in paragraph (2);
and
(B) meets the requirements of paragraph (3).
(2) Individuals.--A claimant is an individual described in
this paragraph if the claimant is--
(A) an individual who--
(i) was present or had assets present in
Alabama, Louisiana or Mississippi at the time,
or in the immediate aftermath of Hurricane
Katrina; and
(ii) suffered physical harm, death,
economic or noneconomic losses; or
(B) in the case of a decedent who is an individual
described in subparagraph (A), the personal
representative of the decedent who files a claim on
behalf of the decedent.
(3) Requirements.--
(A) Single claim.--Not more than one claim may be
submitted under this title by an individual or on
behalf of a deceased individual.
(B) Limitation on civil action.--
(i) In general.--Upon the submission of a
claim under this title, the claimant waives the
right to file a civil action (or to be a party
to an action) in any Federal or State court for
damages sustained as a result of Hurricane
Katrina. The preceding sentence does not apply
to a civil action to recover collateral source
obligations.
(ii) Pending actions.--In the case of an
individual who is a party to a civil action
described in clause (i), such individual may
not submit a claim under this title unless such
individual withdraws from such action by the
date that is 90 days after the date on which
regulations are promulgated under section 322.
SEC. 106. PAYMENTS TO ELIGIBLE INDIVIDUALS.
(a) In General.--Not later than 20 days after the date on which a
determination is made by the Special Master regarding the amount of
compensation due a claimant under this title, the Special Master shall
authorize payment to such claimant of the amount determined with
respect to the claimant.
(b) Payment Authority.--This title constitutes budget authority in
advance of appropriations Acts and represents the obligation of the
Federal Government to provide for the payment of amounts for
compensation under this title.
(c) Additional Funding.--
(1) In general.--The Attorney General is authorized to
accept such amounts as may be contributed by individuals,
business concerns, or other entities to carry out this title,
under such terms and conditions as the Attorney General may
impose.
(2) Use of separate account.--In making payments under this
section, amounts contained in any account containing funds
provided under paragraph (1) shall be used prior to using
appropriated amounts.
SEC. 107. REGULATIONS.
Not later than 90 days after the date of enactment of this Act,
the Attorney General, in consultation with the Special Master, shall
promulgate regulations to carry out this title, including regulations
with respect to--
(1) forms to be used in submitting claims under this title;
(2) the information to be included in such forms;
(3) procedures for hearing and the presentation of
evidence;
(4) procedures to assist an individual in filing and
pursuing claims under this title; and
(5) other matters determined appropriate by the Attorney
General.
TITLE II--ENVIRONMENTAL PROVISIONS
SEC. 201. ENVIRONMENTAL FINDINGS.
The Congress finds that--
(1) Hurricane Katrina demonstrated the connection between
the health and safety of communities and the health of natural
resources;
(2) many of the hardest hit areas in New Orleans and the
Gulf Coast from Hurricane Katrina were low-income and minority
communities already facing decades of environmental injustices;
(3) 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 Hurricane Katrina;
(4) Hurricane Katrina 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;
(5) 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;
(6) spills of oil and other toxic chemicals pose a
particularly serious public health threat when they dry and
become airborne as invisible, breathable particulates;
(7) Hurricane Katrina initially destroyed or compromised
170 drinking water facilities and 47 public owned wastewater
treatment works along the affected Gulf Coast region;
(8) 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 have
escaped into the environment as a result of the hurricane and
resultant flooding and power outages; and
(9) residents of New Orleans and the affected Gulf Coast
areas have demonstrated their desire and determination to
return to their homes and, in order to enable them to do so, a
comprehensive plan is needed.
SEC. 202. COMPREHENSIVE PLAN.
(a) In General.--
(1) Planning.--In order to protect the health and safety of
the people of the Gulf Coast regions devastated by Hurricane
Katrina, the Administrator of the Environmental Protection
Agency (hereinafter in this title referred to as the
``Administrator'') , in consultation with the Governor of any
affected State, shall develop a Comprehensive Environmental
Sampling and Toxicity Assessment Plan (hereinafter in this
title referred to as the ``CESTAP'') to determine the immediate
and long-term hazards posed by exposure to toxins and
infectious materials released into the environment as a result
of Hurricane Katrina and resultant flooding.
(2) Comprehensive testing.--By sampling and analysis of the
soil, water, air and human populations in order to determine
the presence, volume, and potential distribution vectors of
hazardous toxins and infectious materials.
(3) Aggregation and notification.--The data collected shall
be aggregated to identify environmental ``hot spots,'' known
and potential toxic threats and public health trends.
(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.
(4) First line of defense.--In light of the high potential
for a public health disaster under circumstances of multiple
releases of toxic and hazardous substances into the environment
and complex mixing of such materials in floodwaters, the
Administrator shall set 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.
(5) Coordination.--The CESTAP shall encompass and be
coordinated with existing sampling and assessment efforts by
Federal and State agencies. In light of the scope and types of
testing necessary, the multiple regions affected and the
pressing need for haste, the Administrator shall utilize the
work of independent, professional researchers with established
credentials. 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
identifying the most hazardous geographic sites and potential
public health emergencies.
(b) Notice to Congress.--
(1) Initial notice.--Not later than 30 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 the Committee
on Environment and Public Works of the Senate an initial draft
of the CESTAP, together 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 such committees 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 hazardous
substances; and
(C) results of public health assessment and
monitoring studies, including any reports indicating
illnesses possibly resulting from exposure to toxins
released in Hurricane Katrina or local epidemics or
outbreaks of disease from contagions.
(c) Annual Review.--No later than 1 year after the date of the
enactment of this Act, the Administrator shall submit to the committees
referred to in subsection (b) a report describing--
(1) the known and potential threats to public health and
safety, immediate and long-term, 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; and
(C) what existing programs must continue in order
to address remaining threats; and
(6) additional recommendations for action on problems that
have not yet been addressed or have not adequately been
addressed.
(d) Zoning.--
(1) Right of return.--The Department of Homeland Security,
the Federal Emergency Management Agency and the Environmental
Protection Agency shall allow residents to return to their
homes and claim their property and to assist them in doing so
and in handling the relief and rehabilitation efforts in the
Gulf region shall be guided by this principle.
(2) Right to know the risks.--At the same time, Federal and
State shall inform the hurricane survivors about the known and
possible health risks they may face upon returning to their
domiciles, as well how they can best protect themselves and
where they can obtain the necessary equipment and materials to
do so, and shall prevent residents from returning to areas
where the health risks are too severe.
(3) Standards.--Principles (1) and (2) above must be
balanced against one another and the Administrator shall play
the lead role in setting safety standards to help bring concert
to the work of various Federal, State and local officials to
determine which areas remain too unsafe to allow residents to
return. In doing so, the Administrator shall have the authority
to define zones of safety, including--
(A) ``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;
(B) ``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
(C) ``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.
(4) Compensation.--Residents whose homes or businesses have
been destroyed or terminally compromised or who face an
indefinite waiting period before being allowed to reclaim their
property shall be offered the choice of alternative land and/or
housing as compensation.
(5) Safety over speculation.--The government's obligations
defined in principles (1) and (2) above do not apply in the
same way to private interests such as land speculators who are
not in the condition of having no home to return to.
(6) Inspection and certification.--The government must
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.
(7) Inspection 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 provided under this section.
SEC. 203. 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 are
patrolled by police who have been given clear guidelines on how
to manage traffic in and out of the area. The Administrator
shall 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, and what
movement restrictions apply. 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 contaminates 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
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.--Public information
campaigns under this section 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 using available resources and
manpower of agencies other than the Environmental
Protection Agency, where the Agency lacks the resources
to meet plan goals; 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. 204. TRAINING FOR RESPONDERS AND CLEAN-UP WORKERS.
(a) Planning and Execution.--
(1) Responders health and safety plan.--The CESTAP shall
contain a program designed to protect the health and safety of
responders and clean-up crews specifically in relation to toxic
and infectious materials.
(2) Inter-agency coordination.--The Administrator shall
coordinate this program with the following agencies:
(A) the Occupational Safety and Health
Administration, which is 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 is responsible
for coordinating a response plan to address worker
health and safety issues; and
(C) the National Institute of Occupational Safety
and Health, which should be ready to provide health and
safety training to responders and clean-up crews.
(3) Authority of administrator.--The Administrator shall
have authority to involve and use the resources of these
agencies to achieve the goals here set out.
(b) Emergency Training.--The Administrator shall include in the
CESTAP, guidelines to ensure that--
(1) 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;
(2) relief, reconstruction and clean-up workers of all
contributing agencies--
(A) are properly informed of the environmental
hazards they may face in their work;
(B) are provided proper training in handling toxic
materials;
(C) are provided with the proper protective
equipment (such as respirators to protect against
airborne toxins), and guidelines and training for using
them; and
(D) receive proper immunizations, where necessary
and appropriate;
(3) 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
(4) these efforts are coordinated in close collaboration
with local employers, unions and safety and health
professionals.
(c) Hiring Policy.--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. 205. PUBLIC HEALTH ASSESSMENT AND MONITORING.
(a) Early Intervention.--
(1) Immediate human health assessment.--The Administrator
shall 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 toxins and 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 assessment 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 shall include provisions for
periodic follow-up studies, no more than a year apart, to assess the
ongoing and long-term health impacts of the toxic and infectious
materials that were or may have been released into the environment as a
result of the impact of Hurricane Katrina.
SEC. 206. INDEPENDENT REVIEW.
(a) Independent Advisory and Review Panel.--In order to ensure
maximum consonance with efforts of residents of affected areas and
cities to rebuild their homes, businesses and communities, the
Administrator shall establish an Independent Advisory and Review Panel
(IARP), comprised of--
(1) professionals who can share expert scientific and
environmental knowledge with the Administrator and officials
involved in carrying out the CESTAP;
(2) 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 and local
communities to rebuild their communities as well as to
deal with discovered toxic and infectious hazardous
materials; and
(C) the priorities and concerns of affected
populations;
(3) officials from State and local government; and
(4) State and local public health and safety officials.
(b) Nominations.--Nominations for the IARP shall be solicited
from--
(1) local and national scientific and environmental
nongovernmental organizations;
(2) civic bodies and community organizations in the
affected cities, States, and regions;
(3) State, local and community government bodies.
(c) Periodic Review.--The IARP shall issue periodic reports no less
frequently than quarterly, assessing the progress of the CESTAP, with
specific reference to--
(1) previous or on-going threats to public health that the
CESTAP failed to identify or to adequately address;
(2) the effectiveness of efforts under CESTAP to protect
residents, responders and clean-up workers through providing
information, training and safety equipment; and
(3) implementation of the CESTAP in coordination with
State, local and community government and nongovermental
bodies, including suggestions for further improvement.
SEC. 207. EXPIRATION.
Unless otherwise extended by law, this title and the CESTAP shall
cease to apply upon completion of the Administrator's fifth annual
report to Congress.
TITLE III--HEALTH PROVISIONS
Subtitle A--Repair and Access
SEC. 301. REPAIR AND DISPARITIES GRANTS.
(a) Construction and Repair Grants .--The Secretary of Health and
Human Services (in this section referred to as the ``Secretary'') shall
make grants to public health facilities and loans to private health
facilities, for the purpose of constructing, modernizing, or repairing
hospitals, clinics, health centers, laboratories, and other health
facilities in a Hurricane Katrina disaster area damaged as a result of
Hurricane Katrina for--
(1) construction of hospitals, clinics, health centers,
laboratories, mental health and substance abuse facilities that
meet the standards of the Joint Commission on the Accreditation
of Healthcare Organizations (JCAHO);
(2) repair or modernization of such public or private
hospitals or public facilities as provide health care or health
related services; and
(3) to bring hospitals and public health facilities in
compliance with such JCAHO standards and requirements of the
Centers for Medicare & Medicaid Services.
(b) Health Disparity Grants.--The Secretary, acting through the
Administrator of the Health and Human Resources Administration and the
Director of the Office of Minority Health, and in consultation with the
Director of the Office of Community Services and the Director of the
National Center for Minority Health and Health Disparities, shall make
grants to assist individuals, hospitals, businesses, schools, minority
health associations, non-profit organizations, community-based
organizations, healthcare clinics, foundations, and other entities in
communities in a Hurricane Katrina disaster area and that
disproportionately experience disparities in health status and
healthcare which are seeking--
(1) to improve the health of minority individuals in the
community and to reduce disparities in health status and
healthcare by assisting individuals in accessing Federal
programs or by other means; and
(2) to coordinate the efforts of governmental and private
entities regarding the elimination of racial and ethnic health
status and healthcare.
(c) Application.--To obtain a grant under this section, an
applicant shall submit to the Secretary an application in such form and
in such manner as the Secretary may require. An application for a grant
under--
(1) subsection (a) shall describe, with such specificity as
the Secretary shall require, the damage sustained as a result
of Hurricane Katrina and the steps proposed to address the
damage; and
(2) subsection (b) shall demonstrate that the communities
to be served are those that disproportionately experience
disparities in health status and healthcare and shall set forth
a strategic plan for reducing those disparities by--
(A) describing the coordinated health, economic,
human, community, and physical development plan and
related activities proposed for the community;
(B) identifying the projected amount of Federal,
State, local and private resources that will be
available in the area and the private and public
partnerships to be used (including any participation by
or cooperation with universities, colleges,
foundations, non-profit organizations, medical centers,
hospitals, health clinics, school districts, or other
private and public entities);
(C) identifying the funding requested under any
Federal program in support of the proposed activities;
(D) identifying benchmarks for measuring the
success of carrying out the strategic plan;
(E) demonstrating the ability to reach and service
the targeted underserved minority community populations
in a culturally appropriate and linguistically
responsive manner; and
(F) demonstrating a capacity and infrastructure to
provide long-term community response that is culturally
appropriate and linguistically responsive to
communities that disproportionately experience
disparities in health and healthcare.
(d) Definition.--For purposes of this section, the term ``Hurricane
Katrina disaster area'' means an area which the President has
designated as a disaster area as a result of Hurricane Katrina of
August 2005.
(e) Authorization of Appropriation .--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2006 through 2010.
SEC. 302. DISASTER RELIEF MEDICAID.
(a) Authority to Provide Disaster Relief Medicaid.--Notwithstanding
any provision of title XIX of the Social Security Act, a State shall,
as a condition of participation in the Medicaid program established
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.),
provide medical assistance to DRM-eligible Katrina Survivors (as
defined in subsection (b)) under a State Medicaid plan established
under such title during the disaster relief Medicaid coverage period in
accordance with the following provisions of this section and without
submitting an amendment to the State Medicaid plan. Such assistance
shall be referred to as ``Disaster Relief Medicaid Assistance (DRM
assistance)''.
(b) DRM-Eligible Katrina Survivor Defined.--
(1) In general.--In this section, the term ``DRM-eligible
Katrina Survivor'' means a Katrina Survivor whose family income
does not exceed the higher of--
(A) 100 percent (200 percent, in the case of such a
Survivor who is a pregnant woman, child, or a recipient
of disability benefits under section 223 of the Social
Security Act) of the poverty line; or
(B) the income eligibility standard which would
apply to the Survivor under the State Medicaid plan.
(2) No resources, residency, or categorical eligibility
requirements.--Eligibility under paragraph (1) shall be
determined without application of any resources test, State
residency, or categorical eligibility requirements.
(3) Income determination.--
(A) Least restrictive income methodologies.--The
State shall use the least restrictive methodologies
applied under the State Medicaid plan under section
1902(r)(2) of the Social Security Act (42 U.S.C.
1396a(r)(2)) in determining income eligibility for
Katrina Survivors under paragraph (1).
(B) Disregard of ui benefits.--In determining such
income eligibility, the State shall disregard any
amount received under a law of the United States or of
a State which is in the nature of unemployment
compensation by a Katrina Survivor during the DRM
coverage period.
(4) Definition of child.--For purposes of paragraph (1), a
DRM-eligible Katrina Survivor shall be determined to be a
``child'' in accordance with the definition of ``child'' under
the State Medicaid plan.
(c) Eligibility Determination; No Continuation of DRM Assistance.--
(1) Streamlined eligibility process.--The State shall use
the following streamlined procedures in processing applications
and determining eligibility for DRM assistance for DRM-eligible
Katrina Survivors:
(A) A common 1-page application form developed by
the Secretary of Health and Human Services in
consultation with the National Association of State
Medicaid Directors. Such form shall--
(i) require an applicant to provide an
expected address for the duration of the DRM
coverage period and to agree to update that
information if it changes during such period;
(ii) include notice regarding the penalties
for making a fraudulent application under
subsection (h);
(iii) require the applicant to assign to
the State any rights of the applicant (or any
other person who is a DRM-eligible Katrina
Survivor and on whose behalf the applicant has
the legal authority to execute an assignment of
such rights) under any group health plan or
other third-party coverage for health care; and
(iv) require the applicant to list any
health insurance coverage which the applicant
was enrolled in immediately prior to submitting
such application.
(B) Self-attestation by the applicant that the
applicant--
(i) is a DRM-eligible Katrina Survivor; and
(ii) if applicable, requires home and
community-based services provided under such
DRM assistance in accordance with subsection
(d)(3).
(C) No requirement for documentation evidencing the
basis on which the applicant qualifies to be a DRM-
eligible Katrina Survivor or, if applicable, requires
home and community-based services.
(D) Issuance of a DRM assistance eligibility card
to an applicant who completes such application,
including the self-attestation required under
subparagraph (B). Such card shall be valid as long as
the DRM coverage period is in effect and shall be
accompanied by notice of the termination date for the
DRM coverage period and, if applicable, notice that
such termination date may be extended. If the President
extends the DRM coverage period, the State shall notify
DRM-eligible Katrina Survivors enrolled in DRM
assistance of the new termination date for the DRM
coverage period.
(E) If an applicant completes the application and
presents it to a provider or facility participating in
the State Medicaid plan that is qualified to make
presumptive eligibility determinations under such plan
(which at a minimum shall consist of facilities
identified in section 1902(a)(55) of the Social
Security Act (42 U.S.C. 1396a(a)(55)) and it appears to
the provider that the applicant is a DRM-eligible
Katrina Survivor based on the information in the
application, the applicant will be deemed to be a DRM-
eligible Katrina Survivor eligible for DRM assistance
in accordance with this section, subject to subsection
(g).
(F) Continuous eligibility, without the need for
any re-determination of eligibility, for the duration
of the DRM coverage period.
(2) No continuation of drm assistance.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), no DRM assistance shall be
provided after the end of the DRM coverage period.
(B) Presumptive eligibility.--In the case of any
DRM-eligible Katrina Survivor who is receiving DRM
assistance from a State in accordance with this section
and who, as of the end of the DRM coverage period, has
an application pending for medical assistance under the
State Medicaid plan for periods beginning after the end
of such period, the State shall provide such Survivor
with a period of presumptive eligibility for medical
assistance under the State Medicaid plan (not to exceed
60 days) until a determination with respect to the
Survivor's application has been made.
(C) Pregnant women.--In the case of a DRM-eligible
Katrina Survivor who is receiving DRM assistance from a
State in accordance with this section and whose
pregnancy ended during the 60-day period prior to the
end of the DRM coverage period, or who is pregnant as
of the end of such period, such Survivor shall continue
to be eligible for DRM assistance after the end of the
DRM coverage period, including (but not limited to) for
all pregnancy-related and postpartum medical assistance
available under the State Medicaid plan, through the
end of the month in which the 60-day period (beginning
on the last day of her pregnancy) ends.
(3) Treatment of katrina survivors provided assistance
prior to date of enactment.--Any Katrina Survivor who is
provided medical assistance under a State Medicaid plan in
accordance with guidance from the Secretary during the period
that begins on August 28, 2005, and ends on the date of
enactment of this Act shall be treated as a DRM-eligible
Katrina Survivor, without the need to file an additional
application, for purposes of eligibility for DRM assistance
under this section.
(d) Scope of Coverage.--
(1) Categorically needy benefits.--The State shall treat a
DRM-eligible Katrina Survivor as an individual eligible for
medical assistance under the State plan under title XIX of the
Social Security Act on the basis of section 1902(a)(10)(A)(i)
of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)), with
coverage for such assistance retroactive to items and services
furnished on or after August 28, 2005 (or in the case of
applications for DRM assistance submitted after January 1 2006,
the first day of the 5th month preceding the date on which such
application is submitted).
(2) Extended mental health and care coordination
benefits.--The State may provide, without regard to any
restrictions on amount, duration, and scope, comparability, or
restrictions otherwise applicable under the State medicaid plan
(other than restrictions applicable under such plan with
respect to services provided in an institution for mental
diseases), to DRM-eligible Katrina Survivors extended mental
health and care coordination benefits which may include the
following:
(A) Screening, assessment, and diagnostic services
(including specialized assessments for individuals with
cognitive impairments).
(B) Coverage for a full range of mental health
medications at the dosages and frequencies prescribed
by health professionals for depression, post-traumatic
stress disorder, and other mental disorders.
(C) Treatment of alcohol and substance abuse
determined to result from circumstances related to
Hurricane Katrina.
(D) Psychotherapy, rehabilitation and other
treatments administered by psychiatrists,
psychologists, or social workers for conditions
exacerbated by, or resulting from, Hurricane Katrina.
(E) In-patient mental health care.
(F) Family counseling for families where a member
of the immediate family is a Katrina Survivor or first
responder to Hurricane Katrina or includes an
individual who has died as a result of Hurricane
Katrina.
(G) In connection with the provision of health and
long-term care services, arranging for, (and when
necessary, enrollment in waiver programs or other
specialized programs), and coordination related to,
primary and specialty medical care, which may include
personal care services, durable medical equipment and
supplies, assistive technology, and transportation.
(3) Home and community-based services.--
(A) In general.--In the case of a State with a
waiver to provide home and community-based services
granted under section 1115 of the Social Security Act
or under subsection (c) or (d) of section 1915 of such
Act, the State may provide such services to DRM-
eligible Katrina Survivors who self-attest in
accordance with subsection (c)(1)(B)(ii) that they
require immediate home and community-based services
that are available under such waiver without regard to
whether the Survivors would require the level of care
provided in a hospital, nursing facility, or
intermediate care facility for the mentally retarded,
including to DRM-eligible Katrina Survivors who are
individuals described in subparagraph (B).
(B) Individuals described.--Individuals described
in this subparagraph are individuals who--
(i) on any day during the week preceding
August 28, 2005--
(I) had been receiving home and
community-based services under a waiver
described in subparagraph (A) in a
direct impact parish or county;
(II) had been receiving support
services from a primary family
caregiver who, as a result of Hurricane
Katrina, is no longer available to
provide services; or
(III) had been receiving personal
care, home health, or rehabilitative
services under the State Medicaid plan
or under a waiver granted under section
1915 or 1115 of the Social Security
Act; or
(ii) are disabled (as determined under the
State Medicaid plan).
(C) Waiver of restrictions.--The Secretary shall
waive with respect to the provision of home and
community-based services under this paragraph any
limitations on--
(i) the number of individuals who shall
receive home or community-based services under
a waiver described in subparagraph (A);
(ii) budget neutrality requirements
applicable to such waiver; and
(iii) targeted populations eligible for
services under such waiver.
The Secretary may waive other restrictions applicable
under such a waiver, that would prevent a State from
providing home and community-based services in
accordance with this paragraph.
(4) Children born to pregnant women.--In the case of a
child born to a DRM-eligible Katrina Survivor who is provided
DRM assistance during the DRM coverage period, such child shall
be treated as having been born to a pregnant woman eligible for
medical assistance under the State Medicaid plan and shall be
eligible for medical assistance under such plan in accordance
with section 1902(e)(4) of the Social Security Act (42 U.S.C.
1396a(e)(4)). The Federal medical assistance percentage
applicable to the State Medicaid plan shall apply to medical
assistance provided to a child under such plan in accordance
with the preceding sentence.
(e) Termination of Coverage; Assistance With Applying for Regular
Medicaid Coverage.--
(1) Notice of expected termination of drm coverage
period.--A State shall provide DRM-eligible Katrina Survivors
who are receiving DRM assistance from the State in accordance
with this section, as of the beginning of the 4th month (and,
if applicable, 9th month) of the DRM coverage period with--
(A) notice of the expected termination date for DRM
assistance for such period;
(B) information regarding eligibility for medical
assistance under the State's eligibility rules
otherwise applicable under the State medicaid plan; and
(C) an application for such assistance and
information regarding where to obtain assistance with
completing such application in accordance with
paragraph (2).
(2) Application assistance.--A State shall provide DRM-
eligible Katrina Survivors who are receiving DRM assistance
from the State in accordance with this section with assistance
in applying for medical assistance under the State medicaid
plan for periods beginning after the end of the DRM coverage
period, at State Medicaid offices and at locations easily
accessible to such Survivors.
(3) State reports.--A State providing DRM assistance in
accordance with this section shall submit to the Secretary the
following reports:
(A) Termination and transition assistance to
regular medicaid coverage for drm-eligible katrina
survivors eligible for such assistance.--A report
detailing how the State intends to satisfy the
requirements of paragraphs (1) and (2).
(B) Enrollment.--Reports regarding--
(i) the number of Katrina Survivors who are
determined to be DRM-eligible Katrina
Survivors; and
(ii) the number of DRM-eligible Katrina
Survivors who are determined to be eligible
for, and enrolled in, the State Medicaid plan.
(4) Secretarial oversight.--The Secretary of Health and
Human Services shall ensure that a State is complying with the
requirements of paragraphs (1) and (2) and that applications
for medical assistance under the State Medicaid plan from DRM-
eligible Katrina Survivors for periods beginning after the end
of the DRM coverage period are processed in a timely and
appropriate manner.
(5) No private right of action against a state for failure
to provide notice.--No private right of action shall be brought
against a State for failure to provide the notices required
under paragraph (1) or subsection (c)(1) so long as the State
makes a good faith effort to provide such notices.
(f) 100 Percent Federal Matching Payments.--
(1) In general.--Notwithstanding section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b), the Federal medical
assistance percentage or the Federal matching rate otherwise
applied under section 1903(a) of such Act (42 U.S.C. 1396b(a))
shall be 100 percent for--
(A) providing DRM assistance to DRM-eligible
Katrina Survivors during the DRM coverage period in
accordance with this section;
(B) costs directly attributable to administrative
activities related to the provision of such DRM
assistance, including costs attributable to obtaining
recoveries under subsection (h);
(C) costs directly attributable to providing
application assistance in accordance with subsection
(e)(2); and
(D) DRM assistance provided in accordance with
subparagraph (B) or (C) of subsection (c)(2) after the
end of the DRM coverage period.
(2) Disregard of payments.--Payments provided to a State in
accordance with this subsection shall be disregarded for
purposes of applying subsections (f) and (g) of section 1108 of
the Social Security Act (42 U.S.C. 1308).
(g) Verification of Status as a Katrina Survivor.--
(1) In general.--The State shall make a good faith effort
to verify the status of an individual who is enrolled in the
State Medicaid plan as a DRM-eligible Katrina Survivor under
the provisions of this section. Such effort shall not delay the
determination of the eligibility of the Survivor for DRM
assistance under this section.
(2) Evidence of verification.--A State may satisfy the
verification requirement under subparagraph (A) with respect to
an individual by showing that the State providing DRM
assistance obtained information from the Social Security
Administration, the Internal Revenue Service, or the State
Medicaid Agency for the State from which individual is from (if
the individual was not a resident of such State on any day
during the week preceding August 28, 2005).
(h) Penalty for Fraudulent Applications.--
(1) Individual liable for costs.--If a State, as the result
of verification activities conducted under subsection (g) or
otherwise, determines after a fair hearing that an individual
has knowingly made a false self-attestation described in
subsection (c)(1)(B), the State may, subject to paragraph (2),
seek recovery from the individual for the full amount of the
cost of DRM assistance provided to the individual under this
section.
(2) Exception.--The Secretary shall exempt a State from
seeking recovery under paragraph (1) if the Secretary
determines that it would not be cost-effective for the State to
do so.
(3) Reimbursement to the federal government.--Any amounts
recovered by a State in accordance with this subsection shall
be returned to the Federal government.
(i) Exemption From Error Rate Penalties.--All payments attributable
to providing DRM assistance in accordance with this section shall be
disregarded for purposes of section 1903(u) of the Social Security Act
(42 U.S.C. 1396b(u)).
(j) Provider Payment Rates.--In the case of any DRM assistance
provided in accordance with this section to a DRM-eligible Katrina
Survivor that is covered under the State Medicaid plan (as applied
without regard to this section) the State shall pay a provider of such
assistance the same payment rate as the State would otherwise pay for
the assistance if the assistance were provided under the State Medicaid
plan (or, if no such payment rate applies under the State Medicaid
plan, the usual and customary prevailing rate for the item or service
for the community in which it is provided).
(k) Application to Individuals Eligible for Medical Assistance.--
Nothing in this section shall be construed as affecting any rights
accorded to an individual who is a recipient of medical assistance
under a State Medicaid plan who is determined to be a DRM-eligible
Katrina Survivor but the provision of DRM assistance to such individual
shall be limited to the provision of such assistance in accordance with
this section.
(l) Definitions.--
(1) DRM coverage period.--
(A) In general.--The term ``DRM coverage period''
means the period beginning on August 28, 2005, and,
subject to subparagraph (B), ending on the date that is
12 months after the date of enactment of this Act.
(B) Presidential authority to extend drm coverage
period.--
(i) In general.--The President may extend
the DRM coverage period for an additional 12
months. Any reference to the term ``DRM
coverage period'' in this title shall include
any extension under this clause.
(ii) Notice to congress and states.--The
President shall notify the majority and
minority leaders of the Senate, the Speaker of
the House of Representatives, the minority
leader of the House of Representatives, the
Chairs and Ranking Members of the Committee on
Finance of the Senate and the Committees on
Energy and Commerce and Ways and Means of the
House of Representatives, and the States at
least 30 days prior to--
(I) extending the DRM coverage
period; or
(II) if the President determines
not to extend such period, the ending
date described in subparagraph (A).
(2) Poverty line.--The term ``poverty line'' has the
meaning given that term in section 2110(c)(5) of the Social
Security Act (42 U.S.C. 1397jj(c)(5)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
Subtitle B--Temporary Assistance to Needy Families (TANF)
SEC. 311. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED TO ASSIST
FAMILIES FROM OTHER STATES AFFECTED BY HURRICANE KATRINA.
(a) In General.--Section 3 of the TANF Emergency Response and
Recovery Act of 2005 (Public Law 109-68) is amended to read as follows:
``SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED TO ASSIST
FAMILIES FROM OTHER STATES AFFECTED BY HURRICANE KATRINA.
``(a) Eligibility for Payments From the Contingency Fund.--
``(1) Period of applicability.--Beginning with August 29,
2005, and ending with August 31, 2006, each State that is a
direct impact State or a State described in paragraph (3) of
this subsection shall be considered a needy State for purposes
of section 403(b) of the Social Security Act.
``(2) Direct impact state.--In this subsection, the term
`direct impact State' means Louisiana, Mississippi, and
Alabama.
``(3) Other states.--A State is described in this paragraph
if the State provides any benefit or service, that may be
provided under the State program funded under part A of title
IV of the Social Security Act, to a family which--
``(A) has resided in a direct impact State; and
``(B) has traveled (not necessarily directly) to
the State from the direct impact State as a result of
the hurricane.
``(b) Monthly Payments.--
``(1) In general.--Notwithstanding section 403(b)(3)(C)(i)
of the Social Security Act, the total amount paid during a
month to--
``(A) a direct impact State, shall not exceed \1/4\
of 20 percent of the State family assistance grant
(described in section 403(a)(1)(B) of such Act); and
``(B) a State described in subsection (a)(3), shall
not exceed the lesser of--
``(i) total amount of benefits or services
provided under the State program funded under
part A of title IV of such Act to families
described in subsection (a)(3); or
``(ii) \1/4\ of 20 percent of the State
family assistance grant (as so described).
``(c) No State Match or Maintenance of Effort Required.--Sections
403(b)(6) and 409(a)(10) of the Social Security Act shall not apply
with respect to a payment made to a State by reason of this section.
``(d) Increase in Funding to the Extent Necessary.--During the
period beginning with August 29, 2005, and ending with September 30,
2006, section 403(b)(2) of the Social Security Act shall be applied
without regard to the limitation on the total amount specified in such
section.''.
(b) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect as if included in the enactment of the TANF
Emergency Response and Recovery Act of 2005.
SEC. 312. INCREASE IN AMOUNT OF ADDITIONAL TANF FUNDS AVAILABLE FOR
HURRICANE-DAMAGED STATES.
(a) In General.--Section 4(a)(2) of the TANF Emergency Response and
Recovery Act of 2005 (Public Law 109-68) is amended by striking ``20
percent'' and inserting ``40 percent''.
(b) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect as if included in the enactment of the TANF
Emergency Response and Recovery Act of 2005.
SEC. 313. RULES FOR RECEIPT OF HURRICANE KATRINA EMERGENCY TANF
BENEFITS AND APPLICATION TO CHILD SUPPORT REQUIREMENTS.
(a) In General.--Section 6 of the TANF Emergency Response and
Recovery Act of 2005 (Public Law 109-68) is amended to read as follows:
``SEC. 6. RULES OF RECEIPT OF HURRICANE KATRINA EMERGENCY TANF BENEFITS
AND APPLICATION TO CHILD SUPPORT REQUIREMENTS.
``(a) In General.--During the period described in section 3(d) of
this Act, Hurricane Katrina Emergency TANF Benefits provided by a
direct impact State (as defined in section 3(a)(2) of this Act), a
State described in section 3(a)(3) of this Act, or an Indian tribe
under a tribal family assistance plan approved under section 412 of the
Social Security Act shall not be considered assistance for purposes of
section 407, paragraphs (2), (3), or (7) of section 408(a), or section
454(29) of the Social Security Act.
``(b) Hurricane Katrina Emergency TANF Benefits.--In subsection
(a), the term `Hurricane Katrina Emergency TANF Benefits' means any
benefit or service that may be provided under a State or tribal program
funded under part A of title IV of the Social Security Act to support--
``(1) a family described in section 3(a)(3) of this Act; or
``(2) a family that--
``(A) is residing in a direct impact State (as
defined in section 3(a)(2) of this Act); and
``(B) the State considers a needy family for
purposes of the program.''.
(c) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect as if included in the enactment of the TANF
Emergency Response and Recovery Act of 2005.
SEC. 314. AUTHORITY TO USE FUNDS IN INDIVIDUAL DEVELOPMENT ACCOUNTS FOR
CAR OWNERSHIP, MAINTENANCE AND INSURANCE.
(a) Accounts Established Under the Tanf Program.--
(1) Additional qualified purpose for use of funds.--Section
404(h)(2)(B) of the Social Security Act (42 U.S.C.
604(h)(2)(B)) is amended by adding at the end the following:
``(iv) Qualified automotive expenditures.--
Qualified automotive expenditures paid from an
individual development account directly to the
persons to whom the amounts are due.''.
(2) Definition.--Section 404(h)(5) of the Social Security
Act (42 U.S.C. 604(h)(5)) is amended by adding at the end the
following:
``(J) Qualified automotive expenditures.--The term
`qualified automotive expenditures' means expenditures
for the purchase or maintenance of an automobile, or
for insurance for an automobile.''.
(b) Accounts Established Under the Assets for Independence
Program.--Section 404(8) of the Assets for Independence Act (42 U.S.C.
604 note) is amended by adding at the end the following:
``(E) Qualified automotive expenditures.--
``(i) In general.--Qualified automotive
expenditures paid from an individual
development account directly to the persons to
whom the amounts are due.
``(ii) Definition.--In clause (i), the term
`qualified automotive expenditures' means
expenditures for the purchase or maintenance of
an automobile, or for insurance for an
automobile.''.
Subtitle C--Unemployment Compensation
SEC. 321. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State that is a qualified State and that
desires to do so may enter into and participate in an agreement under
this subtitle with the Secretary. Any State that is a party to an
agreement under this subtitle may, upon providing 30 days' written
notice to the Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under subsection (a)
shall provide that the State agency of the State--
(1) will make payments of regular compensation in
conformance with the requirements of section 322; and
(2) will make payments of emergency extended unemployment
compensation in conformance with the requirements of section
323.
(c) Qualified State.--For purposes of this subtitle, the term
``qualified State'' means Alabama, Louisiana, and Mississippi.
SEC. 322. REQUIREMENTS RELATING TO REGULAR COMPENSATION.
(a) In General.--Any agreement under this subtitle shall provide
that the State agency of the State will make payments of regular
compensation to individuals in amounts and to the extent that they
would be determined if the State law of such State were applied with
the modification described in subsection (b).
(b) Modification Described.--
(1) Additional amount.--In the case of an eligible
individual, the amount of regular compensation (including
dependents' allowances) payable for any week of unemployment to
which such agreement applies shall be equal to the amount
determined under the State law (before the application of this
paragraph), plus an additional--
(A) 25 percent, or
(B) $100,
whichever is greater.
(2) Eligible individual.--For purposes of this section, the
term ``eligible individual'' means an individual who--
(A) is receiving regular compensation under the
State law of the State that is a party to the
agreement; and
(B) at any time during the week before the week
that includes August 28, 2005, either held employment
in or resided in an area--
(i) that is within a qualified State; and
(ii) for which the President has declared a
major disaster under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) as a result of
Hurricane Katrina.
(c) Nonreduction Rule.--Under the agreement, subsection (b) shall
not apply (or shall cease to apply) with respect to a State upon a
determination by the Secretary that the method governing the
computation of regular compensation under the State law of such State
has been modified in a way such that--
(1) the average weekly amount of regular compensation which
will be payable during the period of the agreement (determined
disregarding the modification described in subsection (b)) will
be less than
(2) the average weekly amount of regular compensation which
would otherwise have been payable during such period under such
State law, as in effect on August 28, 2005.
(d) Coordination Rule.--The modification described in subsection
(b) shall also apply in determining the amount of benefits payable
under any Federal law, to any eligible individual, to the extent that
those benefits are determined by reference to regular compensation
payable under the State law of the State involved.
SEC. 323. REQUIREMENTS RELATING TO EMERGENCY EXTENDED UNEMPLOYMENT
COMPENSATION.
(a) In General.--Any agreement under this subtitle shall provide
that the State agency of the State will, for any weeks of unemployment
to which such agreement applies, make payments of emergency extended
unemployment compensation under this subtitle to individuals who--
(1) have exhausted all rights to regular compensation under
the State law or under Federal law, but only if exhaustion
occurs upon or after the close of the week that includes August
28, 2005;
(2) have no rights to regular compensation or extended
compensation with respect to a week under such law or any other
State unemployment compensation law or to compensation under
any other Federal law;
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of any other
country; and
(4) at any time during the week before the week that
includes August 28, 2005, either held employment in or resided
in an area--
(A) that is within a qualified State; and
(B) for which the President has declared a major
disaster under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
as a result of Hurricane Katrina.
(b) Exhaustion of Benefits.--For purposes of subsection (a)(1), an
individual shall be deemed to have exhausted such individual's rights
to regular compensation under a State law when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(c) Weekly Benefit Amount, Etc.--For purposes of any agreement
under this subtitle--
(1) the amount of emergency extended unemployment
compensation which shall be payable to any individual for any
week of total unemployment shall be equal to the amount of the
regular compensation (including dependents' allowances) payable
to such individual during such individual's benefit year under
the State law for a week of total unemployment;
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for emergency extended unemployment
compensation and to the payment thereof, except where otherwise
inconsistent with the provisions of this subtitle or with the
regulations or operating instructions of the Secretary
promulgated to carry out this subtitle; and
(3) the maximum amount of emergency extended unemployment
compensation payable to any individual for whom an emergency
extended unemployment compensation account is established under
subsection (d) shall not exceed the amount established in such
account for such individual.
(d) Emergency Extended Unemployment Compensation Accounts.--
(1) In general.--Any agreement under this subtitle shall
provide that the State will establish, for each eligible
individual who files an application for emergency extended
unemployment compensation an emergency extended unemployment
compensation account with respect to such individual's benefit
year.
(2) Amount in account.--
(A) In general.--The amount established in an
account under paragraph (1) shall be the amount equal
to 26 times the individual's average weekly benefit
amount for the benefit year.
(B) Weekly benefit amount.--For purposes of this
paragraph, an individual's average weekly benefit
amount for any week is the amount of regular
compensation (including dependents' allowances) under
the State law payable to such individual for such week
for total unemployment.
SEC. 324. PAYMENTS TO STATES.
(a) In General.--There shall be paid to each State which has
entered into an agreement under this subtitle the following:
(1) An amount equal to 100 percent of any additional
regular compensation made payable to individuals by such State
by virtue of the modification described in section 322(b) and
deemed to be in effect with respect to such State pursuant to
section 322(a).
(2) An amount equal to 100 percent of any emergency
extended unemployment compensation paid to individuals by such
State pursuant to such agreement.
(3) An amount equal to 100 percent of any regular
compensation, not otherwise reimbursable under this section,
paid by such State under the State law of such State--
(A) to individuals whose unemployment was a result
of Hurricane Katrina (as determined under criteria
established by the Secretary); and
(B) for any weeks of unemployment to which such
agreement applies.
(b) Determination of Amount.--Sums payable under this section to
any State by reason of such State having an agreement under this
subtitle shall be payable, either in advance or by way of reimbursement
(as may be determined by the Secretary), in such amounts as the
Secretary estimates the State will be entitled to receive under this
subtitle for each calendar month, reduced or increased (as the case may
be) by any amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less than the
amounts which should have been paid to the State. Such estimates may be
made on the basis of such statistical, sampling, or other method as may
be agreed upon by the Secretary and the State agency of the State
involved.
SEC. 325. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account and the Federal unemployment account of the Unemployment Trust
Fund shall be used, in accordance with succeeding provisions of this
section, for the making of payments to States having agreements entered
into under this subtitle.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
payable to such State under this subtitle. The Secretary of the
Treasury, prior to audit or settlement by the Government Accountability
Office, shall make payments to the State in accordance with such
certification--
(1) by transfers from the extended unemployment
compensation account of the Unemployment Trust Fund, to the
extent that they relate to amounts described in paragraph (1)
or (2) of section 324(a); and
(2) by transfers from the Federal unemployment account of
the Unemployment Trust Fund, to the extent that they relate to
amounts described in section 324(a)(3).
SEC. 326. DEFINITIONS.
(a) In General.--For purposes of this subtitle--
(1) the terms ``Secretary'', ``State'', ``State agency'',
``State law'', ``regular compensation'', ``week'', ``benefit
year'', and ``base period'' have the respective meanings given
such terms under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970;
(2) the terms ``wages'' and ``employment'' have the
respective meanings given such terms under section 3306 of the
Internal Revenue Code of 1986;
(3) the term ``extended unemployment compensation account''
means the account established by section 905(a) of the Social
Security Act;
(4) the term ``Federal unemployment account'' means the
account established by section 904(g) of the Social Security
Act; and
(5) the term ``Unemployment Trust Fund'' means the fund
established by section 904(a) of the Social Security Act.
(b) Special Rule.--Notwithstanding any provision of subsection (a),
in the case of a State entering into an agreement under this subtitle--
(1) the term ``State law'' shall be considered to refer to
the State law of such State, applied in conformance with the
modification described in section 322(b), subject to section
322(c); and
(2) the term ``regular compensation'' shall be considered
to refer to such compensation, determined under its State law
(applied in the manner described in paragraph (1)),
except as otherwise provided or where the context clearly indicates
otherwise.
SEC. 327. APPLICABILITY.
An agreement entered into under this subtitle shall apply to weeks
of unemployment--
(1) beginning on or after the first day of the week that
includes August 28, 2005; and
(2) ending before September 1, 2006.
Subtitle D--Health Insurance Coverage
SEC. 331. TEMPORARY EMERGENCY HEALTH COVERAGE ASSISTANCE FOR BUSINESSES
AND INDIVIDUALS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in consultation
with the insurance commissioners of those States contained in whole or
in part in the Hurricane Katrina disaster area, shall establish a
program to provide emergency health coverage continuation relief
through the provision of direct payments of health insurance premiums
or continuation assistance on behalf of eligible businesses and their
employees and purchasers of individual health insurance coverage.
(b) Definitions.--In this section:
(1) Eligible individuals.--The term ``eligible individual''
means an individual (and the family dependents of such
individual as may be covered under the health insurance
coverage in which such individual is enrolled)--
(A) who is a citizen, national, or qualified alien
as defined in section 431(b) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1641(b));
(B) whose permanent residence as of August 28, 2005
was located in a Hurricane Katrina disaster area;
(C) who was covered under individual (nongroup)
health insurance coverage, including a policy operated
pursuant to a qualified high risk pool (as defined in
section 2744 of the Public Health Service Act (42
U.S.C. 300gg-44)), on August 28, 2005; and
(D) whose ability to continue such coverage was
severely impaired as a result of hurricane-related
disruption in a Hurricane Katrina disaster area.
(2) Eligible businesses.--The term ``eligible business''
means a corporation, sole proprietorship, or partnership that
employs not more than 50 employees and that--
(A) operated as of August 28, 2005 in a Hurricane
Katrina disaster area;
(B) offered coverage under a group health plan (as
defined in section 733(a)(1) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1191b(a)(1))) on
August 28, 2005 to employees in a Hurricane Katrina
disaster area; and
(C) had its ability to continue coverage under such
plan severely impaired as a result of disruption of the
sponsor's business activity in the Hurricane Katrina
disaster area.
(3) Continuation assistance.--The term ``continuation
assistance'' means, in the case of an eligible business that
offers health insurance coverage under a self-insured
arrangement, assistance in paying administrative services fees,
claims costs, stop-loss premiums, and any amounts required to
be paid by employees to participate in the arrangement.
(4) Hurricane katrina disaster area.--The term ``Hurricane
Katrina disaster area'' means a parish in the State of
Louisiana, a county in the State of Mississippi, or a county in
the State of Alabama, for which a major disaster has been
declared in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) as a result of Hurricane Katrina and which the
President has determined, before September 11, 2005, warrants
both individual and public assistance from the Federal
Government under such Act.
(c) Health Coverage Continuation Relief.--
(1) In general.--The Secretary shall design and implement
the program under subsection (a) in a manner that enables
eligible individuals and eligible businesses to be eligible for
direct premium reimbursement or continuation assistance to be
paid by the Secretary on behalf of such individual or business
directly to the health insurance issuer or administrative
services provider involved. In the case of an eligible
business, premium reimbursement shall include the premium
shares of both the employer and employees, as applicable.
(2) Limitation.--Subject to paragraph (3), in no case shall
the value of the assistance provided under the program under
this section, with respect to an individual or business, exceed
100 percent of the applicable premium for coverage or
continuation assistance for the period of coverage involved,
including, with respect to employer coverage, the employer and
employees' share of premiums, if applicable.
(3) Enrollment.--
(A) In general.--The Secretary shall establish an
expedited process for the enrollment of eligible
individuals and eligible businesses in the program
under this section.
(B) Duty of secretary upon receipt of notice.--The
Secretary, upon receipt of a notice under subsection
(f)(2), shall enroll the eligible individual or
eligible business involved in the program under this
section.
(C) Duty of issuer.--A group health plan, or health
insurance insurer with respect to such a plan, shall
make a reasonable effort to notify an eligible
individual or eligible business--
(i) of the automatic enrollment of such
individual or business in the program under
subparagraph (B);
(ii) that, if it is later determined that
the means of support of such individual, or the
ability of such business to continue health
insurance coverage, was not severely disrupted
(as determined subject to a randomized
retrospective audit process), such individual
or business may be required at a later date to
repay the program for the amount of premiums or
continuation assistance paid on its behalf; and
(iii) that such individual or business may
elect to decline enrollment, or cancel
enrollment, in the program by notifying the
health insurance issuer or administrative
service provider involved.
(d) Retrospective Audit Authority.--
(1) In general.--The Secretary shall provide for the
application of a randomized retrospective auditing process to
the program under this section by a date that is not earlier
than December 1, 2005.
(2) Repayment of funds.--If the Secretary determines,
pursuant to the audit process under paragraph (1), that an
individual or business that was enrolled in the program under
this section did not meet the disruption or other eligibility
requirements provided for in paragraph (1) or (2) of subsection
(b), the Secretary shall seek the repayment of funds paid on
behalf of such individual or business. Such repayments shall be
made with no interest or late penalty to accrue prior to the
commencement of a repayment period which shall begin not
earlier than the date that is 3 months after the date on which
a determination and notice of noneligibility is provided.
(3) No double payments.--The Secretary shall take
appropriate actions to ensure that health insurance issuers do
not retain double payments in instances where businesses or
individuals pay premiums for any period for which payments have
already been made under the program under this section.
(e) Emergency Period.--Payments under the program under this
section shall be made only for premiums due during the period beginning
on August 28, 2005 and expiring 12 months after such date. Prior to the
expiration of such period, the Secretary may make recommendations to
Congress regarding any reasonably determined need to extend such
emergency period.
(f) Noncancellation of Health Insurance Coverage.--
(1) In general.--During the 12-month emergency period
described in subsection (e), health insurance issuers that
accept payments under the program under this section shall be
prohibited from canceling or terminating health insurance
coverage or, in the case of administrative services providers,
refusing to process claims under a self-insured arrangement.
Such health insurance issuers and administrative service
providers shall be prohibited during such period from
increasing any amounts due pursuant to such coverage or
arrangements that were not previously scheduled pursuant to a
contract prior to August 28, 2005.
(2) Notification.--To be eligible to receive payments under
ths program under this section, a health insurance issuer or
administrative services provider shall notify the Secretary--
(A) not earlier than 61 days following the
nonpayment of a scheduled premium payment from an
individual or business policyholder in a Hurricane
Katrina disaster area, of the fact of such nonpayment
(or nonreimbursement of claims under a self-insured
arrangement); or
(B) following a communication to the health
insurance insurer or administrative service provider by
an individual or business reasonably indicating
eligibility for assistance under such program, of the
fact of such communication.
(g) Expedited Rulemaking.--The Secretary shall utilize expedited
rulemaking procedures to carry out this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000,000 for fiscal year
2006.
SEC. 332. AUTHORITY TO POSTPONE CERTAIN DEADLINES RELATED TO INDIVIDUAL
HEALTH COVERAGE BY REASON OF PRESIDENTIALLY DECLARED
DISASTER OR TERRORISTIC OR MILITARY ACTION.
(a) In General.--Title XXVII of the Public Health Service Act (42
U.S.C. 300gg et seq.) is amended by adding at the end the following:
``SEC. 2793. AUTHORITY TO POSTPONE CERTAIN DEADLINES BY REASON OF
PRESIDENTIALLY DECLARED DISASTER OR TERRORISTIC OR
MILITARY ACTION.
``In the case of a plan offered through the individual market, or
any health insurance issuer, participant, beneficiary, or other person
with respect to such plan, affected by a Presidentially declared
disaster (as defined in section 1033(h)(3) of the Internal Revenue Code
of 1986) or a terrorist or military action (as defined in section
692(c)(2) of such Code), the Secretary may, notwithstanding any other
provision of law, prescribe, by notice or otherwise, a period of up to
1 year which may be disregarded in determining the date by which any
action is required or permitted to be completed under this title. No
plan shall be treated as failing to be operated in accordance with the
terms of the plan solely as a result of disregarding any period by
reason of the preceding sentence.''.
(b) Application of Amendment.--The Secretary of Health and Human
Services shall implement the amendment made by subsection (a) in the
same manner in which the Secretary of Labor implements section 518 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1148)
with respect to group health plans.
TITLE IV--HOUSING AND COMMUNITY REBUILDING
SEC. 401. DEFINITIONS.
For purposes of this title, the following definitions shall apply:
(1) Affected family.--The term ``affected family'' means
and individual or family that meets the following requirements:
(A) The individual or family resided, on August 25,
2005, in any area for which the President declared a
major disaster or emergency under title IV of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act in connection with Hurricane Katrina of
2005.
(B) The residence of the individual or family
became uninhabitable or inaccessible as a result of
such major disaster or emergency.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 402. PUBLIC HOUSING CAPITAL FUND RESERVES FOR EMERGENCIES AND
NATURAL DISASTERS.
(a) Availability of Funds Set-Aside in Previous Years.--
Notwithstanding any other provision of law, any amounts set aside in
fiscal years 2003, 2004, and 2005 for use under section 9(k) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(k)) and remaining
unobligated on the date of the enactment of this Act shall be available
for use under such section (not including paragraph (4) of such
section) for emergencies and other disasters occurring in fiscal year
2005, and shall remain available until expended.
(b) Authorization of Appropriations.--In addition to any other
amounts authorized to be appropriated under other provisions of law,
there is authorized to be appropriated for fiscal year 2006 for use
under section 9(k) of the United States Housing Act of 1937 (42 U.S.C.
1437g(k)), $100,000,000, to remain available until expended. Any
amounts made available pursuant to this subsection funds shall be used
only for activities conducted in any area for which the President
declared a major disaster or emergency under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act in connection
with Hurricane Katrina.
SEC. 403. HOPE VI PROGRAM.
In addition to any other amounts authorized to be appropriated
under other provisions of law, there is authorized to be appropriated
for fiscal year 2006 for grants to public housing agencies for
demolition, site revitalization, replacement housing, and tenant-based
assistance grants to projects, as authorized under section 24 of the
United States Housing Act of 1937 (42 U.S.C. 1437v), $100,000,000, to
remain available until expended. Any amounts made available pursuant to
this section shall be used only for such activities conducted in any
area for which the President declared a major disaster or emergency
under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act in connection with Hurricane Katrina.
SEC. 404. HOME INVESTMENT PARTNERSHIPS PROGRAM.
In addition to any other amounts authorized to be appropriated
under other provisions of law, there is authorized to be appropriated
for fiscal year 2006 to carry out the HOME Investment Partnership
Program, as authorized under title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12721 et seq.), $1,000,000,000, to
remain available until expended. Any amounts made available pursuant to
this section shall be used only for affordable housing activities
conducted in any area for which the President declared a major disaster
or emergency under title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act in connection with Hurricane Katrina.
SEC. 405. COMMUNITY DEVELOPMENT BLOCK GRANT ASSISTANCE.
(a) Authorization of Appropriations.--In addition to any other
amounts authorized to be appropriated under other provisions of law,
there is authorized to be appropriated for fiscal year 2006 for
activities authorized under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.), $1,000,000,00, to
remain available until expended.
(b) Use.--
(1) In general.--Any amounts made available pursuant to
this section shall be used only for disaster relief, long-term
recovery, and mitigation in communities in any area for which
the President declared a major disaster or emergency under
title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act in connection with Hurricane Katrina,
except those activities reimbursable by the Federal Emergency
Management Agency or available through the Small Business
Administration.
(2) Projects in progress.--In the case of any project or
activity in an area described in paragraph (1) that was
underway before the Presidential declaration with respect to
such area, the project or activity may not be provided any
amounts made available under this section unless the disaster
or emergency for which such declaration was made directly
impacted the project.
(c) Allocation.--Subject to subsection (d), any amounts made
available pursuant to this section shall be awarded by the Secretary of
Housing and Urban Development to States (including Indian tribes for
all purposes under this section) to be administered by each State in
conjunction with its community development block grants program.
Notwithstanding paragraph (2) of section 106(d) of the Housing and
Community Development Act of 1974, States may provide assistance with
amounts made available under this section to entitlement communities.
(d) Supplementation Requirement.--Each State shall provide not less
than 10 percent in non-Federal public matching funds or its equivalent
value (other than administrative costs) for any funds allocated to the
State under this section.
(e) Waiver.--
(1) Authority.--In administering any amounts made available
under this section, the Secretary may waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with
the obligation by the Secretary or the use by the recipient of
such amounts (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding that such waiver is required to facilitate the use of
such amounts, and would not be inconsistent with the overall
purpose of the statute. The Secretary may waive the
requirements that activities benefit persons of low and
moderate income, except that at least 50 percent of the amounts
made available under this section shall benefit primarily
persons of low and moderate income unless the Secretary makes a
finding of compelling need.
(2) Publication.--The Secretary shall publish in the
Federal Register any waiver of any statute or regulation
authorized under this subsection no later than 5 days before
the effective date of such waiver.
SEC. 406. CDBG LOAN GUARANTEE PROGRAM.
In addition to any other amounts authorized to be appropriated
under other provisions of law, there is authorized to be appropriated
for fiscal year 2006 for costs (as such term is defined in section 502
of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a) of guarantees
under section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308), $10,000,000, to remain available until expended. Any
amounts made available pursuant to this section shall be used only for
guarantees for obligations of eligible public entities for financing
activities conducted in any area for which the President declared a
major disaster or emergency under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act in connection with
Hurricane Katrina.
SEC. 407. YOUTHBUILD PROGRAM.
In addition to any other amounts authorized to be appropriated
under other provisions of law, there is authorized to be appropriated
for fiscal year 2006 to carry out Subtitle D of title IV of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899et
seq.), $200,000,000, to remain available until expended. Any amounts
made available pursuant to this section shall be used only for
Youthbuild programs carried out in any area for which the President
declared a major disaster or emergency under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act in connection
with Hurricane Katrina.
SEC. 408. CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND AFFORDABLE
HOUSING.
In addition to any other amounts authorized to be appropriated
under other provisions of law, there is authorized to be appropriated
for fiscal year 2006 to carry out section 4 of the HUD Demonstration
Act of 1993 (42 U.S.C. 9816 note), $4,500,000, to remain available
until expended. Any amounts made available pursuant to this section
shall be used only for capacity-building activities for community
development corporations or community housing development organizations
undertaking community development or affordable housing activities in
any area for which the President declared a major disaster or emergency
under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act in connection with Hurricane Katrina.
SEC. 409. EMERGENCY RENTAL ASSISTANCE VOUCHERS.
(a) In General.--There is authorized to be appropriated to the
Secretary $3,500,000,000 for the Secretary to provide 300,000
incremental vouchers for tenant-based rental housing assistance under
section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)).
(b) Family Eligibility.--Tenant-based assistance pursuant to
subsection (a) may be provided only on behalf of an affected family
that is otherwise eligible for assistance under such section 8(o).
However, the Secretary and the Federal Emergency Management Agency
shall permit such recipients to accept additional assistance to cover
the costs of utilities and for other purposes from private or not-for-
profit groups, without affecting their eligibility.
(c) Administration.--Notwithstanding any other provision of law,
the Secretary shall provide that voucher assistance provided under this
section may be administered by faith-based organizations and community
development corporations that have access to dwelling units in
connection with which such voucher assistance may be used.
SEC. 410. PROHIBITION OF PLACEMENT OF FAMILIES IN SUBSTANDARD DWELLING
UNITS.
Notwithstanding any other provision of law, no financial assistance
may be provided in any form by any agency of the Federal Government to
provide a temporary or permanent residence for an affected family that
is uninhabitable and unless the dwelling unit complies with the housing
quality standards established pursuant to section 8(o)(8)(B) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B)).
SEC. 411. FAIR HOUSING ENFORCEMENT.
(a) Authorization of Appropriations.--In addition to any other
amounts authorized to be appropriated under other provisions of law,
there is authorized to be appropriated for fiscal year 2006 $10,000,000
for activities under section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a).
(b) Scope of Use.--Any amounts made available pursuant to this
section shall be used for activities under such section 561 carried out
in States affected by Hurricane Katrina or States that the Secretary
determines have a substantial number of persons who relocated to such
State as a result of displacement caused by such hurricanes.
(c) Eligible Activities.--Amounts made available under this section
may be used by the Secretary for costs to the Department of Housing and
Urban Development of hiring and training individuals who are members of
affected families or who are unemployed as a result of the elimination
of a previous employment position due to Hurricane Katrina, to serve in
regional offices of the Department located in States described in
subsection (b) and conduct activities under such section 561.
SEC. 412. HOUSING COUNSELING FOR FAMILIES IN TEMPORARY SHELTERS.
(a) Authorization of Appropriations.--In addition to any other
amounts authorized to be appropriated under other provisions of law,
there is authorized to be appropriated for fiscal year 2006 $10,000,000
for assistance under section 106 of the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701x).
(b) Eligible Use.--Any amounts made available pursuant to this
section shall be used for activities under such section 106 to assist
affected families living in temporary shelters or other temporary
housing situations to obtain a permanent residence.
SEC. 413. AVAILABILITY OF HUD INVENTORY PROPERTIES.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall make covered properties available for occupancy by
eligible families, as provided in this section.
(b) 6-Month Reservation for Use Only by Eligible Families.--
(1) Requirement to offer only to eligible families.--During
the 6-month period beginning on the date of the enactment of
this Act, the Secretary may not dispose of any covered property
under any provision of law other than this Act and may not
offer, or enter into any agreement for disposition of, a
covered property under any other such provision.
(2) Request and occupancy.--If, during the period referred
to in paragraph (1), an eligible family makes a request, in
such form as the Secretary may require, to occupy a covered
property, the Secretary shall, in accordance with the selection
criteria established pursuant to subsection (d), make the
covered property available to the eligible family for occupancy
in accordance with the terms under subsection (e).
(c) Continued Availability.--
(1) Availability for eligible families.--During the 18-
month period that begins upon the conclusion of the period
under subsection (b)(1), the Secretary shall offer each covered
property for occupancy by affected families, but, except as
provided in paragraph (2) of this subsection, may dispose of
covered properties under other applicable provisions of law and
may offer and enter into agreements for disposition of covered
properties under such other provisions.
(2) Request and occupancy.--If, during the period referred
to in paragraph (1), an eligible family makes a request, in
such form as the Secretary may require, to occupy a covered
property for which the Secretary has not entered into any
agreement for disposition under any other provision of law, the
Secretary shall, in accordance with the selection criteria
established pursuant to subsection (d), make the covered
property available to the eligible family for occupancy in
accordance with the terms under subsection (e).
(d) Selection Criteria.--The Secretary shall establish criteria to
select an eligible family to occupy a covered property for which more
than one family has submitted such a request. Such criteria shall
provide preference for eligible families having incomes not exceeding
the median income for the area in which the primary residence of the
family referred to in subsection (g)(2) was located.
(e) Occupancy Terms.--Occupancy in a covered property pursuant to
this section shall be subject to the following terms:
(1) 5-years rent-free.--The eligible family may reside in
the property under the terms of a lease (or renewable leases)
which shall provide for rent-free occupancy, but which in no
case may extend beyond the expiration of the 5-year period
beginning upon initial occupancy of the property by the family.
(2) Option to purchase.--At any time during the occupancy
of a covered property by an eligible family pursuant to
paragraph (1), the eligible family may purchase the property
from the Secretary at price equal to the lesser of--
(A) the fair market value of the property as of the
time of initial occupancy by such family, as determined
by the Secretary, or
(B) the fair market value of the property as of the
time of such purchase, as determined by the Secretary,
less the cost of any repairs or improvements made by
the family during occupancy of the property.
The Secretary shall periodically inform each eligible family
occupying a covered property of the availability of the
property for purchase under this paragraph.
(f) Outreach.--The Secretary shall take such actions as may be
appropriate to inform eligible families of the availability of covered
properties pursuant to this section.
(g) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Covered property.--The term ``covered property'' means
any property that--
(A) is designed as a dwelling for occupancy by one
to four families;
(B) was previously subject to a mortgage insured
under the National Housing Act; and
(C) is owned by the Secretary pursuant to the
payment of insurance benefits under such Act.
(2) Eligible family.--The term ``eligible family'' means a
person or household whose primary residence, as of August 29,
2005--
(A) was located in an area within which the
President declared, under the Robert T. Stafford
Disaster Assistance and Emergency Relief Act, a major
disaster to have occurred pursuant to Hurricane
Katrina; and
(B) was, as a result of Hurricane Katrina,
destroyed or damaged to such an extent that the
residence is not habitable.
SEC. 414. HURRICANE KATRINA MORTGAGE PROTECTION FUND.
(a) In General.--The Secretary, in consultation with the Federal
banking agencies and the appropriate State bank supervisors of those
States contained in whole or in part in the Hurricane Katrina disaster
area, shall establish a program to provide emergency mortgage
assistance through the provision of direct mortgage payments on behalf
of eligible individuals.
(b) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Consumer mortgage.--The term ``consumer mortgage''
means any consumer credit transaction (as defined in section
103 of the Truth in Lending Act) in which a security interest,
including any such interest arising by operation of law, is
retained or acquired in any property which is used as the
principal dwelling of the person to whom credit is extended.
(2) Consumer mortgage payment.--The term ``consumer
mortgage payment'' means the scheduled payment on a consumer
mortgage for principal, interest, and any scheduled deposit in
an escrow account for the purpose of assuring payment of taxes,
insurance, or other charges with respect to the property
securing such consumer mortgage.
(3) Eligible individual.--The term ``eligible individual''
means an individual--
(A) who is a citizen, national, or qualified alien
as defined in section 431(b) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1641(b));
(B) whose permanent residence as of August 28, 2005
was located in a Hurricane Katrina disaster area;
(C) who was a mortgagor on a consumer mortgage that
was entered into before August 28, 2005; and
(D) whose ability to continue meeting the consumer
mortgage payment obligations under the consumer
mortgage was severely impaired as a result of
hurricane-related disruption in a Hurricane Katrina
disaster area.
(4) Federal banking agency and state bank supervisor.--The
terms ``Federal banking agency'' and ``State bank supervisors''
have the meaning given such terms in section 3 of the Federal
Deposit Insurance Act.
(5) Hurricane katrina disaster area.--The term ``Hurricane
Katrina disaster area'' means a parish in the State of
Louisiana, a county in the State of Mississippi, or a county in
the State of Alabama, for which a major disaster has been
declared in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) as a result of Hurricane Katrina and which the
President has determined, before September 11, 2005, warrants
both individual and public assistance from the Federal
Government under such Act.
(6) Servicer.--The term ``servicer'', with respect to a
consumer mortgage, has the same meaning as in section 6(i) of
the Real Estate Settlement Procedures Act of 1974.
(c) Mortgage Payment Relief.--
(1) In general.--The Secretary shall design and implement
the program under subsection (a) in a manner that enables
eligible individuals to obtain assistance with respect to a
consumer mortgage to be paid by the Secretary on behalf of such
individual directly to the consumer mortgage servicer.
(2) Limitation.--Subject to paragraph (3), in no case shall
the value of the assistance provided under the program under
this section, in the case of any eligible individual, exceed
100 percent of the total amount of consumer mortgage payments
due during such period with respect to such individual.
(3) Enrollment.--
(A) In general.--The Secretary shall establish an
expedited process for the enrollment of eligible
individuals in the program under this section.
(B) Duty of secretary upon receipt of notice.--The
Secretary, upon receipt of a notice under subsection
(f)(1), shall enroll the eligible individual involved
in the program under this section subject to such
verification procedures as the Secretary may determine
to be appropriate, consistently with the purposes of
this section.
(C) Duty of issuer.--A consumer mortgage servicer
shall make a reasonable effort to notify an eligible
individual--
(i) of the automatic enrollment of such
individual in the program under subparagraph
(B);
(ii) that, if it is later determined that
the ability to continue meeting the consumer
mortgage payment obligations of such individual
under the consumer mortgage was not severely
impaired as a result of hurricane-related
disruption in a Hurricane Katrina disaster area
(as determined subject to a randomized
retrospective audit process or otherwise), such
individual may be required at a later date to
repay the program for the total amount of
consumer mortgage payments made by the
Secretary on behalf of such individual; and
(iii) that such individual may elect to
decline enrollment, or cancel enrollment, in
the program by notifying the consumer mortgage
servicer involved.
(d) Retrospective Audit Authority.--
(1) In general.--The Secretary shall provide for the
application of a randomized retrospective auditing process to
the program under this section by a date that is not earlier
than November 1, 2005.
(2) Repayment of funds.--
(A) Action by secretary.--If the Secretary
determines, pursuant to the audit process under
paragraph (1), that an individual that was enrolled in
the program under this section did not meet the
eligibility requirements provided for in subsection
(b), the Secretary shall seek the repayment of funds
paid on behalf of such individual.
(B) Terms of repayment.--Any repayment pursuant to
subparagraph (A) shall be made with no interest or late
penalty to accrue prior to the commencement of a
repayment period which shall begin not earlier than the
date that is 3 months after the date on which a
determination and notice of noneligibility is provided.
(3) No double payments.--The Secretary shall take
appropriate actions to ensure that consumer mortgage servicers
do not retain double payments in instances where individuals
make payments on a consumer mortgage for any period for which
payments have already been made under the program under this
section.
(e) Emergency Period.--Payments under the program under this
section shall be made only for consumer mortgage payments due during
the 1-year period beginning on August 28, 2005.
(f) Notice and Prohibited Actions.--
(1) Notification.--To be eligible to receive payments under
the program under this section, a consumer mortgage servicer
shall notify the Secretary--
(A) not earlier than 31 days following the
nonpayment of a scheduled consumer mortgage payment
from an individual in a Hurricane Katrina disaster
area, of the fact of such nonpayment; or
(B) following a communication to the consumer
mortgage servicer by an individual reasonably
indicating eligibility for assistance under such
program, of the fact of such communication.
(2) Prohibited actions.--During the 1-year emergency period
described in subsection (e), a consumer mortgage servicer who
accept payments under the program under this section with
respect to any consumer mortgage, and any person who makes or
holds such consumer mortgage (if other than the servicer), may
not--
(A) accelerate the maturity of or commence any
legal action regarding such a mortgage (including
mortgage foreclosure to recover under such obligation)
or take possession of any security of the mortgagor for
such consumer mortgage obligation; or
(B) increase the annual percentage rate of interest
with respect to such consumer mortgage or impose any
other fees or charges with respect to such consumer
mortgage.
(g) Expedited Rulemaking.--The Secretary shall utilize expedited
rulemaking procedures to carry out this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary for fiscal year 2006 to
carry out the purposes of this section.
SEC. 415. HOUSING PRIORITY FOR MILITARY PERSONNEL.
(a) Priority.--During the 12-month period beginning on the date of
the enactment of this Act, priority shall be given, under any covered
housing program, to providing assistance under the program on behalf of
any member of the Armed Forces (and on behalf of the members of the
household of such member) that is an affected family and who has
served, or is serving, on active duty in Iraq during Operation Iraqi
Freedom or in Afghanistan during Operation Enduring Freedom. Such
priority shall be afforded without respect to whether the member of the
Armed Forces is on such active duty or not.
(b) Covered Housing Programs.--For purposes of this section, a
covered housing program is--
(1) a program of the Federal Emergency Management Agency or
any other agency of the Federal Government that provides
housing or housing assistance; or
(2) a program of any agency of any State or local
government, or of any nongovernmental organization, that--
(A) provides housing or housing assistance; and
(B) is funded, in whole or in part, with any
amounts from the Federal Government.
TITLE V--EDUCATION PROVISIONS
Subtitle A--General Provisions
SEC. 501. DEFINITIONS.
In this title:
(1) The term ``child'' means any person within the age
limits for which the State in which the person is located
provides free public education.
(2) The term ``elementary school'' has the meaning given
such term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(3) The term ``impacted local educational agency'' means a
local educational agency serving an area for which, due to
Hurricane Katrina, a major disaster has been declared in
accordance with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170).
(4) The term ``local educational agency'' has the meaning
given such term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(5) The terms ``pupil services'' and ``pupil services
personnel'' have the meanings given such terms in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(6) The term ``relocated student'' means a child who--
(A) is a homeless child or youth as those terms are
used in the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11421 et seq.);
(B) but for Hurricane Katrina, would be enrolled in
an elementary school or secondary school in an area for
which, due to the hurricane, a major disaster has been
declared in accordance with section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.); and
(C) because of Hurricane Katrina--
(i) is unable to access the education and
related services that the child otherwise would
be receiving at such school; and
(ii) is enrolled at a public elementary
school or secondary school in a different
geographical location in a State.
(7) The term ``secondary school'' has the meaning given
such term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(8) The term ``State'' has the meaning given such term in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
Subtitle B--Early Childhood Programs Assistance
PART 1--EMERGENCY FUNDING FOR CONTINUATION OF SERVICES UNDER CHILD CARE
AND DEVELOPMENT BLOCK GRANT ACT OF 1990
SEC. 511. EMERGENCY ASSISTANCE FOR SERVICES UNDER CHILD CARE AND
DEVELOPMENT BLOCK GRANT ACT OF 1990.
The Secretary of Health and Human Services may make grants directly
to eligible child care providers located in the States of Louisiana,
Mississippi, and Alabama that provided before August 22, 2005, child
care services under the Child Care and Development Block Grant Act of
1990, for the purpose of enabling such providers, on a transitional
basis at new locations in such States, to continue to provide such
services. Such grants may be used for any purpose authorized by such
Act as well as to purchase supplies and materials, to provide
transportation, to lease or purchase temporary space in facilities, and
to rehabilitate or construct facilities for the purpose of providing
such services.
SEC. 512. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,000,000,000 in the
aggregate for fiscal years 2006, 2007, and 2008 to carry out this part.
PART 2--WAIVER AUTHORITY TO PROVIDE SERVICES UNDER CHILD CARE AND
DEVELOPMENT BLOCK GRANT ACT OF 1990
SEC. 521. WAIVER AUTHORITY TO EXPAND THE AVAILABILITY OF SERVICES UNDER
CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990.
(a) Authority.--For such period (ending not later than June 30,
2006), and to such extent as the Secretary of Health and Human Services
considers to be appropriate, the Secretary may waive the provisions
described in subsection (b) for any area with respect to which the
President has determined that an emergency, or a major disaster, as
defined in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122), exists, related to Hurricane
Katrina, for the purpose of providing child care services to children
orphaned, or of families displaced, as a result of Hurricane Katrina.
(b) Provisions.--The provisions referred to in subsection (a) are
provisions of the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.)--
(1) relating to income limitations on eligibility to
receive child care services for which assistance is provided
under such Act;
(2) relating to work requirements applicable to eligibility
to receive child care services for which assistance is provided
under such Act;
(3) requiring the application of section 658G of such Act
to States in which an area described in subsection (a) is
located;
(4) requiring a copayment or other cost sharing by the
families that receive child care services for which assistance
is provided under such Act; and
(5) preventing children designated as evacuees from
receiving priority for child care services for which assistance
is provided under such Act, except that children residing in an
area and currently receiving services on August 22, 2005, shall
not lose such services in order to accommodate evacuee
children.
SEC. 522. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to provide for child care
services for children and families described in section 521(a) as
provided for in section 521, $112,000,000 for fiscal year 2006.
PART 3--EMERGENCY FUNDING FOR CONTINUATION OF HEAD START SERVICES
SEC. 531. EMERGENCY ASSISTANCE FOR HEAD START SERVICES.
The Secretary of Health and Human Services may make grants directly
to Head Start agencies located in the States of Louisiana, Mississippi,
and Alabama that provided before August 22, 2005, Head Start services
under the Head Start Act, for the purpose of enabling such agencies, on
a transitional basis at new locations in such States, to continue to
provide such services. Such grants may be used for any purpose
authorized by such Act as well as to purchase supplies and materials,
to provide transportation, to lease or purchase temporary space in
facilities, and to rehabilitate or construct facilities for the purpose
of providing such services.
SEC. 532. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $150,000,000 in the
aggregate for fiscal years 2006, 2007, and 2008 to carry out this part.
PART 4--WAIVER AUTHORITY TO PROVIDE HEAD START SERVICES
SEC. 541. WAIVER AUTHORITY TO EXPAND THE AVAILABILITY OF HEAD START
SERVICES.
(a) Income Eligibility and Documentation Waivers.--The Secretary of
Health and Human Services shall waive requirements of income
eligibility and documentation for children affected by Hurricane
Katrina who participate in Head Start programs and Early Head Start
programs funded under the Head Start Act.
(b) Waiver.--For such period up to June 30, 2006, and to such
extent as the Secretary of Health and Human Services considers to be
appropriate, the Secretary may waive section 640(b) of the Head Start
Act for Head Start agencies located in an area affected by Hurricane
Katrina and other affected Head Start agencies.
SEC. 542. TECHNICAL ASSISTANCE, GUIDANCE, AND RESOURCES.
The Secretary shall provide technical assistance, guidance, and
resources through the Region 4 and Region 6 offices of the
Administration for Children and Families (and may provide technical
assistance, guidance, and resources through other regional offices of
the Administration, at the request of such offices, that administer
impacted Head Start agencies) to Head Start agencies in areas in which
a major disaster has been declared, and to impacted Head Start
agencies, to assist the agencies involved in providing Head Start
services to children affected by Hurricane Katrina.
Subtitle C--Relief for Elementary and Secondary Schools
SEC. 551. EDUCATION AND PUPIL SERVICES FOR ELEMENTARY AND SECONDARY
STUDENTS RELOCATED BECAUSE OF HURRICANE KATRINA.
(a) In General.--From funds appropriated under this section, the
Secretary of Education shall make grants to local educational agencies
for fiscal years 2005 and 2006 for the purpose of facilitating the
enrollment, attendance, and success in public elementary and secondary
schools of relocated students.
(b) Maximum Grant Amount.--The maximum amount of the grant a local
educational agency may receive under this section for any fiscal year
is--
(1) the number of relocated students in the geographic area
served by the local educational agency, as determined by the
Secretary; multiplied by
(2) $8,305.
(c) Use of Funds.--Local educational agencies shall use funds
received under this section for education and pupil services for
relocated students who are enrolled in public schools served by the
agency. Such services may include the following:
(1) Outreach to families affected by Hurricane Katrina in
order to facilitate such families in enrolling relocated
students in school.
(2) Hiring additional teachers, paraprofessionals, and
pupil services personnel required due to the enrollment of such
students.
(3) Procurement of additional equipment and classroom
supplies required due to the enrollment of such students.
(4) Procurement of additional classroom space required due
to the enrollment of such students.
(5) Transportation services provided to such students.
(6) Counseling and other mental health services for such
students.
(d) Application.--To seek a grant under this section, a local
educational agency shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
(e) School Lunches.--Notwithstanding any other provision of law, a
relocated student is deemed eligible for free lunches under section
9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(b)).
(f) Reports.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the Secretary of
Education shall submit reports to the appropriate committees of the
Congress concerning the implementation of this section.
(g) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2005 and 2006. Amounts made available under the
preceding sentence for fiscal year 2005 shall remain available for
expenditure during fiscal year 2006.
SEC. 552. IMMEDIATE AID TO RESTART PUBLIC SCHOOL OPERATIONS.
(a) Grants.--The Secretary of Education shall award grants to
impacted local educational agencies for the purposes of--
(1) providing immediate and direct assistance to impacted
local educational agencies;
(2) assisting administrators and other personnel in such
agencies who are working to restart public elementary school
and secondary school operations; and
(3) facilitating the reopening of public elementary schools
and secondary schools served by such agencies and the
reenrollment of students in such schools as soon as possible.
(b) Amount.--The Secretary shall determine the amount of an
impacted local educational agency's grant under this section based upon
the agency's need for funds to fulfill the purposes described in
subsection (a).
(c) Use of Funds.--Each impacted local educational agency that
receives a grant under this section shall use the grant to restart
public elementary school and secondary school operations and resume the
instruction that was halted as a result of Hurricane Katrina, which
uses may include--
(1) recovery of student and personnel data and other
information;
(2) replacement of school district information systems,
including longitudinal data systems, including hardware and
software;
(3) financial operations;
(4) damage assessments, decontamination, and refurbishment
in the agency's school and administration buildings;
(5) rental of portable classroom units and facilities;
(6) replacement of instructional materials and equipment;
(7) redeveloping instructional plans;
(8) student transportation services;
(9) continued payment of salaries and benefits to teachers
and other staff; and
(10) such other activities as may be necessary to fulfill
the purposes described in subsection (a), including activities
authorized by title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.) and parts B and C of the
Individuals with Disabilities Act (20 U.S.C. 1411 et seq.).
(d) Application.--To seek a grant under this section, an impacted
local educational agency shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may reasonably require.
(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $4,000,000,000 for fiscal year
2006 and such sums as are necessary for fiscal year 2007.
SEC. 553. GRANTS FOR LEA'S SERVING RELOCATED CHILDREN WITH
DISABILITIES.
(a) Grants.--The Secretary shall make grants to local educational
agencies for the purpose of assisting public elementary schools and
secondary schools in such agencies to provide special education and
related services to students with disabilities who are relocated
students in accordance with parts B and C of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.).
(b) Maximum Amount.--The maximum amount of a grant to a local
educational agency under this section for any fiscal year shall be--
(1) the amount that is 40 percent of the average per-pupil
expenditure in public elementary schools and secondary schools
in the United States; multiplied by
(2) the number of students with disabilities described in
subsection (a) who--
(A) are receiving special education and related
services from the agency; and
(B) are--
(i) 3 through 5 years of age if the State
in which the agency is located is eligible for
a grant under section 619 of the Individuals
with Disabilities Education Act (20 U.S.C.
1419); or
(ii) 6 through 21 years of age.
(c) Use of Funds.--A local educational agency that receives funds
under this section may use such funds, with respect to students with
disabilities who are relocated students, for any purpose authorized
under part B or C of the Individuals with Disabilities Education Act
(20 U.S.C. 1411 et seq.).
(d) Application.--To seek a grant under this section, a local
educational agency shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
(e) Relation to IDEA.--Subject to any waivers granted by the
Secretary, a local educational agency that receives funds under this
section shall be subject to the same provisions that would apply to the
receipt of such funds under part B or C of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.), except that this
section shall not be interpreted to grant the Secretary any new waiver
authority.
(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $250,000,000 for fiscal year
2006 and such sums as may be necessary for fiscal year 2007.
SEC. 554. ASSISTANCE FOR HOMELESS YOUTH.
(a) In General.--The Secretary of Education shall provide
assistance to local educational agencies serving homeless children and
youths (as those terms are used in the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11421 et seq.)) who are relocated students,
consistent with section 723 of such Act (42 U.S.C. 11433), including
identification, enrollment assistance, assessment and school placement
assistance, transportation, coordination of school services, supplies,
and referrals for health, mental health, and other needs.
(b) Exception and Distribution of Funds.--
(1) Exception.--For purposes of providing assistance under
subsection (a), subsections (c) and (e)(1) of section 722 and
subsections (b) and (c) of section 723 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11432(c) and (e)(1),
11433(b) and (c)) shall not apply.
(2) Disbursement.--The Secretary of Education shall
disburse funding provided under subsection (a) to State
educational agencies based on need, as determined by the
Secretary, and such State educational agencies shall distribute
funds to local educational agencies based on demonstrated need,
for the purposes of carrying out section 723 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11433).
(c) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $50,000,000 for fiscal year
2006.
SEC. 555. GRANTS FOR ACTIVITIES AT COMMUNITY LEARNING CENTERS.
(a) Grants.--The Secretary shall make grants to eligible entities
for the purpose of assisting such entities to carry out activities
authorized by part B of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7171 et seq.).
(b) Eligible Entity.--In this section, the term ``eligible entity''
means an eligible entity (as that term is defined in section 4201 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171)) in
a geographical area served by an impacted local educational agency or
by a local educational agency that enrolls relocated students.
(c) Maximum Amount.--The maximum amount of a grant to an eligible
entity under this section for any fiscal year shall be--
(1) the number of additional students expected to be served
by the entity as a result of Hurricane Katrina; multiplied by
(2) $1000.
(d) Use of Funds.--An eligible entity receiving funds under this
section may use such funds for any purpose authorized under part B of
title IV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7171 et seq.).
(e) Application.--To seek a grant under this section, an eligible
entity shall submit an application at such time, in such manner, and
containing such information as the Secretary may reasonably require.
(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $400,000,000 for fiscal year
2006 and such sums as may be necessary for fiscal year 2007.
SEC. 556. GRANTS FOR CONSTRUCTION, MODERNIZATION, OR REPAIR OF SCHOOL
FACILITIES.
(a) Grants.--The Secretary of Education shall make grants to
impacted local educational agencies and to local educational agencies
that enroll relocated students for the purpose of constructing,
modernizing, or repairing public kindergarten, elementary, and
secondary educational facilities, including the appropriate portion of
shared-use facilities, that are safe, healthy, and technology-ready.
(b) Allowable Uses of Funds.--A grant under this section may be
used for the following:
(1) Construction of new public school facilities that
ensure the health and safety of students and staff, are energy-
efficient, and include up-to-date educational technology
infrastructure, including where such construction is
economically or otherwise more feasible than large scale
modernization or repair of existing facilities.
(2) Repair or modernization of public school facilities to
ensure the health and safety of students and staff, including--
(A) repairing, replacing, or installing roofs,
electrical wiring, plumbing systems, sewage systems,
windows, or doors;
(B) repairing, replacing, or installing heating,
ventilation, or air conditioning systems (including
insulation); and
(C) bringing public schools into compliance with
fire and safety codes.
(3) Upgrading or installation of educational technology
infrastructure to ensure that students have access to up-to-
date educational technology.
(4) Upgrading school facilities to make them energy-
efficient.
(5) Modifications necessary to make public school
facilities accessible to comply with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), except
that such modifications shall not be the primary use of the
grant.
(6) Asbestos abatement or removal from public school
facilities.
(7) Implementation of measures designed to reduce or
eliminate human exposure to lead-based paint hazards though
methods including interim controls, abatement, or a combination
of each.
(c) Application for Grant.--
(1) Applications required.--To seek a grant under this
section, a local educational agency shall submit an application
to the Secretary as such time, in such manner, and containing
such information as the Secretary may reasonably require.
(2) Application contents.--Each application described in
paragraph (1) shall contain--
(A) an assurance that the application was developed
in consultation with parents and classroom teachers, to
the extent practicable;
(B) a description of the overall condition of the
local educational agency's school facilities, including
health and safety problems;
(C) a description of the capacity of the local
educational agency's schools to house current and
projected enrollments;
(D) a description of the improvements to be
supported with funds provided under this section;
(E) a cost estimate of the proposed improvements;
(F) an identification of other resources that are
available to carry out the activities for which funds
are requested under this section;
(G) in the case of a local educational agency that
proposes to fund a construction, renovation, or repair
project for one or more public charter schools, the
extent to which the schools have access to funding for
the project through the financing methods available to
other public schools or local educational agencies in
the State; and
(H) such other information and assurances as the
Secretary may reasonably require.
(d) Special Rule.--Each local educational agency receiving a grant
under this section shall ensure that, if the agency carries out
construction, modernization, or repair through a contract, the process
for any such contract ensures the maximum number of qualified bidders,
including small, minority, and women-owned businesses, through full and
open competition.
(e) Fair Wages.--All laborers and mechanics employed by contractors
or subcontractors in the performance of any contract or subcontract for
the repair, modernization, alteration, or construction, including
painting and decorating, of any building or work that is financed in
whole or in part by a grant under this section shall be paid wages not
less than those determined by the Secretary of Labor in accordance with
sections 3141 through 3144 and 3146 of title 40, United States Code
(commonly known as the Davis-Bacon Act). The Secretary of Labor shall
have the authority and functions set forth in Reorganization Plan No.
14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 3145 of title 40,
United States Code (commonly known as the Copeland Anti-Kickback Act).
Notwithstanding any other provision of law, this section may not be
waived or suspended.
(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2006 and 2007.
SEC. 557. KATRINA TEACHERS INCENTIVE PROGRAM.
(a) In General.--The Secretary shall make grants to impacted local
educational agencies for each of fiscal years 2005 and 2006 for the
purpose of assisting such agencies--
(1) to recruit new teachers and paraprofessionals; and
(2) to return teachers and paraprofessionals previously
employed by the agencies to the classroom.
(b) Use of Funds.--To achieve the purpose described in subsection
(a), an impacted local educational agency that receives a grant under
this section shall use the grant for one or more of the activities
specified in section 2123 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6623).
(c) Application.--To seek a grant under this section, an impacted
local educational agency shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may reasonably require.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2005 and 2006.
SEC. 558. EXPEDITED APPLICATIONS FOR TEACHER RECRUITMENT GRANTS.
Section 204(c) of the Higher Education Act of 1965 (20 U.S.C.
1024(c)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of an eligible applicant located in an
area in which the President has declared that a major disaster
exists, in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), a request that the Secretary review the
application in an expedited manner.''.
SEC. 559. USE OF GRANT FUNDS FOR MAJOR DISASTERS.
Section 204(d) of the Higher Education Act of 1965 (20 U.S.C.
1024(d)) is amended--
(1) by striking ``or'' at the end of paragraph (1)(C);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) in the case of an eligible applicant located in an
area in which the President has declared that a major disaster
exists, in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), such applicant shall use the grant funds to
provide student loan forgiveness, housing assistance, and other
services that will provide incentives for highly qualified
teachers and administrators to remain in or relocate to the
area affected by such major disaster.''.
Subtitle D--Relief for Institutions of Higher Education
SEC. 561. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) Approximately 30 institutions of higher education in
the Gulf Coast region, serving approximately 100,000 students,
directly sustained damage from Hurricane Katrina.
(2) The approximately 30 institutions of higher education
in the Gulf Coast region impacted by Hurricane Katrina employed
approximately 30,000 faculty, administrators, and staff.
(3) Revitalizing institutions of higher education in the
Gulf Coast region will be a vital element in attracting middle
and upper income families back to the Gulf Coast region, and in
ensuring sustained economic recovery for the region's lower
income families.
(4) Revitalizing the Gulf Coast economy will depend on
providing a highly skilled workforce.
(5) The return of qualified academic professionals and
administrators is a vital element in the revitalization of
affected institutions of higher education in the Gulf Coast
region.
(6) Students from throughout the Nation who attend
institutions of higher education in the Gulf Coast region, and
their families, contribute significantly to the local economy.
(7) Many of the scientific, health, technology, and
cultural industries of the Gulf Coast region are dependant on
local institutions of higher education.
(8) Hundreds of other institutions of higher education
throughout America and their students are accommodating victims
of Hurricane Katrina.
(b) Sense of Congress.--It is the sense of Congress that the
assistance provided under this subtitle to revitalize affected
institutions of higher education in the Gulf Coast region is a first
step toward revitalizing and restoring the economic, social, and
cultural prosperity of the entire Gulf Coast region.
SEC. 562. INSTITUTIONAL GRANTS FOR RECRUITMENT AND RETENTION.
(a) Purpose.--The purpose of this section is to support affected
institutions of higher education in their efforts to revitalize their
communities following Hurricane Katrina.
(b) Program Authorized.--
(1) Authority.--The Secretary shall award grants to
institutions of higher education adversely affected by the
Hurricane Katrina disaster to assist the affected institutions
in recruiting and retaining students and retaining faculty. The
Secretary shall award grants under this section as soon as
possible, but no later than 6 months after the date of the
enactment of this Act.
(2) Duration; limitation.--Each grant awarded to an
affected institution under this section shall be awarded for a
period of 5 years, and may not be renewed. An affected
institution may not receive more than one grant under this
section.
(3) Use of funds.--
(A) Aid to students.--Not less than 50 percent of
the funds made available by a grant under this section
shall be used by an affected institution to provide
need-based aid to students attending the affected
institution for academic year 2005-2006 and each of the
4 succeeding academic years, for purposes of attracting
new and returning students to enroll in such affected
institution. Such need-based aid may include--
(i) assisting enrolled students with
tuition, fees, and textbook expenses;
(ii) employing enrolled students to assist
in rebuilding facilities of the affected
institution;
(iii) providing room and board assistance
for enrolled students living on campus;
(iv) attracting and retaining first-
generation students, minority students, and
other at-risk or underserved populations;
(v) creating innovative work and study
incentives for enrolled students; and
(vi) any other aid deemed necessary by the
institution and approved by the Secretary.
(B) Incentives for faculty.--Not more than 50
percent of the funds made available by a grant under
this section shall be used by an affected institution
to provide incentives for faculty employed by an
affected institution to remain in the Gulf Coast region
at such affected institution or, if such affected
institution is unable to continue to employ such
faculty, at another affected institution. Such
incentives may include--
(i) employing returning faculty to assist
in rebuilding facilities of the affected
institution;
(ii) developing and providing temporary
housing for returning faculty and their
dependents who have been displaced from their
homes;
(iii) continuing salaries and health
benefits for returning faculty for up to one
year;
(iv) providing tuition assistance for
returning faculty and their dependents;
(v) creating innovative work and research
incentives for returning faculty; and
(vi) any other incentives deemed necessary
by the institution and approved by the
Secretary.
(C) Institutional promotion.--Not more than 5
percent of the funds made available by a grant under
this section shall be used by an affected institution
to promote the institution at job and college fairs,
and through the media.
(4) Prevailing wages.--Wages paid, for purposes of
rebuilding an affected institution's facilities under paragraph
(3)(A)(ii) or paragraph (3)(B)(i), to students or faculty in
whole or in part with grant funds received under this section
for employment as laborers, mechanics, or service employees
shall be paid at rates not less than those prevailing in the
locality as determined by the Secretary of Labor in accordance
with sections 3141, 3142, and 3145 of title 40, United States
Code, or section 351 of title 41, United States Code, as the
case may be. Notwithstanding any other provision of law, the
requirements of this paragraph shall not be waived or
suspended.
(c) Applications.--An institution of higher education desiring a
grant under this section shall submit an application to the Secretary
within 90 days of the date of enactment of this Act, in such manner and
accompanied by such information as the Secretary may require. Each
application shall--
(1) demonstrate that the institution is an affected
institution as defined in section 566;
(2) specify the amount of grant funds requested;
(3) demonstrate the need of the institution for such grant
by including in the application--
(A) evidence that, as a result of a Hurricane
Katrina disaster, the institution suffered a direct and
significant economic impact and a decline in student
enrollment, hindering the institution's ability to
continue full operation;
(B) evidence that, as a result of a Hurricane
Katrina disaster, the institution lost resources
necessary to retain faculty, hindering the
institution's ability to continue full operation;
(C) an assessment of damage to the infrastructure
of the institution as a result of a Hurricane Katrina
disaster;
(D) information regarding additional needs created
by a Hurricane Katrina disaster; and
(E) other relevant data; and
(4) contain a description of the institution's plan to
carry out the purposes of this section.
(d) Priority.--The Secretary shall give priority in awarding grants
under this section to affected institutions most in need, as determined
by the Secretary.
(e) Reporting Requirements; Reviews.--
(1) Reports.--Each affected institution receiving a grant
under this section shall report to the Secretary no later than
September 30 of each year of the 5-year period for which the
grant is awarded.
(2) Contents.--The report shall include--
(A) data on the populations served under this
section;
(B) a description of the use of the grant funds
received under this section, including a description of
programs developed with such funds;
(C) a financial statement accounting for the use of
the grant funds; and
(D) data on the impact of the grant on enrollment
and retention at the institution, including data on the
numbers and percentages of new and returning students,
and the number and percentage of faculty that have been
retained.
(3) Reviews.--The Secretary shall conduct periodic reviews
to ensure that grant funds are being properly managed, and that
the programs using such funds are achieving their intended
outcomes.
(f) Availability of Funds.--There shall be available to the
Secretary to carry out this section, from funds not otherwise
appropriated, $3,000,000,000 for fiscal year 2006, which shall remain
available through fiscal year 2010.
SEC. 563. LOAN FORGIVENESS.
(a) Statement of Purpose.--The purpose of this section is to
encourage students to continue attending, and to earn degrees from,
affected institutions of higher education.
(b) Program Authorized.--The Secretary shall carry out a program,
through the holder of the loan, of assuming the obligation to repay a
qualified loan amount for a loan made under part B of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1040), and of canceling the
obligation to repay a qualified loan amount for a loan made under part
D or E of such title IV, in accordance with subsection (c), for any
borrower, who--
(1) returns to or enrolls in an affected institution of
higher education in academic year 2005-2006, 2006-2007, or
2007-2008;
(2) obtains an associate's degree or a bachelor's degree
from such institution; and
(3) is not in default on a loan for which the borrower
seeks forgiveness.
(c) Qualified Loan Amount.--
(1) Associate's degree.--Upon completion of an associate's
degree from an affected institution, the Secretary shall
repay--
(A) in the case of a full-time student, $2,500 for
each academic year of enrollment at such affected
institution; or
(B) in the case of a student enrolled less than
full-time, $2,500 for the equivalent of one academic
year of enrollment as a full-time student at such
affected institution, as determined by the Secretary;
not to exceed $5,000.
(2) Bachelor's degree.--Upon completion of a bachelor's
degree from an affected institution, the Secretary shall
repay--
(A) in the case of a full-time student, $2,500 for
each academic year of enrollment at such affected
institution; or
(B) in the case of a student enrolled less than
full-time, $2,500 for the equivalent of one academic
year of enrollment as a full-time student at such
affected institution, as determined by the Secretary;
not to exceed $10,000.
(3) Limitation.--The Secretary shall repay not more than
the total outstanding Federal loan obligation of the student,
or $10,000, whichever is less.
(4) Prevention of abuse.--The Secretary is authorized to
issue such regulations as may be necessary to prevent borrowers
from receiving repayment under this section for an excessive
period of enrollment in comparison to the enrollment period
which the Secretary determines is appropriate to obtain an
associate's or a bachelor's degree.
(5) Academic year of enrollment.--For the purpose of
calculating loan repayment under this section, the term
``academic year of enrollment'' means the academic year in
which an affected institution reopens, or any subsequent
academic year.
(d) Priority.--The Secretary shall give priority in awarding grants
under this section to students most in need, as determined by the
Secretary.
(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
(f) Availability of Funds.--There shall be available to the
Secretary to carry out this section, from funds not otherwise
appropriated, $1,600,000,000 for fiscal year 2006, which shall remain
available through fiscal year 2013.
SEC. 564. REGULATIONS.
The Secretary is authorized to issue such regulations as may be
necessary to carry out the provisions of this subtitle.
SEC. 565. EMERGENCY DESIGNATIONS.
Sections 562 and 563 are designated as emergency requirements
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
SEC. 566. DEFINITIONS.
For the purposes of this subtitle:
(1) Affected institution.--The term ``affected
institution'' means an institution of higher education (as
defined in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002))--
(A) located in an area affected by a Hurricane
Katrina disaster; and
(B) that was forced to close, relocate, or
significantly curtail its activities as a result of
damage directly sustained by a Hurricane Katrina
disaster.
(2) Faculty.--The term ``faculty'' means academic
professionals, administrators, and staff employed by an
affected institution as of August 29, 2005.
(3) Hurricane katrina disaster.--The term ``Hurricane
Katrina disaster'' means a major disaster that the President
declared to exist, in accordance with section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), and that was caused by Hurricane Katrina.
(4) Area affected by a hurricane katrina disaster.--The
term ``area affected by a Hurricane Katrina disaster'' means a
county or parish, in an affected State, that has been
designated by the Federal Emergency Management Agency for
disaster assistance for individuals and households as a result
of Hurricane Katrina.
(5) Affected state.--The term ``affected State'' means the
State of Alabama, Louisiana, or Mississippi.
TITLE VI--VOTING RIGHTS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Displaced Citizens Voter
Protection Provisions of 2005''.
SEC. 602. APPLICABILITY OF PROTECTIONS FOR ABSENT MILITARY AND OVERSEAS
VOTERS TO KATRINA EVACUEES.
(a) Right of Katrina Evacuees to Use Absentee Balloting and
Registration Procedures Available to Military and Overseas Voters.--In
the case of any individual who is an eligible Hurricane Katrina
evacuee--
(1) the individual shall be treated in the same manner as
an absent uniformed services voter and overseas voter for
purposes of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff et seq.), other than section 103(b)(1)
(42 U.S.C. 1973ff-2(b)(1)); and
(2) the individual shall be deemed to be an individual who
is entitled to vote by absentee ballot for purposes of the
National Voter Registration Act of 1993 and the Help America
Vote Act of 2002.
(b) Definition.--For purposes of this section, the term ``eligible
Hurricane Katrina evacuee'' means an individual--
(1) who certifies to the appropriate State election
official that the individual is absent from the place of
residence where the individual is otherwise qualified to vote
as a result of evacuation from an area affected by Hurricane
Katrina; and
(2) who provides the official with an affidavit stating
that the individual intends to return to such place of
residence after the election or elections involved.
(c) Requiring Designated Voter Registration Agencies to Notify
Displaced Individuals of Availability of Protections.-- Each motor
vehicle authority in a State and each voter registration agency
designated in a State under section 7(a) of the National Voter
Registration Act of 1993 shall take such steps as may be necessary to
notify individuals to whom services are provided of the protections
provided by this section and of the requirements for obtaining those
protections, including the requirement to submit an affidavit stating
that the individual intends to return to the place of residence where
the individual is otherwise qualified to vote.
(d) Effective Date.--This section shall apply with respect to
elections for Federal office held in calendar years 2006 through 2008.
SEC. 603. GRANTS TO STATES FOR RESTORING AND REPLACING ELECTION
ADMINISTRATION SUPPLIES, MATERIALS, AND EQUIPMENT DAMAGED
BY HURRICANE KATRINA.
(a) Authority to Make Grants.--The Election Assistance Commission
shall make a grant to each eligible State, in such amount as the
Commission considers appropriate, for purposes of restoring and
replacing supplies, materials, equipment, and voting records used in
elections in the State which were damaged as a result of Hurricane
Katrina.
(b) Eligibility.--A State is eligible to receive a grant under this
section if it submits to the Commission (at such time and in such form
as the Commission may require) a certification that supplies,
materials, equipment, and voting records used in the State were damaged
as a result of Hurricane Katrina.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2006 for grants under this section
$50,000,000, to remain available until expended.
TITLE VII--FINANCIAL SERVICES PROVISIONS
SEC. 701. HURRICANE KATRINA REGULATORY RELIEF.
(a) Written Guidance and Forbearance Policy.--Federal financial
institution regulatory agencies shall--
(1) provide written guidance for financial institutions in
implementing the voluntary moratorium described in subsection
(b), and any other permissible forbearance, to ensure that such
financial institutions are not negatively impacted by acting in
accordance with the intention of the Congress; and
(2) take this forbearance policy into consideration as they
examine or audit the financial status of regulated financial
institutions.
(b) Voluntary Policy to Provide Relief for Consumers Affected by
Hurricane Katrina.--It is the sense of the Congress that--
(1) a voluntary moratorium on the payment of both principal
and interest, by those who are not in a position to pay, on
unsecured loans and other extensions of credit made or extended
before August 28, 2005, including small business and consumer
loans, should be recognized by creditors for a 1-year period
beginning on August 28, 2005, with respect to borrowers who as
of such date resided in, or whose businesses were located
within, an area adversely affected by Hurricane Katrina;
(2) creditors should refrain from negative reporting with
respect to any loans described in paragraph (1) to any consumer
reporting agency during the 1-year period described in such
paragraph;
(3) during the 1-year period beginning on the date of the
enactment of this Act--
(A) all operators of automated teller machines
should waive any fees or surcharges for use of such
machines by consumers who are not customers of such
operators; and
(B) all depository institutions and insured credit
unions should waive any fees or surcharges on consumers
who are customers of any such depository institution or
credit union for use by the customers of automated
teller machines that are not operated by the depository
institution or credit union;
(4) during the 1-year period beginning on the date of the
enactment of this Act, it is vital that insured depository
institutions and insured credit unions continue to provide
financial services to consumers displaced or otherwise
adversely affected by Hurricane Katrina, which includes the
cashing of Federal government assistance and benefit checks;
(5) during the 1-year period beginning on the date of the
enactment of this Act, depository institutions should
voluntarily waive any limitation on the availability of funds
deposited by consumers in the form of insurance claim checks
that is otherwise authorized to be imposed under the Expedited
Funds Availability Act; and
(6) all creditors should waive any fees for late periodic
payments on any outstanding balance in any credit card account
under an open end consumer credit plan (as such terms are
defined in the Truth in Lending Act) when the consumer proffers
evidence that the late payment was due to--
(A) an interruption of mail with respect to the
payment itself or the receipt by the consumer of a
billing statement; or
(B) the customer's inability to access funds on
deposit in any depository institution or credit union.
SEC. 702. FLEXIBILITY IN CAPITAL AND NET WORTH STANDARDS FOR SMALL
AFFECTED INSTITUTIONS.
(a) In General.--Notwithstanding section 38 of the Federal Deposit
Insurance Act, section 216 of the Federal Credit Union Act, or any
other provision of Federal law, during the 5-year period beginning on
the date of enactment of this Act, the appropriate Federal banking
agency and the National Credit Union Administration may forbear from
taking any action required under any such section or provision, on a
case-by-case basis, with respect to any undercapitalized insured
depository institution or undercapitalized insured credit union that is
not significantly or critically undercapitalized, if such agency or
Administration determines that--
(1) the insured depository institution or insured credit
union maintains its principal place of business within a
qualified disaster area;
(2) the total assets of the insured depository institution
or insured credit union as of August 27, 2005, was less than
$500,000,000;
(3) the insured depository institution or insured credit
union derives more than 50 percent of its total deposits from
persons who normally reside within, or whose principal place of
business is normally within, a qualified disaster area;
(4) the insured depository institution or insured credit
union was adequately or well capitalized as of August 28, 2005;
(5) the reduction in the capital or net worth category of
the insured depository institution or insured credit union is a
direct result of Hurricane Katrina; and
(6) forbearance from any such action--
(A) would facilitate the recovery of the insured
depository institution or insured credit union from the
disaster in accordance with a recovery plan or a
capital or net worth restoration plan established by
such depository institution or credit union; and
(B) would be consistent with safe and sound
practices.
(b) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Capital and net worth categories defined.--The terms
relating to capital categories for insured depository
institutions have the same meaning as in section 38(b)(1) of
the Federal Deposit Insurance Act and the terms relating to net
worth categories for insured credit unions have the same
meaning as in section 216(c)(1) of the Federal Credit Union
Act.
(2) Qualified disaster area.--The term ``qualified disaster
area'' means any area within Alabama, Louisiana, or Mississippi
in which the President, pursuant to section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, has
determined, on or after August 28, 2005, that a major disaster
exists due to Hurricane Katrina.
SEC. 703. WAIVER OF FEDERAL RESERVE BOARD FEES FOR CERTAIN SERVICES.
Notwithstanding section 11A of the Federal Reserve Act or any other
provision of law, during the 1-year period beginning on the date of the
enactment of this Act, a Federal reserve bank shall waive or rebate any
transaction fee for wire transfer services that otherwise would be
imposed on any insured depository institution or insured credit union
that--
(1) as of August 28, 2005, was headquartered in a qualified
disaster area (as defined in section 702(b)(2)); and
(2) as of August 27, 2005, had total assets of less than
$500,000,000.
SEC. 704. WAIVER OF CERTAIN LIMITATION ON CERTAIN BANK INVESTMENTS TO
PROMOTE THE PUBLIC WELFARE.
(a) National Banks.--Investments described in the first sentence of
the paragraph designated ``Eleventh'' of section 5136 of the Revised
Statutes of the United States (12 U.S.C. 24) that are made by a
national bank in a qualified disaster area (as defined in section
702(b)(2)) shall not be taken into account for purposes of any
limitations contained in such paragraph on the aggregate amount of such
investments.
(b) State Banks.--Investments described in the first sentence of
the 23rd undesignated paragraph of section 9 of the Federal Reserve Act
(12 U.S.C. 338) that are made by a State member bank in a qualified
disaster area (as defined in section 702(b)(2)) shall not be taken into
account for purposes of any limitations contained in such paragraph on
the aggregate amount of such investments.
SEC. 705. EMERGENCY AUTHORITY TO GUARANTEE CHECKS CASHED FOR VICTIMS OF
HURRICANE KATRINA.
(a) FDIC.--
(1) In general.--Subject to subsection (d), the Federal
Deposit Insurance Corporation shall establish, in accordance
with emergency guidance issued by the Board of Governors of the
Federal Reserve System under subsection (d)(1), an emergency
program under which an insured depository institution may
obtain, subject to subsection (d)(2), a commitment from the
Corporation to indemnify the insured depository institution for
any loss suffered by the institution through cashing a check or
share draft that--
(A) is presented for payment by any individual who,
as of August 28, 2005, resided in the State of Alabama,
Mississippi, or Louisiana in an area in which the
President, pursuant to section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act,
determined, on or after August 28, 2005, that a major
disaster exists due to Hurricane Katrina; and
(B) is subsequently uncollectible,
in an amount not to exceed $2,000 for each such check or share
draft.
(2) Source of funds for payments.--Any payments required to
be made by the Corporation pursuant to a commitment under
paragraph (1) to an insured depository institution shall be
drawn from funds available for such purposes under subsection
(c).
(b) NCUA.--
(1) In general.--Subject to subsection (d), the National
Credit Union Administration shall establish, in accordance with
emergency guidance issued by the Board under subsection (d)(1),
an emergency program under which an insured credit union may
obtain, subject to subsection (d)(2), a commitment from the
Administration to indemnify the insured credit union for any
loss suffered by the credit union through cashing a share draft
or check that--
(A) is presented for payment by any individual who,
as of August 28, 2005, resided in the State of Alabama,
Mississippi, or Louisiana in an area in which the
President, pursuant to section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act,
determined, on or after August 28, 2005, that a major
disaster exists due to Hurricane Katrina; and
(B) is subsequently uncollectible,
in an amount not to exceed $2,000 for each such check or share
draft
(2) Source of funds for payments.--Any payments required to
be made by the National Credit Union Administration pursuant to
a commitment under paragraph (1) to an insured credit union
shall be drawn from funds available for such purposes under
subsection (c).
(3) Limited extension of check cashing services.--
Notwithstanding any limitation in section 107(12) of the
Federal Credit Union Act with regard to field of membership, an
insured credit union may cash any check presented for payment
by any individual described in paragraph (1)(A).
(c) Reimbursement From Federal Reserve Surpluses.--Section 7(b) of
the Federal Reserve Act (12 U.S.C. 289(b)) is amended by adding at the
end the following new paragraph:
``(4) Additional transfers to cover certain relief efforts
resulting from hurricane katrina.--
``(A) In general.--Subject to subparagraph (C),
from the surplus funds of the Federal reserve banks
maintained pursuant to subsection (a)(2), the Federal
reserve banks shall transfer to the Board of Governors
of the Federal Reserve System for transfer to the
Federal Deposit Insurance Corporation and the National
Credit Union Administration, such sums as are necessary
to meet any payments required under subsection (a)(1)
or (b)(1). In the event that the total amount of
requests for indemnification received by the Federal
Deposit Insurance Corporation and the National Credit
Union Administration exceed the maximum amount
specified under subparagraph (C), the sums transferred
to the Federal Deposit Insurance Corporation and the
National Credit Union Administration, respectively,
shall be in proportion to the amount of payments
required under subsection (a)(1) and (b)(1),
respectively.
``(B) Allocation by federal reserve board.--Of the
total amount required to be paid by the Federal reserve
banks, the Board of Governors of the Federal Reserve
System shall determine the amount each such bank shall
pay.
``(C) Maximum amount.--The total amount transferred
under subparagraph (A) from all Federal reserve banks
shall not exceed $200,000,000.
``(D) Replenishment of surplus fund prohibited.--No
Federal reserve bank may replenish such bank's surplus
fund by the amount of any transfer by such bank under
subparagraph (A).''.
(d) Emergency Guidance and Limitations.--
(1) In general.--The Board, after consulting the Federal
Deposit Insurance Corporation and the National Credit Union
Administration, shall, upon the enactment of this Act, promptly
issue appropriate guidance--
(A) to carry out the purposes of this section and
administer the programs established in accordance with
this section;
(B) to reduce the incidence of fraud and any other
cause of loss to the greatest extent possible,
consistent with the purpose of this Act;
(C) to require insured depository institutions and
insured credit unions to exercise due diligence in
determining the eligibility of any check presented by
any individual for indemnification under this section,
including such measures as verification of Social
Security numbers and other identifying information as
the Board may determine to be practicable;
(D) to provide insured depository institutions and
insured credit unions with reasonable guidance, in
light of the emergency circumstances presented by
Hurricane Katrina, so as to meet the requirements for
indemnification under this section, including the
sharing of information on checks that have been
presented for indemnification; and
(E) notwithstanding any Federal or State law, to
provide for the right of the Board of Governors of the
Federal Reserve System, on behalf of the Federal
reserve banks and through the Federal Deposit Insurance
Corporation and the National Credit Union
Administration, to recover from any insured depository
institution or insured credit union the amount of any
indemnification paid to such depository institution or
credit union with respect to any check, to the extent
of the amount so paid, if the insured depository
institution or insured credit union collects on the
check.
(2) Compliance with guidance condition.--The emergency
guidance issued under paragraph (1) shall require any insured
depository institution or insured credit union seeking a
commitment under subsection (a)(1) or (b)(1) to demonstrate
that the institution or credit union is in compliance with the
guidance in such manner as the Board determines to be
appropriate and practicable.
(3) Per individual per institution limitation.--No specific
insured depository institution or insured credit union may be
indemnified for losses in excess of $2,000 with respect to
checks and share drafts presented by any one individual.
(e) Definitions.--For purposes of this Act, the following
definitions shall apply:
(1) Board.--The term ``Board'' means the Board of Governors
of the Federal Reserve System.
(2) Insured credit union.--The term ``insured credit
union'' has the same meaning as in section 101 of the Federal
Credit Union Act.
(3) Insured depository institution.--The term ``insured
depository institution'' has the same meaning as in section 3
of the Federal Deposit Insurance Act.
(f) Rule of Construction.--No provision of this section shall be
construed as affecting any right or obligation of an insured depository
institution or insured credit union to take any action against any
person in connection with a fraudulent check, a fraudulent negotiation
of a check, or any other wrongful act.
(g) Effective Date.--
(1) In general.--Subject to paragraph (2), the provisions
of this section shall apply to checks or share drafts presented
to an insured depository institution or an insured credit union
during the period beginning on August 28, 2005, and ending
August 28, 2006.
(2) Limited extension.--The period described in paragraph
(2) may be extended once for an additional 180 days if--
(A) the Board, after consulting with the Federal
Deposit Insurance Corporation and the National Credit
Union Administration, determines that the continuing
impact of Hurricane Katrina on financial intermediation
between consumers and financial institutions, on
payment networks, and on other forms of communication
require an extension of the programs established under
this section in order to continue to meet the immediate
needs of victims of the disaster; and
(B) notice of such determination is published in
the Federal Register at least 5 days before the end of
the period described in paragraph (1).
SEC. 706. TECHNICAL ASSISTANCE FOR MINORITY INSTITUTIONS.
(a) Minority Depository Institutions.--
(1) In general.--The Federal Deposit Insurance Corporation
and the Director of the Office of Thrift Supervision shall
provide such technical assistance to minority financial
institutions affected by Hurricane Katrina as may be
appropriate to preserve the safety and soundness of such
financial institutions, prevent the insolvency of such
institutions, and enable the institutions to recovery from the
adverse financial impact of Hurricane Katrina on the customers
of the institutions, the assets of the institutions, and any
real and personal property securing such assets.
(2) Minority institution defined.--For purposes of this
subsection, the term ``minority financial institution'' has the
same meaning as in section 308(b) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989.
(b) Minority Credit Unions.--
(1) In general.--The National Credit Union Administration
shall provide such technical assistance to minority credit
unions affected by Hurricane Katrina as may be appropriate to
preserve the safety and soundness of such credit unions,
prevent the insolvency of such credit unions, and enable the
credit unions to recovery from the adverse financial impact of
Hurricane Katrina on the customers of the credit unions, the
assets of the credit unions, and any real and personal property
securing such assets.
(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
(A) Minority credit union.--The term ``minority
credit union'' means an insured credit union--
(i) of which a majority of the share draft
account holders are predominately minority; or
(ii) in the case of community development
credit union, the community served by the
credit union is predominantly minority
(B) Minority.--The term ``minority'' has the same
meaning as in section 308(b)(2) of the Financial
Institutions Reform, Recovery, and Enforcement Act of
1989.
SEC. 707. IMPLEMENTING KATRINA DISASTER RELIEF THROUGH THE CDFI FUND.
(a) Authorization of Appropriations.--In addition to amounts
appropriated to the Community Development Financial Institutions Fund
(hereafter in this section referred to as the ``Fund'') for fiscal year
2006 to carry out the purposes of the Community Development Banking and
Financial Institutions Act of 1994, there are authorized to be
appropriated to the Fund (which may be derived by transfer from funds
appropriated for ``Disaster Relief'' in Public Law 109-62), such sums
as may be necessary for fiscal year 2006 to carry out such Act for the
purposes of, and in the manner provided in, this section.
(b) Assistance Provided by the Fund for Hurricane Katrina
Assistance.--
(1) In general.--Amounts appropriated pursuant to the
authorization under subsection (a) shall be available to the
Fund under the Community Development Banking and Financial
Institutions Act of 1994 for the purposes of such Act,
including technical and training assistance, awards under the
Bank Enterprise Act of 1991, equity investments, deposits, and
other forms of financial assistance to community development
financial institutions, in accordance with paragraph (2).
(2) Adjustments to criteria.--In providing assistance under
paragraph (1), the Community Development Banking and Financial
Institutions Act of 1994 shall be applied with the following
adjustments:
(A) Designation of assisted areas.--Notwithstanding
section 107(b) of the Community Development Banking and
Financial Institutions Act of 1994, the Fund shall
limit the selection of community development financial
institution applicants for assistance pursuant to this
section to any financial institution that--
(i) is located in a Hurricane Katrina
affected area; or
(ii) demonstrates to the satisfaction of
the Fund that the financial institution has the
ability to provide capital, credit or financial
services within the Hurricane Katrina affected
area.
(B) Waiver of matching requirements.--In the case
of an applicant with severe constraints on available
sources of matching funds, the Fund may reduce or waive
the matching requirements of section 108(e)(1) of the
Community Development Banking and Financial
Institutions Act of 1994 for such applicant for
purposes of this subsection.
(C) Waiver of limitations on certain forms of
assistance.--The limitation contained in section 113(c)
of the Community Development Banking and Financial
Institutions Act of 1994 shall not apply to assistance
provided under this subsection in accordance with
section 113 of such Act.
(D) Application of bank enterprise act of 1991.--In
making assistance under this subsection available in
the manner provided in section 114 of the Community
Development Banking and Financial Institutions Act of
1994, the Bank Enterprise Act of 1991 shall be applied
under section 114(a)(2)--
(i) by substituting ``Hurricane Katrina
affected area'', as defined in paragraph (3),
for ``qualified distressed community''; and
(ii) with respect to life line accounts, by
taking into account only life line accounts
offered in an Hurricane Katrina affected area.
(3) Hurricane katrina affected area defined.--For purposes
of this section, the term ``Hurricane Katrina affected area''
means any county (as defined in section 2 of title 1, United
States Code) that--
(A) is within an area in which the President,
pursuant to section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, has
determined, on or after August 28, 2005, that a major
disaster exists due to Hurricane Katrina; and
(B) has been designated by the Federal Emergency
Management Agency as an area in which public assistance
or individual assistance is available as a result of
Hurricane Katrina.
TITLE VIII--EXPANDED OPPORTUNITY AND SMALL BUSINESS PROVISIONS
Subtitle A--Expanded Opportunity
SEC. 801. REINSTATEMENT OF DAVIS-BACON WAGE REQUIREMENTS.
Notwithstanding the proclamation by the President dated September
8, 2005, or any other provision of law, the provisions of subchapter IV
of chapter 31 of title 40, United States Code (and the provisions of
all other related Acts to the extent they depend upon a determination
by the Secretary of Labor under section 3142 of such title, whether or
not the President has the authority to suspend the operation of such
provisions), shall apply to all contracts to which such provisions
would otherwise apply that are entered into on or after the date of
enactment of this Act, to be performed in the counties affected by
Hurricane Katrina and described in such proclamation.
SEC. 802. INCREASED PROCUREMENT GOAL FOR CERTAIN FEDERAL CONTRACTS FOR
RECOVERY FROM HURRICANE KATRINA.
For purposes of section 15(g)(1) of the Small Business Act (15
U.S.C. 644 (g)(1)), the Government wide goal for participation by small
business concerns owned and controlled by socially and economically
disadvantaged individuals in Federal contracts for recovery and
reconstruction activities related to Hurricane Katrina shall be 15
percent.
SEC. 803. LOCAL PARTICIPATION GOAL FOR PARTICIPATION IN FEDERAL
PROCUREMENT CONTRACTS IN AREAS AFFECTED BY HURRICANE
KATRINA.
(a) Procurement Goal.--There is hereby established a Government-
wide goal for procurement contracts awarded to local businesses in any
area affected by Hurricane Katrina. For fiscal years 2005, 2006, and
2007, the goal shall be 30 percent of the total value of all prime
contract and subcontract awards for each such fiscal year. The goal
established under this section shall be treated and administered in the
same manner as goals established under section 15(g)(1) of the Small
Business Act (15 U.S.C. 644(g)(1)).
(b) Local Business Defined.--In this section, the term ``local
business'' means any business owned by a person residing in or
incorporated in any area affected by Hurricane Katrina.
SEC. 804. REQUIREMENT FOR HURRICANE RECOVERY-RELATED CONTRACTS TO
REQUIRE 40 PERCENT OF CONTRACT WORKERS BE LOCAL
RESIDENTS.
(a) Requirement.--Any contract awarded by the Federal Government
for recovery or reconstruction activities to be carried out in areas
affected by Hurricane Katrina shall include a requirement that at least
40 percent of the workers performing the work under the contract be
local residents.
(b) Local Resident.--For purposes of this section, a local resident
is a person who had a permanent residence in the areas affected by
Hurricane Katrina before Hurricane Katrina struck.
SEC. 805. REQUIREMENT FOR HURRICANE RECOVERY-RELATED CONTRACTS TO
INCLUDE FINANCIAL INCENTIVES FOR CONTRACTORS TO MEET
GOALS SPECIFIED IN THE CONTRACTS.
Any contract awarded by the Federal Government for recovery or
reconstruction activities to be carried out in areas affected by
Hurricane Katrina shall include a financial incentive or incentives for
the contractor to meet any goals specified in the contract, such as
goals to award subcontracts to small businesses owned and controlled by
socially and economically disadvantaged individuals, to local
businesses, or to subcontractors that will use local residents to
perform work under the subcontract.
SEC. 806. APPRENTICESHIP AND OTHER REQUIREMENTS FOR POST-HURRICANE
RECONSTRUCTION.
(a) Apprenticeship Programs.--Any hurricane reconstruction
contractor shall be required to utilize an apprenticeship program
certified under subsection (b) that includes, as a part thereof, a pre-
apprenticeship program that helps prepare individuals for the
apprenticeship program and for the basics tests necessary to become an
apprentice.
(b) Certification.--An apprenticeship program may be certified for
purposes of this section if such program--
(1) is certified by a State employment services authority
or other local authority that oversees apprenticeship and job
training programs; or
(2) is registered with the Bureau of Apprenticeship and
Training of the Department of Labor under part 29 of chapter 1
of title 29, Code of Federal Regulations.
(c) Definitions.--In this section:
(1) The term ``hurricane reconstruction contractor'' means
a person or entity receiving Federal funds provided under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C 5121 et seq.), or party to a contract funded under
such Act, for repair or reconstruction in the regions affected
by Hurricane Katrina.
(2) The term ``regions affected by Hurricane Katrina''
means a county or parish in Mississippi, Alabama, or Texas, or
a parish in Louisiana, where a major disaster has been declared
under section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C 5170) as a result of
Hurricane Katrina.
SEC. 807. RESTATEMENT OF FULL APPLICATION OF STATUTORY REQUIREMENTS OF
EQUAL EMPLOYMENT OPPORTUNITY APPLICABLE TO CONTRACTS AND
SUBCONTRACTS TO PROVIDE HURRICANE KATRINA RELIEF.
(a) Continuing Nondiscrimination Required in Contracts and
Subcontracts to Provide Hurricane Katrina Relief.--The provisions of--
(1) Executive Order No. 11246 (42 U.S.C. 2000e-1 note),
excluding section 204 of such order,
(2) section 503 of the Rehabilitation Act of 1973 (29
U.S.C. 793), excluding subsection (c) of such section, and
(3) section 4212 of title 38 of the United States Code,
shall apply with respect to contracts and subcontracts entered into to
provide Hurricane Katrina relief, in the same manner as such provisions
apply to contracts and subcontracts with respect to which the Secretary
of Labor has not granted any waiver or any exemption with respect to
any of such provisions.
(b) Waivers and Exemptions Void.--Every waiver of, and every
exemption from, the application of any provision of law referred to in
subsection (a) granted by the Secretary of Labor with respect to
contracts and subcontracts to provide Hurricane Katrina relief, granted
before the date of the enactment of the Act are void as of the date of
the enactment of this Act.
Subtitle B--Disaster Loans and Small Business Relief
SEC. 811. DEFINITIONS.
In this subtitle--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``Disaster Area'' means an area which the
President has designated as a disaster area as a result of
Hurricane Katrina of August 2005; and
(3) the term ``small business concern'' has the same
meaning as under section 3 of the Small Business Act (15 U.S.C.
632).
SEC. 812. DISASTER LOANS AFTER HURRICANE KATRINA.
(a) Loans to Nonprofits.--The Administrator may make a loan under
section 7(b) of the Small Business Act (15 U.S.C. 636(b)) (either
directly or in cooperation with a bank or other lending institution
through agreements to participate on an immediate or deferred basis) to
a nonprofit organization located or operating in a Disaster Area or
providing services to persons who have evacuated from a Disaster Area.
(b) Increased Loan Caps.--
(1) Aggregate loan amounts.--Except as provided in
paragraph (2), the aggregate amount of all loans outstanding
and committed to a borrower under such section (except for
loans under paragraph (5) or (6) of such section) made by
reason of Hurricane Katrina, may not exceed $10,000,000.
(2) Waiver authority.--The Administrator may, at the
discretion of the Administrator, waive the aggregate loan
amount established under paragraph (1).
(c) Deferment of Disaster Loan Payments.--
(1) In general.--Notwithstanding any other provision of
law, payments of principal and interest on a loan under section
7(b) of the Small Business Act (15 U.S.C. 636(b)) to a borrower
located in a Disaster Area made before August 24, 2007, shall
be deferred, and no interest shall accrue with respect to such
loan, during the time period described in paragraph (2).
(2) Time period.--
(A) In general.--The time period referred to in
paragraph (1) is the one-year period that begins on the
latter of the following dates:
(i) The date of the enactment of this
subtitle.
(ii) The date on which the loan is made.
(B) Extension.--The Administrator may extend the
time period described in subparagraph (A) for one year
after the date on which it would otherwise expire, if
the Administrator finds that such an extension is
appropriate.
(3) Resumption of payments.--Upon the expiration of the
time period described in paragraph (2), the payment of periodic
installments of principal and interest shall be required with
respect to a loan for which payments are deferred under
paragraph (1) in the same manner and subject to the same terms
and conditions as would otherwise apply.
(d) Refinancing Disaster Loans After Hurricane Katrina.--
(1) Refinancing permitted.--A small business concern that
is located in a Disaster Area or was located in such an area as
of August 24, 2005, may refinance any loan made under section
7(b) of the Small Business Act (15 U.S.C. 636(b)) that, as of
August 24, 2005, was outstanding as to principal or interest,
and the refinanced amount shall be considered to be part of the
new loan for purposes of this subsection and section 7(b) of
the Small Business Act (15 U.S.C. 636(b)).
(2) No effect on eligibility for other loans.--A
refinancing under paragraph (1) by a small business concern
shall have no effect on the eligibility of that small business
concern for any other loan under the Small Business Act (15
U.S.C. 632 et seq.).
(3) Interest rate.--A loan under this subsection shall be
made at the same interest rate as economic injury loans under
section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)).
(e) Refinancing Business Debt.--
(1) Refinancing permitted.--A small business concern that
is located in a Disaster Area or was located in such an area as
of August 24, 2005, may refinance any business debt of that
small business concern that was outstanding as to principal or
interest as of August 24, 2005.
(2) Principal and interest.--With respect to a refinancing
under this subsection, payments of principal shall be deferred,
and interest may accrue, during the 1-year period beginning on
the date of the refinancing, and the refinanced amount shall be
considered to be part of a new loan for purposes of this
subsection and section 7(b) of the Small Business Act (15
U.S.C. 636(b)).
(3) Resumption of payments.--Upon the expiration of the
one-year period described in paragraph (2), the payment of
periodic installments of principal and interest shall be
required with respect to a refinancing for which payments are
deferred under such paragraph in the same manner and subject to
the same terms and conditions as would otherwise apply.
(4) Interest rate.--A loan under this subsection shall be
made at the same interest rate as economic injury loans under
section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)).
(f) Extended Application Period.--Notwithstanding any other
provision of law, the Administrator shall accept applications for
assistance under this section from small business concerns adversely
affected by Hurricane Katrina until one year after the date on which
the President designated the area as a disaster area as a result of
Hurricane Katrina.
(g) No Sale.--No loan under this section made as a result of
Hurricane Katrina may be sold.
SEC. 813. NATIONWIDE DISASTER LOANS.
(a) Loans Authorized.--The Administrator may make such loans as the
Administrator determines appropriate under section 7(b) of the Small
Business Act (15 U.S.C. 636(b)) (either directly or in cooperation with
banks or other lending institutions through agreements to participate
on an immediate or deferred basis) to a small business concern, small
agricultural cooperative, small nursery, or small producer cooperative
located anywhere in the United States that demonstrates a direct
adverse economic impact caused by Hurricane Katrina, based on such
criteria as the Administrator may set by rule, regulation, or order.
(b) Disaster Mitigation.--
(1) In general.--Section 7(b)(1)(A) of the Small Business
Act (15 U.S.C. 636(b)(1)(A)) is amended by inserting ``of the
aggregate costs of such damage or destruction (whether or not
compensated for by insurance or otherwise)'' after ``20 per
centum''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to a loan or guarantee made after the
date of enactment of this Act.
(c) Technical Amendments.--Section 7(b) of the Small Business Act
(15 U.S.C. 636(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``the, Administration'' and inserting ``the Administration'';
(2) in paragraph (2)(A), by striking ``Disaster Relief and
Emergency Assistance Act'' and inserting ``Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.)''; and
(3) in the undesignated matter at the end--
(A) by striking ``, (2), and (4)'' and inserting
``and (2)''; and
(B) by striking ``, (2), or (4)'' and inserting
``(2)''.
(d) Disaster Loan Additional Amounts.--In addition to any other
amounts otherwise appropriated for such purpose, there is authorized to
be appropriated to the Administration $86,000,000, to make loans under
section 7(b) of the Small Business Act.
SEC. 814. SMALL BUSINESS EMERGENCY RELIEF.
(a) Business Loan Programs.--Section 20(e)(1)(B) of the Small
Business Act (15 U.S.C. 631 note) is amended--
(1) in the matter preceding clause (i), by striking
``$25,050,000,000'' and inserting ``$40,050,000,000'';
(2) in clause (i), by striking ``$17,000,000,000'' and
inserting ``$27,000,000,000''; and
(3) in clause (ii), by striking ``$7,500,000,000'' and
inserting ``$12,500,000,000''.
(b) Grants to States Adversely Affected by Hurricane Katrina.--
(1) In general.--The Secretary of Commerce shall make
grants to the States of Louisiana, Alabama, and Mississippi to
be used by appropriate State agencies in accordance with this
subsection.
(2) Disbursement of funds.--The Secretary of Commerce shall
make grants under paragraph (1) in the most expeditious manner
possible to the designated States, based on--
(A) the number of businesses directly damaged or
disrupted by reason of Hurricane Katrina in the State;
(B) the number of residents displaced from the
State by reason of Hurricane Katrina;
(C) the number of jobs lost or disrupted by reason
of Hurricane Katrina in the State;
(D) the extent of economic disruption by reason of
Hurricane Katrina in the State; and
(E) the number of evacuees from any other State by
reason of Hurricane Katrina to whom the designated
State is providing assistance.
(3) Use of funds.--
(A) In general.--Grants awarded to a State under
paragraph (1) shall be used by the State to provide
bridge grants and loans, which may be made to any
person located in a Disaster Area who was directly
adversely affected by Hurricane Katrina, to assist such
person in covering costs until the person is able to
obtain loans through Administration assistance programs
or other sources.
(B) Reimbursement.--A State may use a grant awarded
under paragraph (1) as reimbursement for any State
funds used to provide bridge grants or loans to any
person located in a Disaster Area who was directly
adversely affected by Hurricane Katrina before the date
on which the funds authorized under paragraph (1) are
disbursed.
(C) Criteria.--Notwithstanding any other provision
of law, in making bridge grants and loans under
subparagraph (A), the State may use such criteria as
the State determines appropriate, and shall not be
required to apply eligibility criteria for programs
administered by the Department of Commerce.
(D) Terms.--For any loan made by a State under
subparagraph (A)--
(i) such a loan may initially be a
noncollateralized, low-interest loan;
(ii) payments and interest on such a loan
may be deferred for at least 1 year after the
date on which the loan is made;
(iii) the balance remaining on such a loan
5 years after the date on which the loan is
made may be forgiven entirely by the State, if
the borrower has continued to operate during
that 5-year period in a Disaster Area; and
(iv) such a loan may be forgiven by the
State, under such terms as it may set, if the
borrower cannot repay such loan.
(E) Administrative expenses.--The Department of
Commerce may use not more than $1,000,000 of the funds
authorized under paragraph (4) to administer the
provision of grants to the designated States under this
subsection.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of Commerce $450,000,000
for the Economic Development Administration of the Department
of Commerce to carry out this subsection.
SEC. 815. AUTHORIZATION OF APPROPRIATIONS FOR BUSINESS COUNSELING.
In addition to any other amounts authorized for any fiscal year,
there are authorized to be appropriated to the Administration, to
remain available until expended, for fiscal year 2006--
(1) $21,000,000, to be used for activities of small
business development centers pursuant to section 21 of the
Small Business Act (15 U.S.C. 648), not less than $15,000,000
of which shall be non-matching funds and used to aid and assist
small business concerns affected by Hurricane Katrina;
(2) $2,000,000, to be used for the SCORE program authorized
by section 8(b)(1) of the Small Business Act (15 U.S.C.
637(b)(1)), for the activities described in subparagraph
(B)(ii) of such section, not less than $1,000,000 of which
shall be used to aid and assist small business concerns
affected by Hurricane Katrina;
(3) $4,500,000, to be used for activities of women's
business centers authorized by section 29(b) of the Small
Business Act (15 U.S.C. 656(b)) and for recipients of a grant
under section 29(l) of that Act (15 U.S.C. 656(l)), not less
than $2,500,000 of which shall be non-matching funds used to
aid and assist small business concerns affected by Hurricane
Katrina, which may also be made available to a women's business
center whose 5-year project ended in fiscal year 2004;
(4) $1,250,000, to be used for activities of the office of
veteran's business development pursuant to section 32 of the
Small Business Act (15 U.S.C. 657b), not less than $750,000 of
which shall be used to aid and assist small business concerns
affected by Hurricane Katrina; and
(5) $5,000,000, to be used for activities of the microloan
program authorized by clauses (ii) and (iii) of section
7(m)(1)(G) of the Small Business Act (15 U.S.C. 636(m)(1)(G))
to aid and assist small business concerns adversely affected by
Hurricane Katrina.
SEC. 816. SMALL BUSINESS DEVELOPMENT CENTERS.
(a) Availability of Grants.--The Administrator shall make available
grants under section 21 of the Small Business Act (15 U.S.C. 648) to
small business development centers assisting small business concerns
adversely affected by Hurricane Katrina.
(b) Waiver of Maximum Grant Amount.--For each of fiscal years 2005
and 2006, the Administrator may waive the maximum amount of $100,000
for non-matching grants under section 21(a)(4)(C)(viii) of the Small
Business Act (15 U.S.C. 648(a)(4)(C)(viii)).
(c) Assistance to Small Business Concerns in Disaster Areas.--
(1) The Administrator shall authorize any small business
development center, regardless of location, to provide advice,
information, and assistance, as described in section 21(c) of
such Act (15 U.S.C. 648(c)), to a small business concern
located in a Disaster Area.
(2) A small business development center that provides
counselors to a Disaster Area shall, to the maximum extent
practicable, ensure continuity of services in the State it
currently serves.
SEC. 817. HUBZONES.
Notwithstanding any other provision of law, a Disaster Area shall
be deemed to be a historically underutlized business zone within the
meaning of section 3(p)(1) of the Small Business Act (15 U.S.C.
632(p)(1).
SEC. 818. SMALL BUSINESS BONDING THRESHOLD.
(a) In General.--Notwithstanding any other provision of law, for
all procurements related to Hurricane Katrina, the Administrator may,
upon such terms and conditions as the Administrator may prescribe,
guarantee, and enter into commitments to guarantee any surety against
loss resulting from a breach of the terms of a bid bond, payment bond,
performance bond, or bonds ancillary thereto, by a principal on any
total work order or contract amount at the time of bond execution that
does not exceed $5,000,000
(b) Discretionary Increase.--The Administrator may increase the
maximum amount of a work order or contract to which subsection (a)
applies to $10,000,000, at the discretion of the Administrator.
SEC. 819. LOAN DEFAULTS.
Notwithstanding any other provision of law, no loan made before
August 24, 2005, under subsection (a) or (m) of section 7 of the Small
Business Act (15 U.S.C. 636) or under title III or section 503 of the
Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) for which
the borrower goes into default by reason of Hurricane Katrina shall be
considered a cost (as that term is defined in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 622)) to the Administration
for purposes of calculating the subsidy rate for loans under subsection
(a) or (m) of section 7 of the Small Business Act or title III or
section 503 of the Small Business Investment Act of 1958, respectively.
SEC. 820. BUDGETARY TREATMENT OF LOANS AND FINANCINGS.
(a) In General.--Assistance made available under any loan made or
approved by the Administration under this subtitle, subsections (a) or
(b) of section 7 of the Small Business Act (15 U.S.C. 636), or
financings made under title V of the Small Business Investment Act of
1958 (15 U.S.C. 695 et seq.), on and after the date of enactment of
this subtitle, shall be treated as separate programs of the
Administration for purposes of the Federal Credit Reform Act of 1990
only.
(b) Use of Funds.--Assistance under this subtitle and the
amendments made by this subtitle shall be available only to the extent
that funds are made available under appropriations Acts, which funds
shall be utilized to offset the cost (as such term is defined in
section 502 of the Federal Credit Reform Act of 1990) of such
assistance.
SEC. 821. EMERGENCY PROCUREMENT AUTHORITY.
(a) Small Business Reservation Offset.--Section 15(j) of the Small
Business Act (15 U.S.C. 644(j)) is amended by adding at the end the
following:
``(4) For any contract involving the use of the special emergency
procurement authority under section 32A(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 428a(c)), the dollar ceiling of the
small business reservation established in paragraph (1) shall be
adjusted to match the applicable amount of the simplified acquisition
threshold.''.
(b) Retention of Small Business Subcontracting.--Section 8(d)(4)(D)
of the Small Business Act (15 U.S.C. 637(d)(4)(D)) is amended--
(1) by striking ``(D) No contract'' and inserting the
following:
``(D) Small Business Participation.--
``(i) In general.--No contract''; and
(2) by adding at the end the following:
``(ii) Emergency procurements.--
``(I) In general.--For any contract that otherwise
meets the requirements of this subsection and that
involves the use of special emergency procurement
authority under section 32A(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 428a(c)), the
subcontracting plan required under this subsection
shall be negotiated as soon as is practicable, but not
later than 30 days after the date on which the contract
is awarded.
``(II) Payment.--Not more than 50 percent of the
amount due under any contract described in subclause
(I) may be paid, unless a subcontracting plan compliant
with this subsection is negotiated by the
contractor.''.
TITLE IX--TAX PROVISIONS
SEC. 901. HOME PURCHASE BY VICTIMS OF HURRICANE KATRINA.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. HOME PURCHASE BY INDIVIDUALS DISPLACED BY HURRICANE
KATRINA.
``(a) Allowance of Credit.--In the case of an eligible homebuyer
who purchases a principal residence in the Hurricane Katrina disaster
area, there shall be allowed as a credit against the tax imposed by
this chapter for the taxable year an amount equal to so much of the
purchase price of the residence as does not exceed $5,000.
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount allowable as a credit under
subsection (a) (determined without regard to this subsection
and subsection (d)) for the taxable year shall be reduced (but
not below zero) by the amount which bears the same ratio to the
credit so allowable as--
``(A) the excess (if any) of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $70,000 ($110,000 in the case of a
joint return), bears to
``(B) $20,000.
``(2) Modified adjusted gross income.--For purposes of
paragraph (1), the term `modified adjusted gross income' means
the adjusted gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income under
section 911, 931, or 933.
``(c) Eligible Homebuyer.--For purposes of this section--
``(1) In general.--The term `eligible homebuyer' means any
individual if--
``(A) on August 29, 2005, the principal place of
abode of such individual (and if married, such
individual's spouse) was located in the Hurricane
Katrina disaster area, and such principal place of
abode was rendered uninhabitable by Hurricane Katrina,
and
``(B) the principal residence for which the credit
is allowed under subsection (a) is located in the same
State as such principal place of abode.
``(2) One-time only.--If an individual is allowed a credit
under this section with respect to any principal residence,
such individual may not be allowed a credit under this section
with respect to any other principal residence.
``(3) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(d) Carryover of Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section and sections 23, 24, 25B, and 1400C)
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such taxable year.
``(e) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Hurricane katrina disaster area.--The term `Hurricane
Katrina disaster area' means an area determined by the
President to warrant assistance from the Federal Government
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act by reason of Hurricane Katrina.
``(2) Allocation of dollar limitation.--
``(A) Married individuals filing separately.--In
the case of a married individual filing a separate
return, subsection (a) shall be applied by substituting
`$2,500' for `$5,000.'
``(B) Other taxpayers.--If 2 or more individuals
who are not married purchase a principal residence, the
amount of the credit allowed under subsection (a) shall
be allocated among such individuals in such manner as
the Secretary may prescribe, except that the total
amount of the credits allowed to all such individuals
shall not exceed $5,000.
``(3) Purchase.--
``(A) In general.--The term `purchase' means any
acquisition, but only if--
``(i) the property is not acquired from a
person whose relationship to the person
acquiring it would result in the disallowance
of losses under section 267 or 707(b) (but, in
applying section 267(b) and (c) for purposes of
this section, paragraph (4) of section 267(c)
shall be treated as providing that the family
of an individual shall include only his spouse,
ancestors, and lineal descendants), and
``(ii) the basis of the property in the
hands of the person acquiring it is not
determined--
``(I) in whole or in part by
reference to the adjusted basis of such
property in the hands of the person
from whom acquired, or
``(II) under section 1014(a)
(relating to property acquired from a
decedent).
``(B) Construction.--A residence which is
constructed by the taxpayer shall be treated as
purchased by the taxpayer on the date the taxpayer
first occupies such residence.
``(4) Purchase price.--The term `purchase price' means the
adjusted basis of the principal residence on the date such
residence is purchased.
``(f) Reporting.--If the Secretary requires information reporting
under section 6045 by a person described in subsection (e)(2) thereof
to verify the eligibility of taxpayers for the credit allowable by this
section, the exception provided by section 6045(e)(5) shall not apply.
``(g) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to the purchase of any
residence, the basis of such residence shall be reduced by the amount
of the credit so allowed.
``(h) Application of Section.--This section shall apply to property
purchased after August 28, 2005, and before January 1, 2007.''.
(b) Conforming Amendment.--Section 1016(a) of such Code is amended
by striking ``and'' at the end of paragraph (36), by striking the
period at the end of paragraph (37) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(38) to the extent provided in section 25E(g).''.
(c) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Home purchase by individuals displaced by Hurricane
Katrina.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 902. RELIEF THROUGH LOW-INCOME HOUSING CREDIT RELATING TO
HURRICANE KATRINA.
(a) Increase in Housing Credit Dollar Amount.--For purposes of
determining the State housing credit ceiling of the States of Alabama,
Louisiana, and Mississippi for 2006 and 2007, section
42(h)(3)(C)(ii)(I) of the Internal Revenue Code of 1986 shall be
applied by substituting ``$3.70'' for ``$1.75''.
(b) Authority to Waive Percentage Limitation to Treat Hurricane
Katrina Disaster Areas as Difficult Development Areas.--In the case of
taxable years beginning in 2005, 2006, and 2007, any area in the State
of Alabama, Louisiana, or Mississippi located within the area
determined by the President to warrant assistance from the Federal
Government under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act by reason of Hurricane Katrina shall be treated as a
difficult development area for purposes of section 42(d)(5)(C) of the
Internal Revenue Code of 1986, notwithstanding the percentage
limitation in clause (iii)(II) of such section.
(c) Waiver of Full Subscription Requirement.--In the case of the
States of Alabama, Louisiana, and Mississippi for 2005, 2006, and 2007,
section 42(h)(3)(D) of such Code shall be applied without regard to
clause (iv)(I) of such section.
SEC. 903. TAX EXEMPT BONDS FOR QUALIFIED GULF COAST RECOVERY PROJECTS.
Section 149(h) of the Internal Revenue Code of 1986 (relating to
bonds that must be registered to be tax exempt; other requirements) is
amended by adding at the end the following:
``(h) Treatment of Gulf Coast Recovery Bonds.--
``(1) In general.--Section 103(a) shall apply to any
qualified Gulf Coast recovery bond.
``(2) Qualified gulf coast recovery bond.--For purposes of
this subsection, the term `qualified Gulf Coast recovery bond'
means any bond if--
``(A) the issuer reasonably expects that at least
95 percent of the net proceeds of the issue will be
used for facilities in a qualified hurricane disaster
area,
``(B) the issue of which such bond is a part would,
without regard to the application of subsection (b) and
section 146, otherwise meet the requirements for
excluding the interest on such bond from gross income
under section 103 and applicable requirements of this
part, and
``(C) if the aggregate face amount of bonds of
which such bond is a part issued pursuant to such
issue, when added to the aggregate face amount of
qualified Gulf Coast recovery bonds previously issued
by the issuing authority during the calendar year, does
not exceed such authority's volume cap specified in
paragraph (4).
``(3) Federal guarantee.--For purposes of this subsection--
``(A) Federal guarantee.--The Secretary may
guarantee the payment of principal or interest with
respect to any qualified Gulf Coast recovery bond under
such terms and conditions as the Secretary may require,
except that in the case of a default of such bond, the
Secretary shall condition the granting of such
guarantee on the agreement by the State to a repayment
schedule (including interest) for such bonds.
``(B) Treatment of bond as tax exempt.--
Subparagraph (b) shall not apply to a qualified Gulf
Coast recovery bond.
``(4) Volume cap.--For purposes of this subsection, the
volume cap for a State shall be--
``(A) in the case of the State of Alabama,
$10,000,000,000,
``(B) in the case of the State of Louisiana,
$20,000,000,000,
``(C) in the case of the State of Mississippi,
$20,000,000,000, and
``(D) zero in any other case.
``(5) Qualified hurricane disaster area.--The term
`qualified hurricane disaster area' means the portion of an
area determined by the President to warrant individual or
individual and public assistance from the Federal Government
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act with respect to which a major disaster has been
declared under section 401 of such Act by reason of Hurricane
Katrina.
``(6) Section 146 not applicable.--Section 146 shall not
apply with respect to any bond issued under this subsection.
``(7) Termination.--This subsection shall not apply to
bonds issued after December 31, 2010.''.
TITLE X--BANKRUPTCY
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Hurricane Katrina Bankruptcy
Relief and Community Protection Act of 2005''.
SEC. 1002. DEFINITIONS; WHO MAY BE A DEBTOR.
(a) Current Monthly Income.--Section 101(10A)(B) is amended--
(1) by striking ``and payments'' and inserting
``payments'', and
(2) by inserting before the period at the end ``, and
payments to victims of a natural disaster on account of their
status as victims of a natural disaster''.
(b) Natural Disaster; Natural Disaster Zone.--Section 101 of title
11, United States Code, is amended--
(1) by redesignating paragraphs (40A) and (40B) as
paragraphs (40C) and (40D), respectively, and
(2) by inserting after paragraph (40) the following:
``(40A) The term `natural disaster' means--
``(A) a major disaster, as defined in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act; or
``(B) a situation similar to such a major disaster
(as so defined), with respect to which a determination
is made in accordance with State law that such
situation exists.
``(40B) The term `natural disaster zone' means the
geographical area included in the determination of a natural
disaster.''.
(c) Victim of Natural Disaster.--Section 101 of title 11, United
States Code, is amended by adding at the end the following:
``(56) The term `victim of a natural disaster' means a
person--
``(A) whose financial condition is materially
adversely affected by a natural disaster; and
``(B) whose domicile, residence, or principal place
of business in the United States, or whose principal
assets in the United States, are located in a natural
disaster zone immediately preceding the event that
caused the natural disaster exists.''.
(d) Who May Be a Debtor.--Section 109(h)(4) of title 11, United
States Code, is amended by inserting ``natural disaster,'' after
``disability,''.
SEC. 1003. AMENDMENT TO CHAPTER 3.
Section 362(b)(22) of title 11, United States Code, is amended by
inserting ``(excluding a debtor who is victim of a natural disaster)''
after ``debtor'' the 1st place it appears.
SEC. 1004. AMENDMENTS TO CHAPTER 5.
Section 521 of title 11, United States Code, is amended by adding
at the end the following:
``(k) The Court may extend any time period specified in this
section as may be necessary if--
``(1) the debtor is a victim of a natural disaster; and
``(2) the debtor's status as a victim of a natural disaster
necessitates such extension of time.''.
SEC. 1005. AMENDMENTS TO CHAPTER 7.
(a) Debtor's Monthly Expenses.--Section 707(b)(2)(A)(ii) of title
11, United States Code, is amended by adding at the end the following:
``(IV) In addition, the debtor's
monthly expenses may include the actual
reasonably necessary expenses incurred
as a result of being a victim of a
natural disaster.''.
(b) Limitation on Conversion of Case.--Section 707(b)(2) of title
11, United States Code, is amended by adding at the end the following:
``(E) Subparagraphs (A), (B), and (C) shall not
apply, and the court may not dismiss or convert a case
under section 707(b), if the debtor is a victim of a
natural disaster.''.
SEC. 1006. AMENDMENTS TO CHAPTER 11.
(a) Conversion of Case.--Section 1112(b) of title 11, United States
Code is amended--
(1) in paragraph (2)(B)(i) by inserting ``, including a
natural disaster'' before the semicolon, and
(2) in paragraph (3) by inserting ``(including a natural
disaster)'' after ``circumstances''.
(b) Who May File a Plan.--Section 1121(e)(3) of title 11, United
States Code, is amended--
(1) in subparagraph (A) by inserting ``(i)'' after ``(A)'',
(2) in subparagraph (C) by striking the period at the end
and inserting ``; or'',
(3) by redesignating subparagraphs (B) and (C) as clauses
(ii) and (iii), respectively, and
(4) by adding at the end the following:
``(B) the debtor is unable to meet the deadline
because of a natural disaster.''.
(c) Extension of Time for Small Businesses.--Chapter 11 of title
11, United States Code, is amended--
(1) in the table of sections by adding at the end the
following:
``1117. Extension of time for small businesses.'', and
(2) in subchapter I by adding at the end the following:
``Sec. 1117. Extension of time for small businesses
``Notwithstanding any other provision of this title, in a small
business case the court may extend any deadline specified in this
chapter if the court finds that such extension is--
``(1) necessary to protect the best interests of the
creditors and the estate; or
``(2) warranted by a natural disaster.''.
SEC. 1007. AMENDMENTS TO CHAPTER 13.
(a) Conversion or Dismissal.--Section 1307(e) of title 11, United
States Code, is amended by adding at the end the following: ``The Court
may extend any time period specified in this subsection as may be
necessary if--
``(1) the debtor is a victim of a natural disaster; and
``(2) the debtor's status as a victim of a natural disaster
necessitates such extension of time.''.
(b) Filing of Prepetition Tax Returns.--Section 1308 of title 11,
United States Code, is amended by adding at the end the following:
``(d) The Court may extend any time period specified in this
subsection as may be necessary if--
``(1) the debtor is a victim of a natural disaster; and
``(2) the debtor's status as a victim of a natural disaster
necessitates such extension of time.''.
SEC. 1008. AMENDMENT TO TITLE 28 OF THE UNITED STATES CODE.
Section 1408 of title 28, United States Code, is amended--
(1) by inserting ``(a)'' before ``Except'', and
(2) by adding at the end the following:
``(b) If a case under title 11 cannot be commenced in a district
court described in subsection (a) because a person is the victim of a
natural disaster (as defined in section 101 of title 11), then a case
under title 11 may be commenced by such person in the district court
for the district in which such person resides.''.
SEC. 1009. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--This title and the amendments made by this
title shall take effect on the date of the enactment of this Act.
(b) Application of Amendments.--The amendments made by this title
shall apply only with respect to cases commenced under title 11 of the
United States Code on and after the date of the enactment of this Act.
TITLE XI--MISCELLANEOUS
SEC. 1101. REIMBURSEMENTS.
Upon the request of any government, organization, individual, or
other entity that provided rescue, housing, or other services that
would normally be provided by the Federal Emergency Manangement Agency
to a person or persons heeding the Hurricane Katrina evacuation order
or to an evacuee from Hurricane Katrina (before, during or after
Hurricane Katrina), the Director of the Federal Emergency Management
Agency shall reimburse to such government, organization, individual, or
other entity the cost of providing such services. The Director of the
Department of Homeland Security shall promulgate reasonable rules,
regualtions, and processes for such reimbursement.
SEC. 1102. TEMPORARY FLOOD INSURANCE BUY-IN PROGRAM.
(a) In General.--The Director of the Federal Emergency Management
Agency shall make available flood insurance coverage under the national
flood insurance program available for eligible structures, in
accordance with this section.
(b) Scope of Coverage.--
(1) Eligible losses.--Coverage may be made available under
this section only for a damage or loss to an eligible
structure, but not including any contents thereof, from
flooding resulting from Hurricane Katrina.
(2) Amount.--The amount of such coverage made available
under this section for an eligible structure may not exceed the
lesser of--
(A) the maximum amount of coverage that may be made
available for such structure under the national flood
insurance program; and
(B) the amount of coverage provided for the
structure, as of August 28, 2005, under the policy for
losses caused by wind or windstorm (as referred to in
subsection (c)(3)).
(c) Eligible Structures.--For purposes of this section, an eligible
structure is a structure that--
(1) sustained damage from flooding resulting from Hurricane
Katrina of 2005;
(2) is of a type (including residential properties,
business properties, and others) for which coverage was
generally made available under the national flood insurance
program as of August 28, 2005;
(3) is located in a covered disaster area (as such term is
defined in subsection (h));
(4) as of August 28, 2005, was covered by an insurance
policy for losses caused by wind or windstorm;
(5) is not located in an area that has been identified by
the Director as an area having special flood hazards (as such
term is used for purposes of section 102 of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a)); and
(6) was not covered by flood insurance made available under
the national flood insurance program at the time of such
damage.
(d) Premiums.--
(1) Amount.--The Director shall charge, for coverage made
available under this section for an eligible structure,
premiums in the amount equal to 105 percent of the aggregate
amount of premiums that would have been charged, at the time,
for coverage for the structure under the national flood
insurance program (for the type and amount of coverage
provided) for the 10-year period that ends upon the date of
purchase of such coverage.
(2) Deduction from claims.--The Director shall provide that
a purchaser of coverage made available under this section may
pay premiums charged for such coverage pursuant to paragraph
(1) by deducting such amounts from the amount of any claims
payable under such coverage.
(3) Credits to nfif.--There shall be credited to the
National Flood Insurance Fund established under section 1310 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4017) the
following amounts:
(A) Any premiums collected pursuant to this
section.
(B) From amounts appropriated pursuant to
subsection (i)(1), an amount equal to the amount of any
premiums charged for coverage made available under this
subsection that are not collected by the Director as a
result of the operation of paragraph (2) of this
subsection.
(e) Claims.--Claims for damage or loss pursuant to coverage made
available under this section may be paid only from amounts made
available in appropriation Acts pursuant to subsection (i). Amounts in
the National Flood Insurance Fund established under section 1310 of the
National Flood Insurance Act of 1968, including any amount credited to
such Fund pursuant to subsection (d)(3), shall not be available for
paying claims under coverage made available under this section.
(f) Requirements to Obtain Future Coverage and Take Mitigation
Actions.--The Director may not make coverage available under this
section for an eligible structure unless the owner of the structure
enters into binding agreements, contained in such deed restrictions as
the Director considers appropriate, to ensure that such owner, and any
future owners, will--
(1) at all times after purchasing coverage under this
section for the structure, in perpetuity, maintain coverage
under the national flood insurance program, for any structures
located at any time on the same property on which, at the time
of purchase, such eligible structure is located, in an amount
at least equal to the lesser of--
(A) the value of the structure, as determined by
the Director; or
(B) the maximum limit of coverage made available
with respect to the particular type of property under
the national flood insurance program; and
(2) accept any offer to take mitigation actions or
activities made, with respect to the structure, under a
mitigation program under section 1323, 1361A, or 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4030, 4102a,
4104c).
(g) Premium Rates for Future Coverage.--In establishing rates for
flood insurance coverage, other than coverage under this section, made
available under the national flood insurance program, the Director
shall not consider, in any manner--
(1) any premiums charged or collected pursuant to
subsection (d);
(2) any claims paid pursuant to coverage made available
under this section; or
(3) any amounts appropriated pursuant to subsection (i).
(h) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Covered disaster area.--The term ``covered disaster
area'' means an area--
(A) for which a major disaster was declared by the
President pursuant to title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
as a result of Hurricane Katrina of 2005; and
(B) in which the sale of flood insurance coverage
was available under the National Flood Insurance Act of
1968 as of August 28, 2004.
(2) Director.--The term ``Director'' means the Director of
the Federal Emergency Management Agency.
(i) Authorization of Appropriations.--
(1) For claims payments.--There are authorized to be
appropriated to the Director such sums as may be necessary to
cover all costs of flood insurance coverage made available
under this section, including administrative expenses and
claims under such coverage.
(2) For mitigation assistance.--There are authorized to be
appropriated such sums as may be necessary, for the national
flood insurance fund established under section 1310 of the
National Flood Insurance Act of 1968 and for the national flood
mitigation fund established under section 1367 of such Act (42
U.S.C. 4104d), for use only for mitigation activities under the
programs under sections 1323, 1361A, and 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4030, 4102a, 4104c), as
appropriate, for eligible structures.
(j) Termination.--The Director may not enter into any contract or
policy for coverage under this section except pursuant to an
application for such coverage submitted to the Director before the
expiration of the 90-day period beginning on the date of the enactment
of this Act.
SEC. 1103. PROTECTION OF EXISTING RIGHTS OF MILITARY PERSONNEL.
Nothing in this Act shall be construed to restrict or otherwise
limit rights set forth in any local, State or Federal law or regulation
affording rights and benefits to military personnel or their families.
TITLE XII--ERADICATING POVERTY
SEC. 1201. FINDINGS.
The Congress finds that--
(1) 8.2 percent of Whites, 11.8 percent of Asians, 22.5
percent of Latinos, and 24.4 percent of Blacks lived in poverty
in 2003;
(2) the poverty rate was 24.7 percent for Blacks and 21.9
percent for Latinos in 2004;
(3) the poverty rate is the highest in the completely rural
counties (not adjacent to metro counties), with 16.8 percent of
the population poor;
(4) the top 5 most impoverished States according to the
Census Bureau are Mississippi, Kentucky, Alabama, Louisiana,
and the District of Columbia;
(5) the Bureau of the Census established the poverty line
for 2003 to be $14,680 for a family of three;
(6) extreme poverty is defined as people with income of
less than one-half of the poverty level;
(7) 12,900,000 children under the age of 18 lived in
poverty in 2003, and the number of children living in extreme
poverty rose by 500,000 from 2002 to 2003;
(8) a poor child is more likely to leave school at the age
of 16 with no qualifications than the average middle-class
child;
(9) between 2000 and 2004 the real median earnings for
female full-time, full-year workers declined by 2.3 percent and
for male full-time, full-year workers declined by 4.4 percent;
(10) the average annual cost for attending a public
university now equals more than 62 percent of the income of a
working class family;
(11) each year, over 400,000 college-ready, low-income
students do not pursue their college education because they
cannot afford the cost; Whereas homeless children face more
barriers to school enrollment and attendance due to a lack of
available transportation, residency requirements, inability to
obtain previous school records, and a lack of clothing and
school supplies;
(12) the number of uninsured Americans rose to 45,800,000
in 2004, 860,000 more than in the previous year;
(13) the Bureau of the Census found 11.1 percent of Whites,
18.7 percent of Asians, 19.5 percent of Blacks, and 32.7
percent of Latinos had no health insurance in 2003;
(14) the Bureau of the Census found 75.8 percent of
households with an income of less than $25,000 had health
insurance in 2003;
(15) the Bureau of the Census found 91.8 percent of
households with incomes of $75,000 or more had health insurance
in 2003;
(16) the number of Americans without health insurance has
risen for 3 consecutive years;
(17) homeless children are in fair or poor health condition
twice as often as other children and have higher rates of
asthma, ear infections, stomach problems, and speech problems;
(18) the Department of Agriculture has found that, in 2002,
34,900,000 people lived in households experiencing food
insecurity;
(19) food insecurity refers to having inadequate access to
enough food to fully meet basic dietary needs to all times due
to a lack of financial resources;
(20) food insecurity and hunger rates have increased in the
United States for the third year in a row;
(21) in 2002, the Department of Agriculture found that 9.7
percent of households with incomes below 185 percent of the
Federal poverty line experienced hunger;
(22) the Bureau of the Census survey on food security has
found those at greatest risk of being hungry or on the edge of
hunger live in households that are headed by a single woman, a
Latino or Black, or with income below the poverty line;
(23) households with children experience food insecurity at
more than double the rate for households without children;
(24) the Bureau of the Census found that the Federal
Government's minimum wage is not enough to live off of, yet a
single parent of 2 young children working full-time in a
minimum wage job for a year would make $10,712 before taxes, a
wage which is $3,968 below the poverty threshold set by the
Federal Government;
(25) the Department of Labor records the unemployment level
at the end of 2004 as being 5 percent for Whites, 10.2 percent
for African-Americans and 6.6 percent for Latinos;
(26) families with children are among the fastest growing
segment of the homeless population;
(27) 39 percent of the homeless population are children and
an estimated 1,350,000 children will experience homelessness in
a year; and
(28) on January 20, 2001, President Bush stated ``In the
quiet of American conscience, we know that deep, persistent
poverty is unworthy of our Nation's promise. When there is
suffering, there is duty. Americans in need are not strangers,
they are citizens, not problems, but priorities, and all of us
are diminished when they are hopeless. I can pledge our Nation
to a goal, `when we see that wounded traveler on the road to
Jericho, we will not pass to the other side'.''.
SEC. 1202. SENSE OF CONGRESS.
It is the sense of Congress that no later than six months from the
adoption hereof, the President should present a plan to eradicate
poverty in the United States of America by the year 2015.
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