Louisiana Katrina Reconstruction Act - Makes emergency supplemental appropriations for FY2005 related to Hurricane Katrina disaster relief.
Makes appropriations for interoperable communications.
Provides for reconstruction/repair of the New Orleans Regional VA Hospital.
Directs the Secretary of the Navy to convey the Naval Support Activity to the City of New Orleans, Louisiana, or the Port of New Orleans, Louisiana, to facilitate their development and expansion.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act with respect to hazard mitigation measures in a major disaster area.
Directs the Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Agency (FEMA), to reimburse all costs associated with the restoration of privately-owned utility infrastructure damaged or destroyed by Hurricane Katrina.
Helping to House the Victims of Hurricane Katrina Act - Amends the United States Housing Act of 1937 with respect to Hurricane Katrina Emergency Assistance Vouchers.
Prescribes requirements under the Home Program for families displaced as a result of Hurricane Katrina.
Establishes in the Treasury the Home Business and Mortgage Protection Fund.
Amends the TANF Emergency Response and Recovery Act of 2005 with respect to reimbursement of states for benefits under title IV (Temporary Assistance for Needy Families) (TANF) part A of the Social Security Act (SSA)) provided to assist families from other states affected by Hurricane Katrina.
Requires a state to provide medical assistance under SSA title XIX (Medicaid) to Disaster Relief Medicaid (DRM)-eligible Katrina Survivors under a plan established during the DRM coverage period.
Provides for 100% federal matching payments for medical assistance provided in direct impact parishes.
Establishes in the Treasury the United States Disaster Relief Fund.
Amends the Internal Revenue Code and the Workforce Investment Act of 1998 to make Katrina survivors eligible for: (1) a refundable income tax credit for 100% of health insurance costs; and (2) assistance with health insurance coverage under national emergency grants.
Provides that an area in which the President has declared that a major disaster exists shall be designated as a health professional shortage area.
Waives, during the disaster relief period, certain quality reporting requirements under SSA title XVIII (Medicare) for hospitals located in any parish affected by Hurricane Katrina.
Amends the federal bankruptcy code with respect to debtors who are victims of a natural disaster.
Amends SSA title IX (Employment Security) to authorize the Secretary of the Treasury to transfer from the federal unemployment account to a state's account in the Unemployment Trust Fund an amount appropriate to ensure that the state account is not insolvent.
Authorizes the use of certain Department of Defense (DOD) and Louisiana National Guard funds for the payment of: (1) departure allowances in connection with the relocation of dependents of members of the uniformed services serving on active duty or of members of reserve components deployed in state service; and (2) claims for personal property damage and losses incurred by such members.
Declares that the departure of civilian DOD employees and their dependents from Louisiana parishes designated as major disaster areas on or after August 28, 2005, shall be considered an evacuation for the purpose of federal government payment for transportation to a location of the employee's choice.
Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration to guarantee the timely payment of any debenture issued for purposes of rebuilding or resuming operations in a damaged area.
Amends the Small Business Act with respect to Supplemental Emergency Loans after Hurricane Katrina.
Louisiana Hurricane Katrina Agriculture Disaster Relief Act of 2005 - Prescribes requirements for certain crop disaster assistance.
Privately Owned Utility System Restoration Act of 2005 - Directs the President to compensate privately owned utilities in Louisiana for losses incurred as a result of Hurricane Katrina.
Establishes a Protecting Essential Louisiana Infrastructure, Citizens, and Nature Commission (Pelican Commission).
Directs the Secretary of Commerce to establish a program of grants for activities relating to transition, recovery, and relocation for federal and state agencies, businesses, institutions of higher education, and public-private partnerships in Louisiana that have been affected by Hurricane Katrina or a related condition.
Amends the Communications Act of 1934 to provide for emergency grants for construction of public telecommunications facilities damaged or destroyed by Hurricane Katrina.
Provides relief for the crawfish industry.
Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to report on the impacts of Hurricane Katrina on fisheries in affected states.
Establishes an entrepreneurship redevelopment program to be administered by the Economic Development Administration to rebuild and diversify New Orleans and the ten surrounding parishes.
Requires the Louisiana Department of Transportation and Development to establish grant programs to: (1) construct, maintain, and repair evacuation and energy supply routes; (2) expand road and transit capacity in the community; (3) restore, protect, and improve the infrastructure of the Port of New Orleans and other affected ports.
Authorizes appropriations to the Federal Aviation Administration for reimbursements to the Louis Armstrong New Orleans International Airport for anticipated revenue shortfalls.
AmeriCorps Disaster Relief Corps Act of 2005 - Establishes an AmeriCorps Disaster Relief Corps to carry out projects in a major disaster or emergency area that provide food, clothing, shelter, and other humanitarian assistance for disaster victims.
Domestic Offshore Energy Reinvestment Act of 2005 - Directs the Secretary of the Treasury to make payments to coastal states from certain offshore energy-related amounts for hurricane protection and protection of resources from natural disasters.
Offshore Fairness Act of 2005 - Extends the seaward boundaries of Gulf of Mexico states from three geographical miles to three marine leagues if certain conditions are met.
Louisiana Restoration Stamp Act of 2005 - Directs the Secretary of the Treasury to issue a Louisiana Restoration Stamp and establish the Louisiana Restoration Stamp Fund to hold sale proceeds for coastal and wetland restoration activities.
Amends the Federal Water Pollution Control Act to authorize appropriations for the restoration of the Lake Pontchartrain basin.
Amends the Internal Revenue Code to prescribe or revise emergency tax relief measures for residents of the Hurricane Katrina disaster area, including specified tax credits and deductions from gross income.
Provides for suspension of air transportation excise taxes.
Special Inspector General for Relief and Reconstruction Act of 2005 - Authorizes the Special Inspector General for Iraq Reconstruction to continue to serve as the Special Inspector General for Relief and Reconstruction in order to audit and investigate use of funds made available for Hurricane Katrina recovery.
Directs the Government Accountability Office (GAO) to track and report to Congress quarterly on spending of Hurricane Katrina emergency supplemental appropriations.
Amends the federal criminal code to create a federal crime of interfering with federal disaster relief efforts.
Shields volunteers from lawsuits arising out of their rendering of aid to victims of Hurricane Katrina.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3958 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3958
To provide disaster relief and incentives for economic recovery for
Louisiana residents and businesses affected by Hurricane Katrina.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2005
Mr. Melancon introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committees on
Appropriations, Agriculture, Transportation and Infrastructure, the
Budget, Financial Services, Energy and Commerce, the Judiciary, Armed
Services, Education and the Workforce, Resources, and Small Business,
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 disaster relief and incentives for economic recovery for
Louisiana residents and businesses affected 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.
This Act may be cited as the ``Louisiana Katrina Reconstruction
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Treatment of amounts appropriated under this Act.
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
Subtitle A--Department of Defense--Military
Subtitle B--Military Construction
Subtitle C--Department of Veterans Affairs
Subtitle D--Department of Commerce
Subtitle E--Department of Homeland Security
Subtitle F--Department of Health and Human Services
Subtitle G--Department of Housing and Urban Development
Subtitle H--Department of Transportation
Subtitle I--Department of Energy
Subtitle J--Department of Education
Subtitle K--Coast Guard
Subtitle L--Department of the Interior
Subtitle M--Department of Agriculture
Subtitle N--Department of Justice
TITLE II--IMPROVEMENTS TO DISASTER ASSISTANCE
Sec. 200. Sense of the Senate regarding the appointment of Federal
Central Coordinating Agent.
Subtitle A--Immediate Disaster Relief
Sec. 201. Waiver of cost-sharing and maximum assistance requirements.
Sec. 202. Hazard mitigation grant program.
Sec. 203. State management costs.
Sec. 204. Disaster relief equity.
Sec. 205. Presidentially declared disaster area may include the Outer
Continental Shelf.
Sec. 206. Expedited payments of Federal assistance for debris removal
and emergency protective measures.
Sec. 207. Requirement to ensure debris clearance, removal, and disposal
from emergency access roads.
Sec. 208. Inclusion of debris removal from private land as eligible
claim for Federal assistance.
Sec. 209. Stafford Act waiver.
Subtitle B--Providing Information and Assistance to Hurricane Katrina
Evacuees
Sec. 211. Use of disaster relief and emergency assistance funds by
individuals and households.
Subtitle C--Emergency Preparedness and Response
Sec. 221. Creation of regional and field office facilities for the
Department of Homeland Security.
Sec. 222. Appropriation for interoperable communications.
Sec. 223. Responsibilities of the Under Secretary for Emergency
Preparedness and Response.
Sec. 224. Government Accountability Office report on Federal funds for
Hurricane Katrina recovery.
TITLE III--INDIVIDUAL CITIZENS RELIEF AND RECOVERY
Subtitle A--Housing Relief
Sec. 301. Housing vouchers.
Sec. 302. Home program.
Sec. 303. First time home buyer expansion.
Sec. 304. Home Business and Mortgage Protection Fund.
Sec. 305. Community Development Block Grant Program.
Sec. 306. Rural Housing and Economic Development Program.
Sec. 307. Definitions.
Subtitle B--TANF Relief
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. Work requirements and time limits under TANF program not
triggered by receipt of temporary tanf
benefits by families affected by Hurricane
Katrina.
Sec. 314. Emergency designation.
Subtitle C--Medicaid, Medicare, and Other Health Disaster Relief
Sec. 321. Definitions.
Sec. 322. Disaster relief medicaid.
Sec. 323. Targeted medicaid relief for direct impact parishes.
Sec. 324. Authority to waive requirements during national emergencies
with respect to evacuees from an emergency
area.
Sec. 325. Emergency assistance for States with respect to the Federal
medical assistance percentage for fiscal
year 2006.
Sec. 326. Emergency assistance to medicare beneficiaries.
Sec. 327. 100 percent Federal matching payments under medicaid for
uncompensated care provided to survivors of
Hurricane Katrina.
Sec. 328. Disaster relief fund for payments for private health
insurance coverage.
Sec. 329. Eligibility of Katrina survivors for refundable credit for
health insurance costs and assistance with
health insurance coverage under national
emergency grants.
Sec. 330A. National Health Service Corps.
Sec. 300A. Community health center grants.
Sec. 330B. Telemedicine.
Sec. 330C. Penalties for fraudulent use of licensure.
Sec. 330D. Waiver of certain medicare quality reporting requirements
for hospitals.
Sec. 330E. Moratorium on redeterminations.
Sec. 330F. Accommodation of special needs of Katrina Survivors under
medicare program.
Sec. 330G. Medicare providers and suppliers.
Subtitle D--Bankruptcy Relief
Sec. 331. Definitions; who may be a debtor.
Sec. 332. Amendments to chapter 5.
Sec. 333. Amendments to chapter 7.
Sec. 334. Amendments to chapter 11.
Sec. 335. Amendments to chapter 13.
Sec. 336. Effective date; application of amendments.
Subtitle E--Unemployment Compensation
Sec. 341. Federal-State agreements.
Sec. 342. Temporary Extended Unemployment Compensation Account.
Sec. 343. Payments to States having agreements for the payment of
temporary extended unemployment
compensation.
Sec. 344. Financing provisions.
Sec. 345. Fraud and overpayments.
Sec. 346. Definitions.
Sec. 347. Applicability.
Subtitle F--Special Reed Act Transfer
Sec. 351. Special Reed Act transfer.
Subtitle G--Assistance for Military Personnel and Defense Civilian
Employees
Sec. 361. Assistance for members of the uniformed services from
Louisiana.
Sec. 362. Assistance for civilian employees of the Department of
Defense.
TITLE IV--PUBLIC RELIEF, SMALL BUSINESS, AND AGRICULTURE RECOVERY
Subtitle A--Education Assistance
Sec. 401. Federal work study.
Sec. 402. Eligibility of hospitals for assistance.
Sec. 403. Assistance for students affected by Hurricane Katrina.
Subtitle B--Small Business Recovery
Sec. 411. Disaster loans.
Sec. 412. Development company debentures.
Sec. 413. Small business emergency relief.
Sec. 414. Entrepreneurial development.
Sec. 415. Small business development centers.
Sec. 416. Hubzones.
Sec. 417. Outreach programs.
Sec. 418. Small business bonding threshold.
Sec. 419. Supplemental emergency loans.
Sec. 420. Small business participation.
Sec. 421. Energy emergency relief.
Sec. 422. Budgetary treatment of loans and financings.
Sec. 423. Emergency spending.
Subtitle C--Agriculture
Sec. 431. Short title.
Sec. 432. Application to Louisiana parishes designated as disaster
areas due to Hurricane Katrina or related
conditions.
Sec. 433. Crop disaster assistance.
Sec. 434. Sugarcane disaster assistance.
Sec. 435. Compensation for infrastructure losses.
Sec. 436. Assistance to dairy and livestock producers.
Sec. 437. Emergency citrus disaster, nursery crop and christmas tree
disaster, and strawberry, horticultural
crops, fall fruits and vegetables disaster
programs.
Sec. 438. Conservation programs.
Sec. 439. Tree assistance program.
Sec. 440. Additional funds for Cooperative State Research, Education,
and Extension Service.
Sec. 441. Delta Regional Authority expansion.
Sec. 442. Water and waste disposal loan and grant programs.
Sec. 443. Community facilities loan and grant programs.
Sec. 444. Rural community advancement funds.
Sec. 445. Regulations.
Subtitle D--Privately Owned Utility Restoration
Sec. 461. Short title.
Sec. 462. Definitions.
Sec. 463. Privately owned utility disaster relief.
Sec. 464. Requirements for compensation; regulations.
Sec. 465. National Energy Infrastructure Zones.
Sec. 466. Provisions relating to depository institutions and credit
unions.
TITLE V--REBUILDING OF INFRASTRUCTURE
Subtitle A--Actions by Federal Agencies
Sec. 501. Pelican Commission.
Sec. 502. Presidential emergency permitting process.
Sec. 503. Federal contracting requirement for reconstruction.
Sec. 504. Continuation of worker payments and other allowable costs
under Federal contracts.
Sec. 505. Restoration of telecommunications infrastructure.
Subtitle B--Economic Development
Sec. 521. Recovery assistance for Federal and State agencies,
businesses, institutions of higher
education, and public-private partnerships.
Sec. 522. Manufacturing extension partnership program.
Sec. 523. Public telecommunications facilities.
Sec. 524. Grants for technology and economic development in areas
affected by Hurricane Katrina.
Sec. 525. Relief for crawfish industry.
Sec. 526. NOAA weather radio.
Sec. 527. Effects of Hurricane Katrina on fish and wildlife.
Sec. 528. Minority Business Development Agency.
Sec. 529. Southeast Louisiana Entrepreneurship Development Network.
Sec. 530. Export assistance program.
Subtitle C--Transportation
Sec. 541. Louisiana Department of Transportation and Development.
Sec. 542. Federal Aviation Administration.
Sec. 543. Federal Highway Administration.
Sec. 544. Federal Railroad Administration.
Sec. 545. Federal Transit Administration.
Sec. 546. Maritime Administration.
Sec. 547. Capital Construction Fund.
Subtitle D--AmeriCorps Disaster Relief Corps
Sec. 551. Short title.
Sec. 552. Definitions.
Sec. 553. Authority.
Sec. 554. Establishment of Special AmeriCorps Disaster Relief Corps.
Sec. 555. Grants to States, cities, organizations; cooperation with
Federal agencies.
Sec. 556. Transfer of funds to the National Service Trust.
Sec. 557. Authority for third-term benefits and educational award.
Sec. 558. Administrative expenses.
Sec. 559. Acceptance of donated services.
Sec. 560. Grants not subject to annual appropriations limitations.
Sec. 561. Authority to support programs operated by Federal agencies.
Sec. 562. Appropriation.
TITLE VI--HURRICANE PROTECTION AND ENVIRONMENTAL RESTORATION
Subtitle A--Hurricane Protection
Chapter 1--Domestic Offshore Energy Reinvestment Act of 2005
Sec. 601. Short title.
Sec. 602. Outer Continental Shelf.
Chapter 2--Offshore Fairness Act of 2005
Sec. 611. Short title.
Sec. 612. Purposes.
Sec. 613. Seaward boundary extension.
Subtitle B--Environmental Protection and Wetlands Restoration
Chapter 1--Louisiana Restoration Stamp
Sec. 621. Short title.
Sec. 622. Restoration program.
Chapter 2--Lake Pontchartrain Basin Restoration
Sec. 631. Redesignation and extension of program authorization.
Chapter 3--Funding
Sec. 641. Environmental Protection Agency.
Sec. 642. Louisiana Department of Environmental Quality.
Chapter 4--Environmental Regulations
Sec. 651. Notice to Congress of Presidential waivers.
Sec. 652. Authority to facilitate reconstruction.
Chapter 5--Historic Preservation Fund
Sec. 661. Historic Preservation Fund.
Chapter 6--Mitigation Measures
Sec. 671. Mitigation measures.
TITLE VII--JOBS RETURN AND REPOPULATION INCENTIVES
Sec. 700. Amendment of 1986 Code.
Subtitle A--Emergency Tax Relief Measures
Sec. 700A. Hurricane Katrina Disaster Area.
Chapter 1--Penalty Free Use of Retirement Funds by Natural Disaster
Victims
Sec. 701. Penalty Free Withdrawals From Retirement Plans for Victims of
Federally Declared Natural Disasters.
Sec. 702. Income averaging for disaster-relief distributions related to
Hurricane Katrina.
Sec. 703. Recontributions of withdrawals for home purchases cancelled
due to Hurricane Katrina.
Sec. 704. Loans from qualified plans to victims of Hurricane Katrina.
Sec. 705. Provisions relating to plan amendments.
Chapter 2--Employment Relief
Sec. 706. Work Opportunity Tax Credit for Hurricane Katrina Employees.
Sec. 707. Employee retention credit for employers affected by Hurricane
Katrina.
Chapter 3--Charitable Giving Incentives
Sec. 711. Temporary Suspension of Limitations on Charitable
Contributions.
Sec. 712. Charitable deduction for contributions of food inventories.
Sec. 713. Charitable deduction for contributions of book inventories.
Sec. 714. Additional exemption for housing Hurricane Katrina displaced
individuals.
Sec. 715. Increase in standard mileage rate for charitable use of
passenger automobile.
Sec. 716. Mileage reimbursements to charitable volunteers excluded from
gross income.
Chapter 4--Additional Tax Relief Provisions
Sec. 721. Exclusions of Certain Cancellations of Indebtedness for
Victims of Hurricane Katrina.
Sec. 722. Suspension of certain limitations on personal casualty
losses.
Sec. 723. Required exercise of authority under section 7508a for tax
relief for victims of Hurricane Katrina.
Sec. 724. Special mortgage financing rules for residences located in
Hurricane Katrina Disaster Area.
Sec. 725. Extension of replacement period for nonrecognition of gain
for property located in Hurricane Katrina
Disaster Area.
Sec. 726. Special rule for determining earned income.
Sec. 727. Secretarial authority to make adjustments regarding taxpayer
and dependency status.
Chapter 5--Emergency Requirement
Sec. 731. Emergency Requirement.
Subtitle II--Additional Tax Incentives
Sec. 741. Tax benefits for the major disaster area damaged in Hurricane
Katrina.
Sec. 742. Premiums for mortgage insurance.
Sec. 743. Suspension of air transportation excise taxes.
Sec. 744. Relocation tax credit for victims of Hurricane Katrina.
Sec. 745. 50-percent income tax holiday.
Sec. 746. Hurricane Katrina disaster zone restoration tax credit.
Sec. 747. 5-year carryback of net operating losses and temporary
suspension of 90 percent AMT limit for
businesses in Hurricane Katrina disaster
zone.
Sec. 748. Allowance of income tax credit to small businesses whose
operations were significantly interrupted
by Hurricane Katrina.
Sec. 749. Home purchase by victims of Hurricane Katrina.
Sec. 750. Expedited refund claims.
Sec. 751. Application of new market tax credit to investments in
community development entities serving
areas affected by Hurricane Katrina.
Sec. 752. Modifications to low-income housing credit.
Sec. 753. Estate tax relief for Hurricane Katrina vicitms.
Sec. 754. Issuance of Gulf Opportunity Bonds.
TITLE VIII--LAW ENFORCEMENT IMPROVEMENTS
Sec. 801. Definition of units of local government.
Sec. 802. Special Inspector General for Relief and Reconstruction.
Sec. 803. General Accountability Office report.
Sec. 804. Creating Federal crime of interfering with Federal disaster
relief efforts.
Sec. 805. Penalties for fraud.
Sec. 806. Protecting of volunteers.
Sec. 807. Leave transfer program in disasters and emergencies.
SEC. 3. TREATMENT OF AMOUNTS APPROPRIATED UNDER THIS ACT.
(a) Emergency Designation.--Each amount provided in this Act is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress).
(b) Supplement, Not Supplant, Other Funds or Assistance.--All
amounts appropriated under this Act shall supplement, and not supplant,
amounts appropriated or made available for relief or assistance
relating to Hurricane Katrina with respect to the State of Louisiana
under any other provision of law.
(c) No Reduction for Cost Reimbursement.--Except as otherwise
provided in this Act, none of the funds appropriated under this Act may
be reduced as a result of cost reimbursement authorized under any
section of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(d) No Requirment for State Match or Contribution.--With respect to
any funds appropriated under this Act to a program that would otherwise
require a State matching payment or contribution (in cash or in kind),
the requirement of such payment or contribution shall be waived.
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2005, namely:
Subtitle A--Department of Defense--Military
MILITARY PERSONNEL
For an additional amount for ``Military Personnel'', $82,500,000 to
fund the increase in the family separation allowance payable under
section 427 of title 37, United States Code: Provided, That the
Secretary of Defense may allocate amounts available to the accounts of
the appropriate branches of the Armed Forces, as determined by the
Secretary.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$15,000,000 for emergency Hurricane Katrina expenses in Louisiana, to
remain available until September 30, 2006: Provided, That the amount
provided herein is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress).
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$400,000,000 for emergency Hurricane Katrina expenses in Louisiana, to
remain available until September 30, 2006: Provided, That of the amount
provided under this heading, $70,000,000 shall be available for SPAWAR
Systems Center New Orleans, not to exceed $50,000,000 of which shall be
available to repair and reestablish the capabilities, facilities,
missions, functions, and equipment of the center, including support,
maintenance, operation, and management support activities and
enterprise information technology integration of existing legacy and
developing Navy Department of Defense manpower, personnel, and training
functions, and $20,000,000 of which shall be available for the
evacuation, safe haven, and temporary relocation of Federal contractor
personnel and related equipment and telecommuting expenses: Provided
further, That the Secretary of the Navy and the Secretary of Defense
shall co-locate the Naval Standard Integrated Personnel System and
Defense Integrated Management Human Resources System program managers
with the Defense Integrated Management Human Resources System program
office and development staff at the SPAWAR Systems Center New Orleans,
and shall establish the center as a central design activity for the
development, production, and maintenance of all manpower, personnel,
training, and education programs of the Navy: Provided further, That
the amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $10,000,000 for emergency Hurricane Katrina expenses in
Louisiana, to remain available until September 30, 2006: Provided, That
the amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $50,000,000 for emergency Hurricane Katrina expenses in
Louisiana, to remain available until September 30, 2006: Provided, That
the amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $2,500,000 for emergency Hurricane Katrina expenses in
Louisiana, to remain available until September 30, 2006: Provided, That
the amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $75,000,000 for emergency Hurricane Katrina expenses in
Louisiana, to remain available until September 30, 2006: Provided, That
the amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $10,000,000 for emergency Hurricane Katrina expenses in
Louisiana, to remain available until September 30, 2006: Provided, That
the amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $100,000,000 for emergency Hurricane Katrina expenses
in Louisiana, to remain available until September 30, 2006: Provided,
That the amount provided herein is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $100,000,000 for emergency Hurricane Katrina expenses
in Louisiana, to remain available until September 30, 2006: Provided,
That the amount provided herein is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
PROCUREMENT
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$50,000,000 for emergency Hurricane Katrina expenses of Army units
stationed in Louisiana and Louisiana Army National Guard units, to
remain available until September 30, 2007: Provided, That the amount
provided herein is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress).
Shipbuilding and Conversion, Navy
For an additional amount for ``Shipbuilding and Conversion, Navy'',
$5,000,000 for emergency Hurricane Katrina expenses in Louisiana, to
remain available until September 30, 2007: Provided, That all of such
funds shall be made available for Navy shipbuilding activities in
Louisiana: Provided further, That the amount provided herein is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress).
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$117,400,000 for emergency Hurricane Katrina expenses of Air Force
units stationed in Louisiana and Louisiana Air National Guard units, to
remain available until September 30, 2007: Provided, That of the amount
provided under this heading, $17,400,000 shall be available for the
Louisiana Air National Guard for the procurement of Mobile Air Approach
Control Systems for Air National Guard units: Provided further, That
the amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$250,000,000 for emergency Hurricane Katrina expenses in Louisiana, to
remain available until September 30, 2007: Provided, That the amount
provided herein is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress).
National Guard and Reserve Equipment
For an additional amount for ``National Guard and Reserve
Equipment'', $125,000,000 for emergency Hurricane Katrina expenses of
the Louisiana National Guard and Reserve, to remain available until
September 30, 2007: Provided, That the amount provided herein is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress).
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$4,000,000 for emergency Hurricane Katrina expenses in Louisiana, to
remain available until expended: Provided, That the amount provided
herein is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress).
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'', $5,000,000
for emergency Hurricane Katrina expenses in Louisiana, to remain
available until expended: Provided, That the amount provided herein is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress).
GENERAL PROVISIONS
Sec. 101. Availability of Certain Funds.--The amounts appropriated
by this subtitle under the heading ``OPERATION AND MAINTENANCE'' shall
be available for the construction of temporary or permanent public
works, installations, and military, unaccompanied, or other family
housing (and related facilities), including land acquisition related
thereto, needed for response to or recovery from the effects of
Hurricane Katrina, including the housing of servicemembers, their
families, and other individuals displaced by Hurricane Katrina.
Sec. 102. Applicability of Certain Provisions.--Members of the
National Guard who have been activated in support of Hurricane Katrina
relief and reconstruction efforts shall, for the duration of their
service in support of such efforts, be treated as individuals eligible
for benefits under the following provisions of this Act:
(1) Subtitle B of title IV, related to education
assistance.
(2) Subtitle C of title IV, related to small business
recovery.
(3) Title VIII, related to tax relief.
Sec. 103 Credit Toward National Guard and Reserve Mobilization
Requirement.--Members of the National Guard and Reserves who are
activated in support of Hurricane Katrina relief and reconstruction
efforts shall receive credit for the duration of their service in
support of such efforts for the purposes of the mobilization
requirement under the 6-year deployment cycle policy of the Army
National Guard, the Air National Guard, and the Army Reserve.
Sec. 104. Temporary Increase in Family Separation Allowance for
Members of the Uniformed Services.--
(a) Temporary Increase.--
(1) Increase.--Section 427(a) of title 37, United States
Code, is amended by striking ``$100'' and inserting ``$350''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on August 29, 2005, and shall apply with
respect to months beginning on or after August 1, 2005.
(3) Termination.--Effective September 30, 2007, section
427(a) of title 37, United States Code, is amended by striking
``$350'' and inserting ``$250''.
(b) Conforming Amendments.--Effective as of the date of the
enactment of this Act, the following provisions of law are repealed:
(1) Subsection (e) of section 427 of title 37, United
States Code.
(2) Paragraph (2) of section 623(b) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 1955).
Sec. 105. Congressional Oversight.--The Secretary of Defense shall,
not later than 90 days after the date of the enactment of this Act and
every 90 days thereafter, submit to the Committees on Appropriations of
the Senate and the House of Representatives reports detailing the
allocation and obligation of all funds provided under this subtitle.
Subtitle B--Military Construction
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$20,000,000 for emergency Hurricane Katrina expenses in Louisiana, to
remain available until September 30, 2010: Provided, That the amount
provided herein is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress).
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $5,000,000 for emergency Hurricane Katrina expenses in
Louisiana, to remain available until September 30, 2010: Provided, That
the amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$3,000,000 for emergency Hurricane Katrina expenses in Louisiana,
including the repair and reconstruction of damaged Air Force Reserve
facilities, to remain available until September 30, 2010: Provided,
That the amount provided herein is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
wide'', $160,000,000 for emergency Hurricane Katrina expenses in
Louisiana, to remain available until September 30, 2010: Provided, That
the funding shall be made available to the City of New Orleans to
implement the 2005 recommendations of the Defense Base Closure and
Realignment Commission related to the Federal city development in
Algiers, Louisiana: Provided further, That the amount provided herein
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress).
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $125,000,000 for emergency Hurricane Katrina expenses in
Louisiana, to remain available until September 30, 2010: Provided, That
the amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Military Construction, Naval Reserve
For an additional amount for ``Military Construction, Naval
Reserve'', $250,000,000 for emergency Hurricane Katrina expenses in
Louisiana, to remain available until September 30, 2010: Provided, That
the amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Military Construction, Air National Guard
For an additional amount for ``Military Construction, Air National
Guard'', $125,000,000 for emergency Hurricane Katrina expenses in
Louisiana, to remain available until September 30, 2010: Provided, That
the amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Family Housing Construction, Navy and Marine Corps
For an additional amount for ``Family Housing Construction, Navy
and Marine Corps'', $20,000,000 to repair damage to Navy, Naval
Reserve, Marine Corps, and Marine Corps Reserve housing and related
facilities in Louisiana sustained as a result of Hurricane Katrina, to
remain available until September 30, 2010: Provided, That the amount
provided herein is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress).
Family Housing Construction, Air Force
For an additional amount for ``Family Housing Construction, Air
Force'', $20,000,000 to repair damage to Air Force, Air National Guard,
and Air Reserve housing and related facilities in Louisiana sustained
as a result of Hurricane Katrina, to remain available until September
30, 2010: Provided, That the amount provided herein is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
Family Housing Construction, Defense-Wide
For an additional amount for ``Family Housing Construction,
Defense-wide'', $20,000,000 for emergency Hurricane Katrina expenses in
Louisiana, to remain available until expended: Provided, That the
amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
General Provisions
land conveyance, naval support activity (east bank), new orleans.
Sec. 101. (a) Conveyance Authorized.--The Secretary of the Navy
shall convey to the City of New Orleans, Louisiana, or the Port of New
Orleans, Louisiana (in this section referred to as the ``City'' and
``Port Authority'', respectively), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements and facilities thereon, consisting of all acreage at the
Naval Support Activity (east bank of the Mississippi River), New
Orleans, Louisiana, for the purpose of facilitating the development and
expansion of the City or Port Authority.
(b) Description of Real Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The
Secretary shall be responsible for the cost of the survey.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
Sec. 102. Congressional Oversight.--The Secretary of Defense shall,
not later than 90 days after the date of the enactment of this Act and
every 90 days thereafter, submit to the Committees on Appropriations of
the Senate and the House of Representatives reports detailing the
allocation and obligation of all military construction and family
housing funds provided under this subtitle.
Subtitle C--Department of Veterans Affairs
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'', $1,000,000,000
for increased medical services due to Hurricane Katrina, to remain
available until expended: Provided, That the Secretary of Veterans
Affairs may transfer the funds herein to subaccounts in the Veterans
Health Administration and Departmental Administration accounts for
costs incurred for evacuation, emergency repairs, reconstructional
repair efforts, medical services, administrative services, and general
operating costs: Provided further, That upon a determination that all
or part of the funds so transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
Secretary of Veterans Affairs shall submit a report no later than 30
days after the end of each fiscal quarter to the Congressional Veterans
Committees summarizing the details of the transfer of funds.
Departmental Administration
construction, major projects
For an additional amount for major construction projects,
$500,000,000 for the reconstruction/repair of the New Orleans Regional
VA Hospital.**
general provisions
Sec. 106. Health Care and Services for Veterans Affected by
Hurricane Katrina.
(a) Definitions.--In this section:
(1) The term ``close proximity'', means not more than 30
miles from the residence of the veteran.
(2) The term ``priority 8 veteran affected by Hurricane
Katrina'' means any veteran affected by Hurricane Katrina who,
as of August 29, 2005, would have been treated as a veteran
covered by paragraph (8) of section 1705(a) of title 38, United
States Code, for purposes of enrollment in the system of annual
patient enrollment of the Department of Veterans Affairs under
such section.
(3) The term ``specialized medical care'' means any medical
care for a veteran that is not offered at a Department of
Veterans Affairs facility in close proximity.
(4) The term ``veteran affected by Hurricane Katrina''
means any veteran who, as of August 29, 2005, resided in the
catchment region of the Department of Veterans Affairs medical
center in New Orleans, Louisiana.
(b) Requirement for Hospital Care and Medical Services for Priority
8 Veterans Affected by Hurricane Katrina.--
(1) Requirement.--The Secretary of Veterans Affairs shall
furnish hospital care and medical services which the Secretary
determines to be needed to each priority 8 veteran affected by
Hurricane Katrina as if such veteran were a veteran described
by section 1710(a)(2) of title 38, United States Code.
(2) Enhanced enrollment priority.--For purposes of
furnishing hospital care and medical services under paragraph
(1), the Secretary shall deem each priority 8 veteran affected
by Hurricane Katrina, upon the date of presentation of such
veteran to the Department of Veterans Affairs for such care and
services, to have enrolled in the system of annual patient
enrollment of the Department under section 1705(a) of title 38,
United States Code, on the first day of the current year of
such system in which such date falls.
(c) Prohibition on Collection of Copayments for Veterans Affected
by Hurricane Katrina.--In furnishing hospital care and medical services
to any veteran affected by Hurricane Katrina, the Secretary shall not
collect from or with respect to such veteran any payment for such care
and services otherwise required under any provision of law, including
any copayment for medications otherwise required under section 1722A of
title 38, United States Code.
(d) Specialized medical care.--Notwithstanding any other law, any
veteran affected by Hurricane Katrina may receive specialized medical
care from a Department of Veterans Affairs medical facility that is not
in close proximity to the residence of the veteran.
(e) Sunset provisions.--
(1) Enhanced enrollment and copayment waiver.--Subsections
(b) and (c) shall be effective during the 6-month period
beginning on the date of enactment of this Act.
(2) Specialized medical care.--Subsection (d) shall be
effective during the 1-year period beginning on the date of
enactment of this Act.
Subtitle D--Department of Commerce
National Oceanic and Atmospheric Administration
fisheries disaster assistance
In addition to amounts appropriated or otherwise made available for
such purpose, $150,000,000, to remain available until expended, for a
direct, lump-sum grant to the Louisiana Department of Wildlife and
Fisheries for direct grants to Louisiana harvesters and vessel owners
to provide replacement of the dockside values for all fishery resources
in fisheries impacted by Hurricane Katrina: Provided, That the
Secretary of Commerce shall make such amount available to the Louisiana
Department of Wildlife and Fisheries not more than 30 days after the
date of enactment of this Act and may not expend more than 2 percent of
such amount for administration, technical assistance, and operation
related to such grant.
menhaden fisheries recovery
In addition to amounts appropriated or otherwise made available for
such purpose, $14,000,000, to remain available until expended, for a
direct, lump-sum grant to the Louisiana Department of Wildlife and
Fisheries for direct grants to Louisiana harvesters and vessel owners
to provide replacement for the dockside values for the menhaden
fisheries impacted by Hurricane Katrina.
louisiana oyster recovery
In addition to amounts appropriated or otherwise made available for
such purpose, $90,000,000, to remain available until expended, for a
direct, lump-sum grant to the Louisiana Oyster Task Force for the
complete rehabilitation of public and private oyster reefs under the
jurisdiction of Louisiana that were impacted by Hurricane Katrina:
Provided, That of such amount, $250,000 shall be made available for
oyster hatcheries in Louisiana: Provided further, That of such amount
$8,000,000 shall be made available for oyster lease resurveying and
oyster lease boundaries and for oyster lease equipment and facilities.
fisheries infrastructure recovery
In addition to amounts appropriated or otherwise made available for
such purpose, $150,000,000, to remain available until expended, to for
the establishment of strategically located emergency fisheries
infrastructure facilities to provide the dockside infrastructure
required for the delivery of fish products to market in all fisheries
impacted by Hurricane Katrina.
louisiana marine research recovery
In addition to amounts appropriated or otherwise made available for
such purpose, $14,000,000, to remain available until expended, for a
direct, lump-sum grant to the Louisiana Department of Wildlife and
Fisheries for the replacement of coastal and marine research facilities
impacted by Hurricane Katrina.
seafood marketing
In addition to amounts appropriated or otherwise made available for
such purpose, $35,000,000, to remain available until expended, for a
direct, lump-sum grant to the Louisiana Seafood Promotion and Marketing
Board to rebuild markets for seafood products in fisheries impacted in
Hurricane Katrina.
louisiana license renewal
In addition to amounts appropriated or otherwise made available for
such purpose, $14,000,000, to remain available until expended, for a
direct, lump-sum grant to the Louisiana Department of Wildlife and
Fisheries to provide license renewal fees for commercial or
recreational fishing license holders and to provide oyster lease rent
or renewal fees.
fisheries habitat
In addition to amounts appropriated or otherwise made available for
such purpose, $5,000,000, to remain available until expended, to
restore and rehabilitate marsh, nursery habitat for fish, shrimp, and
crabs in Louisiana.
severe weather forecasting and warning
In addition to amount appropriated or otherwise made available for
such purpose, $4,000,000, to remain available until expended, for the
National Weather Service to ensure continued weather forecasting
services in areas that could be impacted by hurricanes and other severe
coastal weather events, including floods: Provided, That such funds
should be made available to the South Regional Weather Center for
hurricane forecasting and data delivery during an emergency.
louisiana state university hurricane center
In addition to amount appropriated or otherwise made available for
such purpose, $5,000,000, to remain available until expended, to
implement an emergency response decision support system and expert
guidance that is capable of rapid deployment to support emergency
response and recovery activities, including scalable hurricane response
capabilities, in-place resources and readiness, integrated modeling and
information delivery systems, pre-defined inventories of domain experts
and resources, and an infrastructure that my be adopted in all regions
of the Eastern United States that are impacted hurricanes and the
Caribbean region. Such system shall be integrated with Federal and
State response planning and shall be developed in cooperation with
universities in Louisiana.
waiver of federal fisheries laws and regulations
The Secretary of Commerce shall waive the provisions of any Federal
law or regulation that requires the protection of endangered or
otherwise protected species in the immediate waters impacted by
Hurricane Katrina. Such waiver shall be effective for a 1-year period
beginning on a date determined by the Secretary, in consultation with
the head of the Louisiana Department of Wildlife and Fisheries.
emergency designation
The amounts provided in this subtitle are designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
Subtitle E--Department of Homeland Security
general provisions
Sec. 111. Payment of Base Wages.--Notwithstanding any provision of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the President shall pay the base wages and
overtime wages for any employee of a parish of the State of Louisiana
for any activity carried out under a recovery effort relating to
Hurricane Katrina or a related condition.
Sec. 112. Immediate Disaster Relief Funding.--
(a) Emergency Management Performance Grants.--
(1) In general.--In addition to amounts available as of the
date of enactment of this Act for the emergency management
performance grant program of the Department of Homeland
Security, notwithstanding any other provision of law, not later
than 30 days after the date of enactment of this Act, out of
any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary of
Homeland Security, to provide increased amounts to States under
that program for use in responding to a major disaster relating
to Hurricane Katrina declared by the President on August 29,
2005, in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170),
$91,200,000, to remain available until expended: Provided, That
such amounts are used for construction of an Emergency
Operations Center to provide immediate command centers and
communication after a disaster or emergency event in each of
the following parishes, each of which shall receive $4,800,000
from such amounts: Jefferson, St. Tammany, Washington,
Tangipahoa, Livingston, St. Bernard, Plaquemine, Lafourche,
Terrebonne, St. Mary, St. Martin, Lafayette, Calcasieu,
Cameron, Vermillion. St. Charles, St. John, Iberia, and
Ascension.
(2) Receipt and acceptance.--The Secretary of Homeland
Security shall be entitled to receive, shall accept, and shall
use to carry out this subsection the funds transferred under
paragraph (1), without further appropriation.
(b) Urban Search and Rescue and Natural Disaster Medical Systems.--
(1) In general.--In addition to amounts available as of the
date of enactment of this Act for urban search and rescue
systems, and natural disaster medical systems, of the Federal
Emergency Management Agency, notwithstanding any other
provision of law, not later than 30 days after the date of
enactment of this Act, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary of Homeland Security, to provide
increased amounts for those teams for use in responding to a
major disaster relating to Hurricane Katrina declared by the
President on August 29, 2005, in accordance with section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170), $2,500,000, to remain available until
expended. Provided, That up to $1,000,000,000 may be
transferred to and merged with ``Emergency Preparedness and
Response, Public Health Programs'' for the National Disaster
Medical System to support medical care as authorized by section
2811 of the Public Health Service Act (42 U.S.C. 300hh-11):
Provided further, That $15,000,000 shall be transferred to and
merged with ``Departmental Management and Operations, Office of
Inspector General'' for necessary expenses of the Office of
Inspector General for audits and investigations as authorized
by law for Hurricane Katrina response and recovery activities:
Provided further, That the amounts provided herein are
designated as an emergency requirement pursuant to section 402
of H. Con. Res. 95 (109th Congress).
(2) Receipt and acceptance.--The Secretary of Homeland
Security shall be entitled to receive, shall accept, and shall
use to carry out this subsection the funds transferred under
paragraph (1), without further appropriation.
Sec. 113. Assistance to Firefighters.--$250,000,000 for assistance
to firefighters for hurricane related expenses, available until
expended.
Sec. 114. (a) Community Disaster Loans.--Notwithstanding any other
provision of law, no limitation on the amount or percentage of
assistance that may be provided in the form of a community disaster
loan under section 417(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5184(b)) shall apply to any
community disaster loan made under section 417 of that Act to assist
any local government in which a major disaster relating to Hurricane
Katrina was declared to exist by the President on August 29, 2005, in
accordance with section 401 of that Act (42 U.S.C. 5170).
(b) Allocation.--Of funds appropriated for community disaster loans
in fiscal year 2006 under section 417(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184(b)), not
less than--
(1) $450,000,000 shall be used for loans to local
governments located in Orleans Parish, Louisiana;
(2) $250,000,000 shall be used for loans to local
governments located in Jefferson Parish, Louisiana;
(3) $300,000,000 shall be used for loans to local
governments located in St. Bernard Parish, Louisiana; and
(4) $25,000,000 shall be used for loans to local
governments located in Plaquemines Parish, Louisiana.
(5) $9,000,000 shall be used for loans to local government
in St. Tammany Parish, Louisian.
(c) Definition.--In this section, the term ``local government''
means any local government, as that term is defined in section 102(6)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122(6)), that has suffered a loss of tax or other revenue.
Subtitle F--Department of Health and Human Services
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For an additional amount to the Louisiana Department of Health and
Hospitals, Office of Mental Health for carrying out titles V and XIX of
the Public Health Service Act with respect to substance abuse and
mental health services in Louisiana, $400,000,000 for emergency
hurricane expenses, to remain available until September 30, 2006:
Provided, That from such amount, $100,000,000 shall be made available
for psychological trauma response early intervention, prevention, and
disorder treatment by culturally competent counselors and mental health
professionals for children who are 0 to 5 years of age: Provided
further, That from such amount, $100,000,000 shall be made available to
provide funds in consultation with the Louisiana Department of
Education for the assessment, response, and treatment of the mental
health needs of school age children with services to be provided by
culturally competent counselors and mental health professionals:
Provided further, That from such amount, $100,000,000 shall be made
available to increase funding for psychological trauma response early
intervention, prevention, and disorder treatment and suicide prevention
by culturally competent counselors and mental health professionals:
Provided further, That from such amount, $100,000,000 shall be made
available to be kept separate and apart from mental health funds
allocated to the Louisiana State agency for substance abuse for
substance abuse assessment, early intervention, prevention, and
treatment.
Centers for Disease Control and Prevention
disease control, research, and training
For an additional amount for the Centers for Disease Control and
Prevention, $300,000,000, to remain available until September 30, 2006:
Provided, That from such amount, $50,000,000 shall be made available to
the Environmental Health Lab/Bio Monitoring Fund for evacuees, rescue
workers, and others: Provided further, That from such amount,
$50,000,000 shall be made available to the Environmental Health
Tracking Network for ongoing public health tracking and registries as a
result of Hurricane Katrina: Provided further, That from such amount,
$100,000,000 shall be made available for Public Health Improvement to
rebuild the Louisiana public health infrastructure affected by
Hurricane Katrina: Provided further, That $100,000,000 shall be made
available to carry out mosquito abatement activities under section 317S
of the Public Health Service Act for States affected by Hurricane
Katrina.
Administration for Children and Families
low income home energy assistance
For an additional amount for making payments under title XXVI of
the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8621 et seq.),
$36,000,000, which shall be made available for payments to Louisiana,
and which shall be made available for obligation in fiscal year 2005
and remain available until expended.
social services block grant
For an additional amount for making grants to the State of
Louisiana pursuant to section 2002 of the Social Security Act,
$13,000,000, which shall be made available for obligation in fiscal
year 2006.
children and families services programs
For an additional amount for making payments to the State of
Lousiana for carrying out the provisions of subpart 1 of part B of
title IV of the Social Security Act, $11,000,000. Such payments shall
be used for the purpose of providing family reunification and family
support services for children who reside or resided in the State of
Louisiana in an area in which a major disaster relating to Hurricane
Katrina was declared by the President under section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), including such children who are receiving foster care
maintenance payments under section 472 of the Social Security Act (42
U.S.C. 672), adoption assistance payments under section 473 of such Act
(42 U.S.C. 673), or are determined by the State to be otherwise in need
of child welfare services.
For an additional amount for making payments to the State of
Louisiana to carry out the John H. Chafee Foster Care Independence
Program pursuant to section 477 of the Social Security Act, $1,358,000,
which shall be made available for obligation in fiscal year 2006:
promoting safe and stable families
For an additional amount for making payments to the State of
Louisiana for carrying out the provisions of subpart 2 of part B of
title IV of the Social Security Act, $26,000,000.
Office of the Secretary
public health and social services emergency fund
For emergency and other services, $1,000,000,000 to be made
available by the Secretary of Health and Human Services to provide
funds to the Louisiana Department of Health and Hospitals, to remain
available until December 31, 2006: Provided, That such funds shall not
have any affect on any funding available from the Federal Emergency
Management Agency to Louisiana: Provided further, That from such
amount, $500,000,000 shall be made available to be used, in
consultation with the Department of Health and Human Services, for
emergency grants and reimbursements awarded by the Louisiana Department
of Health and Hospitals for health care suppliers and providers that
incurred healthcare-related expenses or lost revenues as a result of
their response to the public health emergency resulting from Hurricane
Katrina, including funding for additional medical personnel, hospital
equipment, community health centers, social services, disabled or
elderly care, and emergency rooms: Provided further, That from such
amount, $500,000,000 shall be made available to be used, in
consultation with the Department of Health and Human Services, for
grants for the funding of activities for immediate emergency needs,
including rebuilding, repairing, and restoration of healthcare
infrastructures, including offices, clinics, community health centers,
and hospitals, with a priority given to requests involving those
hospitals that maintained operations through Hurricane Katrina and are
still in operation as of the date of enactment of this Act and with
special consideration given to requests relating to the immediate
emergency needs of hospitals, physicians' offices, community health
centers, and clinics, in that order.
child care and development block grant act
For an additional amount for making payments to the State of
Louisiana to carry out activities authorized under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) for
individuals impacted by Hurricane Katrina, $100,000,000, to remain
available until expended.
Subtitle G--Department of Housing and Urban Development
PUBLIC AND INDIAN HOUSING
tenant-based rental assistance
For an additional amount for ``Tenant-Based Rental Assistance'' for
annual contributions contracts for tenant-based assistance under
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
for use only for assistance for families displaced as a result of
Hurricane Katrina, $3,500,000,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, the entire
amount provided herein shall be available immediately and shall not be
subject to apportionment for the purpose of chapter 15 of title 31,
United States Code: Provided further, That the amount provided herein
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress).
COMMUNITY PLANNING AND DEVELOPMENT
community development fund
For an additional amount for ``Community Development Fund'' for
activities authorized under title I of the Housing and Community
Development Act of 1974, for use only for disaster relief, long-term
recovery, and mitigation in communities affected by Hurricane Katrina,
except those activities reimbursable by the Federal Emergency
Management Agency or available through the Small Business
Administration, and for reimbursement for expenditures incurred from
the regular Community Development Block Grant formula allocation used
to achieve these same purposes, $50,000,000,000, to remain available
until expended: Provided, That of the amount provided under this
heading, the Secretary of Housing and Urban Development may use up to
$5,000,000,000 under the HOME Investment Partnerships Program for
assistance under title II of the Cranston-Gonzalez National Affordable
Housing Act in areas affected by Hurricane Katrina: Provided further,
That of the amount provided under this heading, the Secretary of
Housing and Urban Development may use up to $5,000,000,000 under the
HOPE VI program in areas affected by Hurricane Katrina: Provided
further, That the amount provided herein is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress): Provided further, for expenses to assist businesses in
Louisiana during recovery from and reconstruction of facilities damaged
by Hurricane Katrina, for ``Louisiana Business Redevelopment Fund'',
$10,000,000,000, to remain available until expended: Provided, That the
State of Louisiana in conjunction with local authorities in the
additional disaster parishes, shall: (1) establish a Bayou State
Redevelopment Corporation (``the corporation''); (2) distribute the
funds provided for the ``Louisiana Business Redevelopment Fund''
through the Bayou State Redevelopment Corporation; (3) within 90 days
of the date of enactment of this Act, issue the initial criteria and
requirements necessary to accept applications from individuals,
nonprofits, and small businesses for economic losses from the August
28, 2005, impact of Hurricane Katrina; and (4) begin processing such
applications: Provided further, That the corporation shall
expeditiously respond to any application from an individual, nonprofit,
or small business for economic losses under this heading: Provided
further, That of the total amount made available for the ``Louisiana
Business Redevelopment Fund'', no less than $750,000,000 shall be made
available for individuals, nonprofits, or small businesses described,
with a limit of $750,000 per small business for economic losses:
Provided further, That amounts made available in the previous proviso
shall only be available for individuals, nonprofits, or small
businesses located in communities within the State of Louisiana
designated by the President as a major disaster under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, in connection
with Hurricane Katrina: Provided further, That, of the amount provided
in this paragraph, $1,000,000,000 shall be used for a program to aid
the travel and tourism industry.
HOUSING PROGRAMS
mortgage relief
For mortgage relief for individuals affected by Hurricane Katrina,
$5,000,000,000, to remain available until March 30, 2007: Provided,
That the Secretary of Housing and Urban Development shall consult with
the Administrator of the Small Business Administration prior to issuing
such funds to an individual: Provided further, That the amount provided
herein is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress).
Subtitle H--Department of Transportation
transportation programs
For an additional amount for necessary expenses to carry out the
projects and activities described in title V--
(1) $7,000,000,000 shall be available to the Louisiana
Department of Transportation and Development for construction,
maintenance, and repair of evacuation and energy supply routes
in the State of Louisiana;
(2) $5,000,000,000 shall be available to the Louisiana
Department of Transportation and Development for expansion of
road and transit capacity;
(3) $1,000,000,000 shall be available to the Port of New
Orleans, Louisiana, for restoration, protection, and
improvement of infrastructure;
(4) $1,000,000,000 shall be available to the Louisiana
Department of Transportation and Development to provide grants
for restoration, protection, and improvement of infrastructure
to ports other than the Port of New Orleans;
(5) $71,800,000 shall be available to the Federal Aviation
Administration for reimbursements to the Louis Armstrong New
Orleans International Airport;
(6) $7,000,000, to remain available until expended, shall
be available to carry out section 48101(c) of title 49, United
States Code;
(7) $2,900,000,000 shall be available for the emergency
relief program of the Department of Transportation under
section 125 of title 23, United States Code;
(8) $20,000,000 shall be available for the establishment
and implementation of comprehensive development plans for
development districts in the State of Louisiana;
(9) $36,000,000 shall be available to the Federal Railroad
Administration for reimbursements to the New Orleans Public
Belt Railroad for anticipated revenue shortfalls due to
Hurricane Katrina;
(10) $190,000,000 shall be available to the New Orleans
Regional Transit Authority for revenues lost as a consequence
of Hurricane Katrina; and
(11) $150,000,000 shall be available to the Maritime
Administration of the Department of Transportation for the cost
of guaranteed loans.
The amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany H. Con. Res. 95 (109th Congress).
Subtitle I--Department of Energy
energy conservation
For an additional amount for necessary expenses in carrying out the
weatherization program established under part A of title IV of the
Energy Conservation and Production Act (42 U.S.C. 6861 et seq.),
$11,000,000, which shall be made available for such expenses in
Louisiana, and shall remain available until expended.
Subtitle J--Department of Education
Teacher Incentive Fund
For an additional amount for a teacher incentive fund, $750,000,000
to remain available until expended: Provided That such funds shall be
made available to the Louisiana Department of Education, to create a
teacher incentive fund to provide assistance to all teachers who were
employed on August 29, 2005, in Louisiana and affected by Hurricane
Katrina, as directed by the Louisiana Department of Education, which
funds shall remain available to the Louisiana Department of Education
until expended: Provided further, That the amount of any such funds to
be provided to a teacher shall be reduced by any amount the teacher
receives under section 410(a) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5177(a)), for temporary
extended unemployment compensation under subtitle E of title III, for
temporary employment, or under any other Federal program: Provided
further, That such funds shall only be made available to a teacher if
the teacher enters into a written agreement with the Louisiana
Department of Education to return to employment at the teacher's home
school in Louisiana once the return is determined appropriate by the
Louisiana Department of Education.
Project Serv
For an additional amount for Project Serv under the Safe and Drug-
Free Schools and Communities Act (20 U.S.C. 7101 et seq.) for
individuals impacted by Hurricane Katrina, $5,000,000 to remain
available until expended for Hurricane Katrina affected Louisiana
communities.
GENERAL PROVISIONS
SEC. 120. SUPPORT FOR ELEMENTARY AND SECONDARY SCHOOLS WITH A LARGE
INFLUX OF DISPLACED STUDENTS.
(a) Purpose.--It is the purpose of this section--
(1) to provide assistance to eligible local educational
agencies experiencing large increases in student enrollment due
to Hurricane Katrina;
(2) to assist private and parochial schools experiencing
large increases in student enrollment due to Hurricane Katrina.
(3) to facilitate the enrollment of students impacted by
Hurricane Katrina into elementary schools and secondary schools
served by such agencies and private and parochial schools; and
(4) to provide high quality instruction to such students.
(b) Grants Authorized.--
(1) In general.--The Secretary of Education shall award
grants to eligible local educational agencies and eligible
private schools.
(2) Eligible local educational agencies and eligible
private schools.--
(A) Child count.--Each State that has a large
influx of displaced students due to Hurricane Katrina,
as determined by the Secretary of Education, shall set
a child count date for local educational agencies in
the State that have a large influx of such students, as
determined by the State, for the purpose of determining
the total number of such students in each such agency.
(B) Definition of eligible local educational
agency.--In this section, the term ``eligible local
educational agency'' means a local educational agency--
(i) that serves, as determined in
accordance with the child count described in
subparagraph (A), not less than 30 displaced
students due to Hurricane Katrina; or
(i) that serves an elementary school or
secondary school in which not less than 3
percent of the students enrolled at the school
are displaced students due to Hurricane
Katrina, as determined in accordance with the
child count described in subparagraph (A).
(C) Definition of eligible private school.--The
term eligible private school means a private or
parochial elementary or secondary school that meets the
requirements of subparagraph (B)(i) and is a school
described in subparagraph (B)(ii).
(3) Grant amount.--An eligible local educational agency or
an eligible private school that receives a grant under this
section shall receive a grant amount that is equal to $4,000
multiplied by--
(A) in the case of an eligible local educational
agency, the number of students who enroll in elementary
schools and secondary schools served by such agency
because the students are displaced due to Hurricane
Katrina; and
(B) in the case of an eligible private school, the
number of students enrolled in the private school who
are displaced due to Hurricane Katrina.
(c) Application.--Each eligible local educational agency and
eligible private school desiring a grant under this section shall
prepare and submit an application to the Secretary of Education that
contains--
(1) an assurance that the educational programs, services,
and activities proposed under this section will be administered
by or under the supervision of the agency or the eligible
private school, respectively;
(2) an assurance that the agency or eligible private school
will coordinate the use of funds received under this section
with other funds received by the agency or the eligible private
school under the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.) and with programs described under such
Act;
(3) an assurance that funds will be used--
(A)(i) in the case of funds received by an eligible
local educational agency, to improve instruction to
students who enroll in elementary schools and secondary
schools served by such agency because the students are
displaced due to Hurricane Katrina; or
(ii) in the case of funds received by an eligible
private school, to improve instruction to students
enrolled in the school who are displaced due to
Hurricane Katrina; and
(B) to facilitate such students' transition into
schools served by the agency or eligible private
school; and
(4) such other information and assurances as the Secretary
may reasonably require.
(d) Use of Funds.--Each eligible local educational agency or
eligible private school that receives a grant under this section shall
use the grant funds to enhance instructional opportunities for students
who enroll in elementary schools and secondary schools served by such
agency or the eligible private school, respectively, because the
students are displaced due to Hurricane Katrina, which may include--
(1) basic instructional services for such students,
including tutoring, mentoring, or academic counseling;
(2) salaries of personnel, including teacher aides, to
provide instructional services to such students;
(3) identification and acquisition of curricular material,
including the costs of providing additional classroom supplies,
overhead costs, costs of construction, acquisition or rental of
space, costs of transportation, or such other costs as are
directly attributable to such instructional services for such
students;
(4) health services (including mental health services),
meals, and clothing; and
(5) such other activities, related to the purpose of this
section, as the Secretary of Education may authorize.
(e) Appropriations.--
(1) In general.--Out of any money in the Treasury not
otherwise appropriated, there are authorized to be appropriated
and there are appropriated to carry out this section such sums
as may be necessary.
(2) Emergency designation.--The amount appropriated under
this subsection is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
SEC. 121. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.
(a) Purpose.--It is the purpose of this section--
(1) to provide immediate and direct assistance to local
educational agencies and private or parochial schools in
Louisiana that serve an area in 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), related to Hurricane Katrina;
(2) to assist school district administrators and personnel
of such agencies or schools who are working to restart
operations in elementary schools and secondary schools served
by such agencies or schools; and
(3) to facilitate the reopening of elementary schools and
secondary schools served by such agencies or schools and the
enrollment of students in schools served by such agencies or
schools as soon as possible.
(b) Payments Authorized.--From amounts appropriated to carry out
this section, the Secretary of Education is authorized to make payments
to the State Departments of Education in Louisiana for use in
restarting schools located in an area in 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), related
to Hurricane Katrina.
(c) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement, not supplant, any funds made
available through the Federal Emergency Management Agency or through a
State.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $600,000,000 for fiscal year
2006.
SEC. 122. EDUCATION FOR INDIVIDUALS WITH DISABILITIES.
(a) Data for Funding Calculations.--In calculating funding under
the Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.) for the 2005-2006 school year and the 2006-2007 school year for a
State that meets the requirements of subsection (b), the Secretary of
Education shall use data from the 2004-2005 school year to determine
the number of children in such State for the purposes of--
(1) subsections (a) and (d)(3) of section 611 of the
Individuals with Disabilities Education Act (20 U.S.C. 1411 (a)
and (d)(3));
(2) section 619 of the Individuals with Disabilities
Education Act (20 U.S.C. 1419), if such State is eligible to
receive an allocation under such section; and
(3) section 643(c) of the Individuals with Disabilities Act
(20 U.S.C. 1443(c)).
(b) Sending State.--A State referred to in subsection (a) is a
State that--
(1) includes 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) related to Hurricane Katrina; and
(2) for the 2005-2006 school year or 2006-2007 school year,
has a net loss of students attending the schools located in the
State, as compared the 2004-2005 school year.
SEC. 123. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.
(a) In General.--In addition to amounts otherwise appropriated to
carry out subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11431 et seq.), and out of any money in the
Treasury not otherwise appropriated, there are appropriated $20,000,000
for the 180-day period beginning on the date of enactment of this
section to carry out education for homeless children and youths under
such subtitle for homeless children and youths affected by Hurricane
Katrina.
(b) Emergency Designation.--The amount appropriated under this
section is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress).
SEC. 124. WAIVERS OF FEDERAL STUDENT AID.
Section 484B(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1091b(b)(2)) is amended by adding at the end the following new
subparagraph:
``(D) Waivers of federal student aid.--The
Secretary may issue one-time waivers of the amounts
that students are required to return under this section
with respect to student aid awarded under this title,
if--
``(i) the students were residing in,
employed in, or attending an institution of
higher education that is located in an area--
``(I) 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); and
``(II) in which individual an
public assistance is available pursuant
to this Act; and
``(ii) the students' attendance was
interrupted because of the impact of the
disaster on the student or the institution.''.
SEC. 125. WAIVER AUTHORITY TO MODIFY AUTHORIZED USES OF TRIO, GEAR-UP,
PART A OR B OF TITLE III AND OTHER GRANTS
The Secretary is authorized to modify the required and allowable
uses of funds under chapters 1 and 2 of subpart 2 of part A of title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq., 1070a-21
et seq.), under part A or B of title III (20 U.S.C. 1057 et seq., 1060
et seq.), and under any other competitive grant program, at the request
of an institution or other grantee affected by Hurricane Katrina, with
respect to affected institutions and other grantees located in an area
which an emergency or major disaster was declared under section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act due
to the effects of Hurricane Katrina.
SEC. 126. FUND FOR EARLY CHILDHOOD CARE AND EDUCATION.
(a) Purpose.--It is the purpose of this section--
(1) to provide assistance to local communities experiencing
large influxes of preschool-aged children displaced by
Hurricane Katrina;
(2) to provide assistance to local communities in Louisiana
that are directly impacted by Hurricane Katrina; and
(3) to facilitate placement of such children in early
childhood education programs.
(b) Early Childhood Education Programs.--In this section, the term
``early childhood education program'' means a Head Start program or a
LA 1 Early Head Start program carried out under the Head Start Act (42
U.S.C. 9831 et seq.), a State licensed or regulated child care program
or school, or a State prekindergarten program that serves children from
birth through kindergarten.
(c) Grants and Subgrants Authorized.--
(1) Grants.--The Secretary of Health and Human Services
shall award grants to States demonstrating large influxes of
children and families displaced due to Hurricane Katrina.
(2) Subgrants.--
(A) In general.--A State receiving a grant under
paragraph (1) shall award subgrants to affected local
communities in the State to facilitate placement of
displaced children in existing early childhood
education programs.
(B) Affected local communities.--In this paragraph,
the term ``affected local community'' means a local
community--
(i) in a State described in subparagraph
(A) in which--
(I) there are not less than 200
pre-school aged children who are
displaced due to Hurricane Katrina; or
(II) there is a significant
percentage of the total number of
children participating in early
childhood education programs in the
community who are children who are in
the community because the children are
displaced due to Hurricane Katrina, as
determined by the Secretary of Health
and Human Services; or
(ii) in a Louisiana parish affected by
Hurricane Katrina.
(d) Applications.--Each State that desires to receive a grant under
this section shall prepare and submit an application to the Secretary
of Health and Human Services that contains--
(1) a description of the collaborative planning process
between the State agency responsible for pre-kindergarten,
State child care administrator, and Head Start Collaboration
Director to facilitate the placement of children who are
displaced due to Hurricane Katrina in early childhood education
programs;
(2) assurances that funds received under this section will
be used for the purpose described in subsection (a);
(3) a plan to coordinate funds received under this section
with existing resources available to the early childhood
education programs for similar purposes; and
(4) such other information and assurances as the Secretary
of Health and Human Services may reasonably require.
(e) Use of Subgrant Funds.--
(1) In general.--Each affected local community receiving a
subgrant under this section shall use the subgrant funds only
for--
(A) costs associated with accommodating the influx
of displaced children, including acquisition or rental
of space;
(B) costs associated with providing services to
displaced children, including related services such as
nutrition and acquisition of related materials; and
(C) costs associated with hiring additional
personnel, including teacher aides or personnel working
with families of children.
(2) Income and documentation waiver.--The Secretary of
Health and Human Services shall waive requirements of income
eligibility and documentation for children displaced by
Hurricane Katrina who participate in early childhood education
programs, such as Head Start programs and Early Head Start,
funded by subgrants awarded pursuant to this section.
(f) Appropriations.--
(1) In general.--Out of any money in the Treasury not
otherwise appropriated, there are authorized to be appropriated
and there are appropriated to carry out this section
$600,000,000 for fiscal year 2006, of which not more than .05
percent may be used for administrative expenses.
(2) Availability.--Funds appropriated under this subsection
shall remain available until expended or until the date that is
2 years after the date of enactment of this Act, whichever is
earlier.
(3) Emergency designation.--The amount appropriated under
this subsection is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
SEC. 127. IMPROVING EDUCATIONAL INFRASTRUCTURE.
(a) Purpose.--It is the purpose of this section to assist areas
impacted by Hurricane Katrina to repair, renovate, alter, or construct
facilities critical to the educational needs of students, by providing
Federal funds to assist local educational agencies, early childhood
education programs, and private or parochial kindergarden through grade
12 programs, to meet costs associated with repairing, renovating,
altering, or constructing the facilities of such entities.
(b) Grants Authorized.--The Secretary of Education shall award a
grant to the Louisiana Department of Education to enable the Louisiana
Department of Education to award subgrants to local educational
agencies, early childhood education programs, and private or parochial
kindergarden through grade 12 programs that are in an area, that is
subject to a declaration by the President of a major disaster in
accordance with section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170) related to Hurricane
Katrina and in which individual and public assistance is available
pursuant to this Act, relative to the demonstrated need for the repair,
renovation, alteration, or construction of the facilities of such
entities based on the condition of the facilities due to the impact of
Hurricane Katrina.
(c) Use of Funds.--Each local educational agency, early childhood
education program, or private or parochial kindergarden through grade
12 program receiving subgrant funds under this section shall use such
funds only to facilitate the education of students through the repair,
renovation, alteration, or construction of a public elementary school
or secondary school facility, an early childhood education facility, or
a private or parochial kindergarden through grade 12 program facility,
used for academic, vocational, or developmental instruction.
(d) Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $2,000,000,000 for fiscal year 2006, of
which not more than .05 percent may be used for administration
expenses.
(2) Availability.--Funds appropriated under subsection (a)
shall remain available until expended.
SEC. 128. POSTSECONDARY EDUCATION STABILIZATION BOARD.
(a) Appropriations.--
(1) In general.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated for the fiscal
year ending September 30, 2005, $5,000,000,000 to remain
available until expended to the Postsecondary Education
Stabilization Board, established under this section, to
establish an Education Relief Fund for the compensation of
postsecondary educational institutions for direct and
associated losses due to the impact of Hurricane Katrina and
for recovery initiatives.
(2) Emergency designation.--The amount appropriated under
paragraph (1) is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
(b) Postsecondary Educational Institution.--In this section, the
term ``postsecondary educational institution'' means--
(1) a public postsecondary institution located in
Louisiana;
(2) a private nonprofit postsecondary institution, which is
a member of the Louisiana Association of Independent Colleges
and Universities, located in Louisiana; or
(3) a private for profit postsecondary institution located
in Louisiana determined by the Postsecondary Education
Stabilization Board to be eligible for assistance under this
section.
(c) Postsecondary Education Stabilization Board.--
(1) Establishment.--There is established a Postsecondary
Education Stabilization Board composed of the Secretary of
Education (or a designee of the Secretary of Education), and
the Secretary of the Treasury (or a designee of the Secretary
of the Treasury).
(2) Duties.--The Postsecondary Education Stabilization
Board shall--
(A) establish an Education Relief Fund that
includes funds appropriated under this section; and
(B) from such Education Relief Fund provide funds
to postsecondary educational institutions for direct or
indirect losses incurred on or after August 28, 2005,
resulting from the impact of Hurricane Katrina, and
recovery initiatives of such institutions.
(d) Use of Assistance.--Assistance received by a postsecondary
educational institution pursuant to this section may be used for--
(1) direct and indirect construction costs and clean-up
costs resulting from Hurricane Katrina;
(2) faculty salaries and incentives for retaining faculty;
(3) educational programs relevant to the recovery effort;
(4) institutional initiatives designed for economic and
community revitalization and recovery;
(5) faculty recruitment costs;
(6) costs of lost tuition, revenue, and enrollment; and
(7) debt relief.
(e) Requirements for Assistance Due to Losses.--A postsecondary
educational institution that desires to receive assistance under this
section shall--
(1) submit a sworn financial statement and other
appropriate data, documentation, or other evidence requested by
the Postsecondary Education Stabilization Board, to the
Postsecondary Education Stabilization Board that indicates that
the institution incurred losses resulting from the impact of
Hurricane Katrina and the monetary amount of such losses; and
(2) demonstrate that the institution attempted to minimize
the costs of any losses by pursuing collateral source
compensation from the Federal Emergency Management Agency, the
Small Business Administration, and insurance prior to seeking
assistance under this section.
(f) Audit.--The Secretary of Education and the Comptroller General
of the United States may audit a statement submitted under subsection
(e) and may request any information that the Secretary of Education and
Comptroller General determine necessary to conduct such an audit.
(g) Reduction in Assistance.--In calculating assistance to a
postsecondary educational institution under this section, the
Postsecondary Education Stabilization Board shall calculate a figure
that reduces from the monetary amount of losses incurred by such
institution, only the amount of collateral source compensation the
institution has received from insurance, the Federal Emergency
Management Agency, and the Small Business Administration.
(h) Regulations.--Not later than 14 days after the date of
enactment of this section, the Office of Management and Budget, in
consultation with the Postsecondary Education Stabilization Board,
shall issue regulations setting forth procedures for an application for
assistance under this section and minimum requirements for receiving
assistance under this section, including the following:
(1) Online forms to be used in submitting requests for
assistance
(2) Information to be included in forms.
(3) Procedures to assist in filing and pursuing assistance.
(i) Tax Consequences.--
(1) Not income.--Any assistance received by a postsecondary
educational institution under this section shall not be treated
as income for the purposes of the Internal Revenue Code of
1986.
(2) Tax exempt.--Any Government bond issued to finance the
construction of a public or private postsecondary educational
institution shall be considered an exempt facility bond for
purposes of the Internal Revenue Code of 1986 and shall not be
subject to section 146 of such Code.
(j) Waivers.--The Secretary of Education may waive any requirements
under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) that are rendered infeasible or unreasonable due to the impact of
Hurricane Katrina, including due diligence requirements and reporting
deadlines, for an institution of higher education, eligible lender, or
other entity participating in a student assistance program under such
title that is located in, or whose operations are directly affected by,
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), related
to Hurricane Katrina.
Subtitle K--Coast Guard
For an amount for the United States Coast Guard, $10,000,000, to be
used to contract with commercial fishing vessel operators to remove
debris from the marine environment caused by Hurricane Katrina:
Provided, That the Commandant of the Coast Guard is authorized to use
the emergency and simplified acquisition procedures established under
the Homeland Security Act of 2002 to award such contracts on an
expedited basis: Provided further, That not later than 6 months after
the date of enactment of this Act, the Commandant shall submit to
Congress a report on the debris removal efforts, including the type and
amount of debris removed, the number of commercial fishing vessels
employed, the funds disbursed to carry out this subtitle, and a
comprehensive plan for further removal of any remaining marine debris.
Subtitle L--Department of the Interior
department of the interior
For an additional amount for necessary expenses to carry out the
projects and activities described in subtitle E of title IX--
(1) $8,000,000 shall be available to provide a direct,
lump-sum payment to the Louisiana Department of Wildlife and
Fisheries by not later than 30 days after the date of enactment
of this Act for direct financial assistance to alligator
farmers affected by Hurricane Katrina or a related condition;
(2) $27,000,000 shall be available to provide a direct,
lump-sum payment to the Louisiana Forestry Association by not
later than 30 days after the date of enactment of this Act for
lost timber sales revenues from the Pearl River Wildlife
Management Area resulting from Hurricane Katrina in Louisiana
or a related condition;
(3) $12,000,000 shall be available for a direct, lump-sum
payment to the Louisiana Department of Wildlife and Fisheries
by not later than 30 days after the date of enactment of this
Act for the restoration of wildlife management areas and other
assessments, research, management, and restoration activities
relating to wildlife and habitat management; and
(4) such sums as are necessary shall be available by not
later than 30 days after the date of enactment of this Act for
assessment, research, and mitigation activities of the
Louisiana Department of Wildlife and Fisheries.
The amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany H. Con. Res. 95 (109th Congress).
Subtitle M--Department of Agriculture
Rural Housing Service
rural housing insurance fund program account
For additional gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance fund,
as follows: $313,000,000 for loans to section 502 borrowers, as
determined by the Secretary, of which $60,000,000 shall be available
for direct loans, and of which $210,000,000 shall be available for
unsubsidized guaranteed loans; $3,000,000 for section 504 housing
repair loans of which $40,000,000 shall be available for section 515
rental housing and 100 percent rental assistance.
For the additional cost of direct loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: For section 502 loans, $313,000,000, of which
$60,000,000, to remain available until expended, shall be for direct
loans, and of which $210,000,000, to remain available until expended,
shall be for unsubsidized guaranteed loans of which $3,000,000 shall be
available for section 504 housing repair loans, to remain available
until expended of which $40,000,000 shall be available for section 515
loans and 100 percent rental assistance, $40,000,000, to remain
available until expended.
Provided, That such loans shall only be available for projects in
communities in the State of Louisiana designated by the President as a
major disaster area pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act in connection with Hurricane Katrina:
Provided further, That for the requirements of clause (3) of section
501(c) of the Housing Act of 1949 (relating to inability to secure
credit from other sources) shall not apply to any direct loan under
section 502 of such Act: Provided further, That any limitations under
title V of the Housing Act of 1949 that are based on the income of
families shall not apply during fiscal years 2006 through 2008 for
purposes of any guaranteed loan under section 502 of such Act that
refinances any existing direct or guaranteed loan under such section
and includes amounts for repairs with respect to any community in the
State of Louisiana designated by the President as a major disaster area
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act or to families residing in such communities: Provided
further, That under the guaranteed loan program under section 502 of
the Housing Act of 1949, the Secretary shall have authority to
refinance a loan previously financed or mortgaged, but not already
guaranteed by the Rural Housing Service, on a home with repairs within
income limit restrictions established by each individual parish within
the State of Louisiana: Provided further, That notwithstanding any
provision of section 504 of the Housing Act of 1949, the Secretary may
make loans from amounts made available under this heading for housing
in communities in the State of Louisiana designated by the President as
a major disaster area pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act in connection with Hurricane
Katrina to eligible low-income applicants, the maximum amount of such a
loan shall be $35,000, the maximum amount of a loan evidenced by a
promissory note shall be $15,000, and such loans may be made without
obtaining an appraisal in advance and shall be repayable within 30
years: Provided further, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section 402 of
H. Con. Res. 95 (109th Congress).
rural housing assistance grants
For an additional amount for Rural Housing Assistance Grants,
$4,000,000, to remain available until expended, to be used for grants
and contracts for housing repair under section 504 of the Housing Act
of 1949 (42 U.S.C. 1474): Provided, That such grants and contracts
under this heading shall only be available for projects in communities
in the State of Louisiana designated by the President as a major
disaster area pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act in connection with Hurricane Katrina: Provided
further, That notwithstanding any provision of such section 504, the
Secretary may make grants and contracts from amounts made available
under this heading for housing in communities in the State of Louisiana
designated by the President as a major disaster area pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act in
connection with Hurricane Katrina to eligible low-income applicants and
the maximum amount of such a grant shall be $15,000: Provided further,
That the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
Subtitle N--Department of Justice
GENERAL ADMINISTRATION
Salaries and Expenses
SEC. 131. DEFINITION.
For the purpose of this subtitle, the term ``unit of local
government'' means--
(1) a county, township, city, or political subdivision of a
county, township, or city that is a unit of local government as
determined by the Secretary of Commerce for general statistical
purposes; or
(2) a district attorney or a parish sheriff in the State of
Louisiana.
SEC. 132. FUNDING.
In addition to amounts otherwise provided for in this Act, the
following amounts are appropriated for fiscal year 2006 and designated
as an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress):
(1) Emergency law enforcement assistance.--
(A) Funding.--For an additional amount for
hurricane-related expenses, $650,000,000 to remain
available until expended: Provided, That such sums as
are necessary shall be derived from programs in the
Office of Justice Programs, Bureau of Justice
Assistance authorized by the Justice Assistance Act of
1984, title II, chapter VI (Public Law 98-473; Stat.
1837, sec. 609): Provided further, That of the amounts
made available under this heading, $650,000,000 shall
be available only for the Louisiana Commission on Law
Enforcement.
(B) Waiver.--Notwithstanding any limitations on the amount
of funds that may be distributed from this program under
section 609Y of the Justice Assistance Act of 1984 (42 U.S.C.
10513(a)) such limitations are waived for purposes of the
funding made available under this paragraph.
(2) Enhancing law enforcement.--For an additional amount
for ``Enhancing State and Local Law Enforcement'' for expenses
related to responding to Hurricane Katrina, $200,000,000 to the
Community Oriented Policing Services program to remain
available until expended: Provided, That of the amounts made
available under this heading, $200,000,000 shall be available
only to the hiring section.
(3) Assisting children impacted by hurricane katrina.--For
an additional amount of $10,000,000 to remain available until
expended for the Missing Children Program at the National
Center for Missing and Exploited Children to find, unite, and
transport children impacted by Hurricane Katrina to their
parents, legal guardian, or next of kin.
SEC. 133. ASSISTANCE TO COURTS.
Section 462(f) title 28, United States Code, is amended by adding
at the end the following:
``(g) The Chief Judge of each United States District Court is
encouraged to cooperate with requests from State and local authorities
whose operations have been significantly disrupted as a result of
Hurricane Katrina to provide accommodations in Federal facilities for
State and local courts to conduct proceedings. The Administrator of
General Services is authorized and directed to provide the
accommodations requested by the Chief Judge.''.
TITLE II--IMPROVEMENTS TO DISASTER ASSISTANCE
SEC. 200. SENSE OF THE SENATE REGARDING THE APPOINTMENT OF FEDERAL
CENTRAL COORDINATING AGENT.
It is the Sense of the Senate that--
(1) the President, in order to efficiently coordinate and
monitor the Federal relief and reconstruction efforts for the
State of Louisiana, should appoint an individual to coordinate
Federal efforts to work with the State of Louisiana and local
governments directly impacted by the Hurricane Katrina as those
respective entities plan for their rehabilitation and
reconstruction, oversee all Federal work relating to such
rehabilitation and reconstruction, and oversee the obligation
of all federally appropriated funds for the purpose of
Hurricane Katrina recovery, rehabilitation and reconstruction;
and
(2) the appointed individual should be invested with
authority to waive Federal regulatory processes and legislative
impediments to the reconstruction efforts, and further, that
the individual be the central coordinating agent for the
Federal actions pursuant to Katrina recovery, rehabilitation,
and reconstruction.
Subtitle A--Immediate Disaster Relief
SEC. 201. WAIVER OF COST-SHARING AND MAXIMUM ASSISTANCE REQUIREMENTS.
With respect to the provision of assistance to individuals,
households, State and local public entities, and nonprofit entities in
response to a major disaster relating to Hurricane Katrina declared by
the President on August 29, 2005, in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), for the 2-year period beginning on the date of enactment
of this Act--
(1) the Federal share under subsection (g)(2)(A) of that
section shall be 100 percent;
(2) the maximum limitations on assistance under paragraphs
(2) and (3) of subsection (c), and subsection (h), of that
section shall not apply;
(3) the Federal shares required under paragraphs (1)(A) and
(2)(A) of section 406(c) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) shall
be 100 percent; and
(4) subsections (b)(1) and (b)(2) of section 406 of that
Act (42 U.S.C. 5172) shall not apply.
SEC. 202. HAZARD MITIGATION GRANT PROGRAM.
Section 404(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended in the third
sentence by striking ``7.5'' and inserting ``15''.
SEC. 203. STATE MANAGEMENT COSTS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall--
(1) develop and implement a process for the approval of
requests for State management cost funding to ensure, to the
maximum extent practicable, that each such request is approved
or disapproved within the 30-day period after the date of
receipt by the Secretary of the request; and
(2) acting through the Director of the Federal Emergency
Management Agency, develop and provide to States clear and
concise guidance to ensure, to the maximum extent practicable,
that the submission content and evaluation of those requests is
consistent.
SEC. 204. DISASTER RELIEF EQUITY.
Notwithstanding any other provision of law, the religious status of
a private nonprofit facility located in an area in which a major
disaster relating to Hurricane Katrina was declared by the President
under section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170), or of the owner or operator
of such a facility, shall not preclude the facility from being eligible
to receive Federal assistance for use in repairing, restoring,
reconstructing, or replacing the facility following damage or
destruction of the facility as a result of Hurricane Katrina.
SEC. 205. PRESIDENTIALLY DECLARED DISASTER AREA MAY INCLUDE THE OUTER
CONTINENTAL SHELF.
(a) In General.--Section 102(3) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122(3)) is amended by
inserting ``, and includes the outer Continental Shelf (as defined in
section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1331(a))'' after ``Islands''.
(b) Effective Date.--The amendment made by this section shall apply
to--
(1) declarations made after August 28, 2005, or
(2) modifications made after such date with respect to
declarations made after December 31, 2003.
SEC. 206. EXPEDITED PAYMENTS OF FEDERAL ASSISTANCE FOR DEBRIS REMOVAL
AND EMERGENCY PROTECTIVE MEASURES.
(a) Definitions.--In this section:
(1) Eligible applicant.--The term ``eligible applicant''
means--
(A) a State government;
(B) a local government;.
(C) a private nonprofit organization or institution
that owns or operates any private nonprofit
educational, utility, emergency, medical, or custodial
care facility, including a facility for the aged or
disabled, or any other facility providing essential
governmental services to the general public, and such
facilities on Indian reservations; and
(D) an Indian tribe or authorized tribal
organization, or an Alaska Native village or
organization (other than an Alaska Native Corporation),
the ownership of which is vested in a private
individual.
(2) Eligible claim for assistance.--The term ``eligible
claim for assistance'' means--
(A) a claim for the clearance, removal, or disposal
of debris (such as trees, sand, gravel, building
components, wreckage, vehicles, and personal property),
if the debris is the result of an emergency or major
disaster and the clearance, removal, or disposal is
necessary--
(i) to eliminate an immediate threat, as
determined by the Secretary of Homeland
Security, to human life, public health, or
safety;
(ii) to eliminate an immediate threat, as
determined by the Secretary, of significant
damage to public or private property;
(iii) to ensure the economic recovery of
the community affected by the emergency or
major disaster to the benefit of the community
and any other community, as determined by the
Secretary; or
(iv) to ensure the provision of temporary
public transportation service in the community
affected by the emergency or major disaster
pursuant to section 419 of the Robert T.
Stafford Disaster and Emergency Assistance Act
(42 U.S.C. 5186);
(B) an action taken by an applicant before, during,
or after an emergency or major disaster that is
necessary--
(i) to eliminate or reduce an immediate
threat, as determined by the Secretary of
Homeland Security, to human life, public
health, or safety; or
(ii) to eliminate or reduce an immediate
hazard, as determined by the Secretary, that
threatens significant damage to public or
private property; or
(C) any other claim that the Secretary of Homeland
Security determines to be appropriate.
(3) Emergency.--The term ``emergency'' has the meaning
given the term in section 102 of the Robert T. Stafford
Disaster and Emergency Assistance Act (42 U.S.C. 5122).
(4) Major disaster.--The term ``major disaster'' has the
meaning given the term in section 102 of the Robert T. Stafford
Disaster and Emergency Assistance Act (42 U.S.C. 5122).
(b) Expedited Payments Authorized.--Notwithstanding the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) (including any regulation promulgated pursuant to that Act),
the Secretary of Homeland Security, acting through the Director of the
Federal Emergency Management Agency, shall pay to an eligible
applicant, in accordance with subsection (c), 50 percent of the Federal
share of assistance that the applicant is eligible to receive under
section 403(b), 407(d), or 503 of that Act (42 U.S.C. 5170b(b),
5173(d), 5193).
(c) Date of Payment.--A claim described in subsection (b) shall be
paid not later than 60 days after the date on which the applicant files
an eligible claim for assistance.
SEC. 207. REQUIREMENT TO ENSURE DEBRIS CLEARANCE, REMOVAL, AND DISPOSAL
FROM EMERGENCY ACCESS ROADS.
(a) Definition of Emergency Access Road.--In this section, the term
``emergency access road'' means a road that requires access by
emergency personnel, including firefighters, police, emergency medical
personnel, or any other entity identified by the Secretary of Homeland
Security that provides an emergency service after a declaration of an
emergency or major disaster (as defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)).
(b) Requirement.--Any reimbursement authorized under section 407 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5173) for clearing and removing debris shall include
reimbursement for clearing, removing, and disposing of debris from any
emergency access road.
SEC. 208. INCLUSION OF DEBRIS REMOVAL FROM PRIVATE LAND AS ELIGIBLE
CLAIM FOR FEDERAL ASSISTANCE.
Section 408(c)(2)(A) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)(2)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (ii) the following:
``(iii) the removal, clearance, and
disposal of debris from private property that
is the result of an emergency or major
disaster.''.
SEC. 209. STAFFORD ACT WAIVER.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Homeland Security, acting through the Director of the
Federal Emergency Management Agency (referred to in this section as the
``Secretary''), shall directly reimburse, on an ongoing basis, all
costs associated with the restoration, reconstruction, rehabilitation,
or installation of privately-owned utility infrastructure damaged or
destroyed by Hurricane Katrina, including--
(1) electric transmission, distribution, generation, and
related electric infrastructure facilities in the State of
Louisiana (including the city of New Orleans); and
(2) natural gas distribution facilities in Louisiana.
(b) Distribution of funds.--
(1) Documentation.--The Secretary shall provide
reimbursement under this section directly to the affected,
privately-owned utilities upon receipt of reasonable
documentation of costs and expenses incurred by the utilities.
(2) Presumption and distribution.--In the absence of a
finding of good cause, the Secretary shall--
(A) presume documentation received under paragraph
(1) not later than December 1, 2005, to be valid; and
(B) distribute funds in accordance with this
section not later than December 31, 2005.
(3) Late receipt of documentation.--To the extent that
documentation is received by the Secretary under paragraph (1)
after December 1, 2005, in the absence of a finding of good
cause, the Secretary shall--
(A) presume the documentation to be valid; and
(B) distribute funds in accordance with this
section not later than 60 days after the date of
receipt of the documentation.
(4) Finding of good cause.--
(A) In general.--In carrying out this subsection,
the Secretary shall--
(i) have a 5-day period, beginning on the
date of receipt of documentation under
paragraph (2) or (3), to make a finding of good
cause to withhold funds under this section with
respect to the whole or partial adequacy of the
documentation; and
(ii) immediately provide notice of such a
finding to the privately-owned utility that
submitted the documentation.
(B) Contents of notice; withholding of funds.--The
Secretary--
(i) shall include in a notice provided
under subparagraph (A)(ii) a specific
description of the supplemental documentation
required to address the finding of good cause
with respect to the documentation originally
submitted; and
(ii) shall not withhold distribution of
funds under this section with respect to any
portion of a submission of documentation under
paragraph (2) or (3) that is not subject to a
finding of good cause by the Secretary.
(C) Provision of supplemental documentation.--A
privately-owned utility shall have a 5-day period,
beginning on the date of receipt of notice of a finding
of good cause under subparagraph (A)(ii), to provide
supplemental documentation.
(D) Distribution after receipt.--The Secretary
shall have a 15-day period, beginning on the date of
receipt of appropriate supplemental documentation under
subparagraph (C), to distribute funds under this
section.
(c) No Effect on Other Assistance.--No distribution of funds under
this section shall reduce or otherwise affect the amount of any other
funds or assistance provided to the State of Louisiana (including the
city of New Orleans) in connection with Hurricane Katrina under any
other provision of law.
Subtitle B--Providing Information and Assistance to Hurricane Katrina
Evacuees
SEC. 211. USE OF DISASTER RELIEF AND EMERGENCY ASSISTANCE FUNDS BY
INDIVIDUALS AND HOUSEHOLDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Homeland Security shall establish a
review system to ensure that Federal assistance to individuals and
households for disaster relief and emergency assistance under section
408 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5174) or any other provision of law, is used by
individuals and households only for purposes authorized by that section
or provision.
(b) Sense of the Senate on Prohibition of Use.--It is the sense of
the Senate that no Federal assistance (including Federal funds) to
individuals and households for disaster relief and emergency assistance
under section 408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) or any other provision of law
should be used for gambling purposes in any gambling establishment or
for purchase of nonessential items, including tobacco products or
alcoholic beverages.
Subtitle C--Emergency Preparedness and Response
SEC. 221. CREATION OF REGIONAL AND FIELD OFFICE FACILITIES FOR THE
DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Not later than 365 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
establish consolidated and co-located regional offices for the
Department of Homeland Security, in accordance with section 706 of the
Homeland Security Act of 2002 (6 U.S.C. 346), that will--
(1) enable a rapid, robust, and coordinated Federal
response to threats and incidents;
(2) enhance all-hazards preparedness across the United
States with respect to terrorism, natural disasters, and other
emergencies;
(3) provide integrated capabilities among the Department of
Homeland Security, other Federal agencies, and State and local
governments;
(4) maximize cost savings and efficiencies through the
establishment of regional offices at current Department of
Homeland Security agency regional structures with contiguous
multi-State operations; and
(5) give priority consideration to the New Orleans Federal
City for the placement of a regional headquarters.
(b) Report to Congress.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
a report to Congress detailing plans, locations, and cost estimates for
the creation of a nationwide network of regional offices, in accordance
with this section.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $50,000,000, to remain
available until expended.
SEC. 222. APPROPRIATION FOR INTEROPERABLE COMMUNICATIONS.
(a) In General.--For an additional amount for interoperable
communications, $600,000,000 to remain available until expended, for
discretionary and formula-based grants for State and local programs
administered by the State Homeland Security Grant Program in the Office
of State and Local Government Coordination and Preparedness, for
technical assistance and guidance to design, install, and operate
comprehensive and effective interoperable communications systems:
Provided, That of the sums made available under this heading,
communications systems: $600,000,000 shall be available only to the
Louisiana Commission on Law Enforcement for implementation of the
Louisiana Totally Interoperable Environment (LATIE) plan.
(b) Guidance and Technical Assistance.--The Office for
Interoperability and Compatibility of the Department of Homeland
Security shall provide guidance and technical assistance to grant
recipients to best utilize grant funds under this section.
SEC. 223. RESPONSIBILITIES OF THE UNDER SECRETARY FOR EMERGENCY
PREPAREDNESS AND RESPONSE.
Section 502 of the Homeland Security Act of 2002 (6 U.S.C. 312) is
amended--
(1) in paragraph (6), by striking ``and'' after the
semicolon;
(2) in paragraph (7), by striking the period and inserting
a colon; and
(3) by adding at the end the following:
``(8) designing, developing, performing, and evaluating
disaster preparedness exercises at the National, State,
territorial, regional, local, and tribal levels of government;
and
``(9) ensuring that such exercises test the capability of
the Nation to prevent, prepare for, respond to, and recover
from natural disasters.''.
SEC. 224. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON FEDERAL FUNDS FOR
HURRICANE KATRINA RECOVERY.
(a) In General.--Every calendar quarter, the Government
Accountability Office shall submit a report to Congress on the
expenditure and obligation of funds made from appropriations Acts for
Hurricane Katrina recovery activities. Each report shall include any
fraud, abuse, waste, or mismanagement of such funds.
(b) First Report.--The first report under this section shall be
submitted for the first complete calendar quarter occurring after the
date of enactment of this Act.
TITLE III--INDIVIDUAL CITIZENS RELIEF AND RECOVERY
Subtitle A--Housing Relief
SEC. 301. HOUSING VOUCHERS.
(a) Short Title.--This section may be cited as the ``Helping to
House the Victims of Hurricane Katrina Act of 2005''.
(b) Hurricane Katrina Emergency Assistance Vouchers.--Section 8(o)
of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is
amended by adding at the end the following:
``(20) Hurricane Katrina emergency assistance vouchers.--
``(A) In general.--During the 6-month period
beginning on the date of enactment of the Helping to
House the Victims of Hurricane Katrina Act of 2005, the
Secretary shall provide temporary rental assistance to
any individual or family, if--
``(i) the individual or family resides, or
resided on August 29, 2005, in any area that is
subject to a declaration by the President of a
major disaster or emergency under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in
connection with Hurricane Katrina; and
``(ii) the residence of the individual or
family became uninhabitable or inaccessible as
result of that major disaster or emergency.
``(B) Regulations.--Not later than 30 days after
the date of enactment of the Helping to House the
Victims of Hurricane Katrina Act of 2005, the Secretary
shall issue final rules to establish the procedures
applicable to the issuance of assistance under
subparagraph (A).
``(C) Notice.--The Secretary, in consultation with
the Director of the Federal Emergency Management Agency
and such other agencies as the Secretary determines
appropriate, shall establish procedures for providing
notice of the availability of assistance under this
paragraph to individuals or families that may be
eligible for such assistance.
``(D) Authority to contract with pha's and
others.--The Secretary may contract with any State or
local government agency or public housing agency, or in
consultation with any State or local government agency,
with any other entity, to ensure that assistance
payments under this paragraph are provided in an
efficient and expeditious manner.
``(E) Waiver of eligibility requirements.--In
providing assistance under this paragraph, the
Secretary shall waive the requirements under--
``(i) paragraph (2), relating to tenant
contributions towards rent, except that any
such waiver shall expire on an individual's
return to work;
``(ii) paragraph (4), relating to the
eligibility of individuals to receive
assistance;
``(iii) subsection (k) and paragraph (5) of
this subsection, relating to verification of
income;
``(iv) paragraph (7)(A), relating to the
requirement that leases shall be for a term of
1 year;
``(v) paragraph (8), relating to initial
inspection of housing units by a public housing
agency; and
``(vi) subsection (r)(1)(B), relating to
restrictions on portability.
``(F) Use of funds.--Notwithstanding any other
provision of law, funds available for assistance under
this paragraph--
``(i) shall be made available by the
Secretary to individuals to cover the cost of--
``(I) rent;
``(II) security and utility
deposits;
``(III) relocation expenses,
including expenses incurred in
relocating back to the major disaster
area when such relocation is permitted;
and
``(IV) such additional expenses as
the Secretary determines necessary; and
``(ii) shall be used by the Secretary--
``(I) for payments to public
housing agencies, State or local
government agencies, or other voucher
administrators for vouchers used to
assist individuals or families affected
by the major disaster or emergency
described in this paragraph up to their
authorized level of vouchers, if any
such vouchers are not otherwise funded;
and
``(II) to provide operating
subsidies to public housing agencies
for public housing units provided to
individuals or families affected by the
major disaster or emergency described
in this paragraph, if such a subsidy
was not previously provided for those
units.
``(G) Payment standard.--For purposes of this
paragraph, the payment standard for each size of
dwelling unit in a market area may not exceed 150
percent, or higher if the Secretary approves of such
increase, of the fair market rental established under
subsection (c) for the same size dwelling unit in the
same market area, and shall be not less than 90 percent
of that fair market rental.
``(H) Nondiscrimination.--In selecting individuals
or families for tenancy, a landlord or owner may not
exclude or penalize an individual or family solely
because any portion of the rental payment of that
individual or family is provided under this paragraph.
``(I) Termination of assistance.--Assistance
provided under this paragraph shall terminate 6 months
after the date on which such assistance was received.
``(21) Assistance for current voucher recipients affected
by hurricane Katrina.--
``(A) In general.--The Secretary shall waive any of
the requirements described in clauses (i) through (vi)
of paragraph (20)(E) for any individual or family
receiving assistance under this section on August 29,
2005, if--
``(i) the individual or family resides, or
resided on August 29, 2005, in any area that is
subject to a declaration by the President of a
major disaster or emergency under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in
connection with Hurricane Katrina; and
``(ii) the residence of the individual or
family became uninhabitable or inaccessible as
result of that major disaster or emergency.
``(B) Additional uses of funds.--Notwithstanding
any other provision of law, the Secretary shall
provide, as the Secretary determines appropriate,
supplemental assistance to an individual or family
receiving assistance under this section on August 29,
2005, and meeting the requirements described in
subparagraph (A), to assist the individual or family
with the additional costs of relocating to new housing,
including to cover--
``(i) the additional cost of rent and
utilities;
``(ii) security and utility deposits;
``(iii) relocation expenses, including
expenses incurred in relocating back to the
major disaster area when such relocation is
permitted; and
``(iv) such additional expenses as the
Secretary determines necessary.
``(C) Payment standard.--For purposes of this
paragraph, the payment standard for each size of
dwelling unit in a market area may not exceed 150
percent, or higher if the Secretary approves of such
increase, of the fair market rental established under
subsection (c) for the same size dwelling unit in the
same market area, and shall be not less than 90 percent
of that fair market rental.
``(D) Nondiscrimination.--A landlord or owner may
not exclude or penalize an individual or family solely
because that individual or family is eligible for any
waivers or benefits provided under this paragraph.
``(E) Termination of authority.--The authority of
the Secretary to provide assistance under this
paragraph shall apply during the 6-month period
beginning on the date of enactment of the Helping to
House the Victims of Hurricane Katrina Act of 2005.
``(22) Authority of the secretary to directly administer
vouchers when pha's are unable to do so.--If the Secretary
determines that a public housing agency is unable to implement
the provisions of this subsection due to the effects of
Hurricane Katrina, the Secretary may--
``(A) directly administer any voucher program
described in paragraphs (1) through (20); and
``(B) perform the functions assigned to a public
housing agency by this subsection.''.
(c) Report on Inventory of Availability of Temporary Housing.--Not
later than 10 days after the date of enactment of this Act, the
Secretary of Defense, the Administrator of the General Services
Administration, the Secretary of Agriculture, and such other agency
heads as the Secretary of Housing and Urban Development determines
appropriate, shall compile and report to the Secretary of Housing and
Urban Development an inventory of Federal civilian and defense
facilities that can be used--
(1) to provide emergency housing; or
(2) as locations for the construction or deployment of
temporary housing units.
(d) Appropriation of Funding.--
(1) In general.--There are authorized to be appropriated
and are appropriated $3,500,000,000 to provide assistance under
this section.
(2) Emergency designation.--The amount appropriated under
paragraph (1) is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
SEC. 302. HOME PROGRAM.
(a) Waiver of Income and Rent Requirements Under HOME Program.--For
purposes of eligibility for occupancy, and the amount of rent paid for
such occupancy, in housing assisted under subtitles A through D of
title II of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12721 et seq.), in the case of any family displaced as a result
of Hurricane Katrina, for the 6-month period that begins upon the
initial occupancy of such family in such housing--
(1) no provision of such title establishing a limitation on
the income of an eligible family shall apply; and
(2) no provision of such title establishing or requiring a
rental payment by an eligible family residing in housing
assisted under such subtitle shall apply.
(b) Suspension of Matching Contribution Requirement Under HOME
Program.--Notwithstanding any provision of section 220 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12750), the
requirement under subsection (a) of such section to make contributions
shall not apply with respect to the State of Louisiana or any
communities in such State impacted by Hurricane Katrina for funds
allocated in fiscal years 2005 and 2006.
SEC. 303. FIRST TIME HOME BUYER EXPANSION.
Notwithstanding any other provision of law, for purposes of the
second sentence of subparagraph (A) of section 203(c)(2) of the
National Housing Act (12 U.S.C. 1709(c)(2)(A), any family that is
displaced as a result of Hurricane Katrina shall be considered until
December 31, 2007, to be a first-time homebuyer who has completed a
program of counseling with respect to the responsibilities and
financial management involved in homeownership that is approved by the
Secretary of Housing and Urban Development.
SEC. 304. HOME BUSINESS AND MORTGAGE PROTECTION FUND.
(a) Establishment.--There is established in the Treasury of the
United States the Home Business and Mortgage Protection Fund (hereafter
referred to in this section as the ``Fund'').
(b) Grants authorized.--
(1) In general.--The Secretary of Housing and Urban
Development is authorized to award grants from the Fund only
for the purposes described in subsection (d).
(2) Cap on grants.--For each missed, past due, or late
mortgage payment for which an eligible financial institution
seeks a grant under this section, the Secretary shall not award
amounts out of the Fund to such financial institution for such
mortgage payments in cumulative excess of an amount equal to
the sum of 6 times the value of such mortgage payment.
(3) Availability of grants.--The authority of the Secretary
to make grants under this section shall terminate on the date
that is 1 year after the date of enactment of this Act.
(c) Application.--
(1) In general.--An eligible financial institution seeking
a grant under this section shall submit an application to the
Secretary of Housing and Urban Development at such time, in
such manner, and containing such information as the Secretary
may require, including providing proper documentation to the
Secretary that--
(A) such financial institution is the holder of a
mortgage;
(B) mortgage payments have not been received by
such financial institution from a mortgagee;
(C) a mortgagee was unable to pay such mortgage
payments due to financial hardship;
(D) the property on which the mortgage is held is
located in an affected area;
(E) after August 26, 2005, the mortgagee missed at
least 2 consecutive mortgage payments, inclusive of all
applicable grace periods; and
(F) such financial institution has not initiated
any foreclosure proceeding against any property held by
a mortgagee for which the financial institution is
seeking a grant.
(2) Financial hardship defined.--
(A) In general.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall
issue regulations setting forth the definition of
financial hardship under paragraph (1)(C).
(B) Required content.--The definition required
under subparagraph (A) shall include--
(i) complete destruction of a mortgagee's--
(I) home;
(II) business; or
(III) place of business or
employment site; and
(ii) the fact that such mortgagee is now
unemployed due to Hurricane Katrina.
(d) Use of funds.--Amounts in the Fund may only be used to provide
grants to eligible financial institutions to reimburse such financial
institutions for missed, past due, or late mortgage payments owed to
such financial institutions on properties located in an affected area.
(e) Foreclosure.--
(1) In general.--An eligible financial institution that
does not seek a grant under this section, and initiates a
foreclosure proceeding against any property held by a mortgagee
in an affected area may not foreclose on such property, if the
mortgagee can provide evidence of financial hardship as defined
under subsection (c)(2).
(2) Reimbursement from Fund.--If an eligible financial
institution is unable to foreclose under paragraph (1), such
financial institution may seek a grant under this section for
reimbursement of the missed, past due, or late mortgage
payments leading to foreclosure notwithstanding the requirement
under subsection (c)(1)(F).
(3) Limitation.--An eligible financial institution shall
not be allowed to seek a grant for missed, past due, or late
mortgage payments under this section for any foreclosure
proceeding initiated prior to August 26, 2005.
(f) Credit protection.--Any failure by a mortgagee to make a
mortgage payment on any property located in an affected area shall not
be reported to any consumer reporting agency, as such term is defined
under section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a).
(g) Deposits.--
(1) In general.--The Secretary of the Treasury shall
transfer up to $5,000,000,000 from the general fund of the
Treasury to the Fund to permit the implementation of this
section.
(2) Investment.--To the extent that amounts in the Fund at
any time exceed the immediate needs of the Fund, the excess
shall be invested in short term obligations of the United
States.
(3) Interest.--To the extent that interest accrues on any
funds invested under paragraph (2), that interest shall be made
available for the purposes of this section.
(h) Reversion of funds to the treasury.--Any amounts in the Fund
that are unexpended and unobligated after March 30, 2007, shall be
covered into the general fund of the Treasury as miscellaneous receipts
and the Fund shall be terminated.
(i) Regulations.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Housing and Urban Development
shall issue regulations necessary to carry out the administration of
this section and to ensure that the purposes of this section are
accomplished.
(j) Eligible financial institution.--The term ``eligible financial
institution'' means any commercial bank, community bank, mortgage bank,
credit union, or any other lender approved by the Secretary of Housing
and Urban Development as eligible for insurance under section 2 of the
National Housing Act (12 U.S.C. 1703).
SEC. 305. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
(a) Increase of Maximum Project Assistance Amount Under CDBG
Program.--Notwithstanding any other provision of law, $10,000,000 shall
be available for any project assisted or to be assisted with amounts
made available in fiscal year 2005, 2006, or 2007 under the community
development block grant program under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and where
such project is carried out within an affected area.
(b) Regulatory Flexibility Under CDBG Program.--In administering
any amounts made available under the community development block grant
program under title I of the Housing and Community Development Act of
1974 for fiscal year 2005 or 2006 within declared disaster areas--
(1) the Secretary may waive any provision of any statute or
regulation that the Secretary administers in connection with
obligation by the Secretary or any use by any recipient of such
amounts; and
(2) the requirements of such title regarding use of funds
made available under such title for activities that benefit
persons of low and moderate income shall not apply.
SEC. 306. RURAL HOUSING AND ECONOMIC DEVELOPMENT PROGRAM.
In carrying out the Rural Housing and Economic Development program
of the Department of Housing and Urban Development, the Secretary of
Housing and Urban Development shall waive, with respect to any
assistance provided during fiscal year 2005 or 2006 under such program
for any activities carried out within any affected area--
(1) any limitation on the income of persons assisted under
such program; and
(2) any requirement on the part of a grantee to provide
matching amounts or to make contributions to activities
assisted with amounts provided under such program.
SEC. 307. DEFINITIONS.
For purposes of the preceding six sections, the term ``affected
area'' means any area--
(1) for which the President has declared a major disaster
pursuant to title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act as a result of Hurricane Katrina;
or
(2) that is determined to be eligible for disaster relief
under other Federal law by reason of damage related to
Hurricane Katrina.
Subtitle B--TANF Relief
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 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 September 30, 2006, a State described in
paragraph (2) or (3) shall be considered a needy State for
purposes of section 403(b) of the Social Security Act.
``(2) Direct impact state.--A State described in this
paragraph is Louisiana.
``(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 travelled (not necessarily directly) to
the State from such 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 State described in--
``(A) subsection (a)(2), shall not exceed \1/4\ of
20 percent of the State family assistance grant; and
``(B) 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 the Social Security Act
to families described in subsection (a)(3); or
``(ii) \1/4\ of 20 percent of the State
family assistance grant.
``(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 described in subsection (a)(1), section 403(b)(2) of the Social
Security Act (42 U.S.C. 603(b)(2)) shall be applied without regard to
the limitation on the total amount specified in that 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 of the TANF Emergency Response and
Recovery Act of 2005 is amended--
(1) in subsection (a)(2), by striking ``20 percent'' and
inserting ``40 percent''; and
(2) in subsection (b), in the matter preceding paragraph
(1), by inserting ``(at any time during or after the period
described in section 3(a)(1))'' after ``may not be imposed''.
(b) Retroactive Effective Date.--The amendments 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. WORK REQUIREMENTS AND TIME LIMITS UNDER TANF PROGRAM NOT
TRIGGERED BY RECEIPT OF TEMPORARY TANF BENEFITS BY
FAMILIES AFFECTED BY HURRICANE KATRINA.
Benefits provided on a short-term, nonrecurring basis under a State
program funded under part A of title IV of the Social Security Act,
during the period that begins with the date of the enactment of this
Act and ends with the end of fiscal year 2006, to meet a subsistence
need of a family resulting from Hurricane Katrina shall not be
considered assistance for purposes of sections 407 and 408(a)(7) of the
Social Security Act.
SEC. 314. EMERGENCY DESIGNATION.
Each amount provided in this title is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
Subtitle C--Medicaid, Medicare, and Other Health Disaster Relief
SEC. 321. DEFINITIONS.
In this subtitle:
(1) Direct impact parish.--
(A) In general.--The term ``direct impact parish''
means a parish in the State of Louisiana 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 14, 2005, warrants
individual and public assistance from the Federal
Government under such Act.
(B) Exclusion.--Such term does not include a parish
in the State of Louisiana which the President has
determined warrants only public assistance from the
Federal Government under such Act as a result of
Hurricane Katrina.
(C) Authority to rely on website posted
designations.--The Secretary of Health and Human
Services shall post on the Internet website for the
Centers for Medicare & Medicaid Services a list of
parishes and counties identified as direct impact
parishes in accordance with this paragraph. Any such
parish that is posted on such website as a direct
impact parish shall be treated for purposes of
subparagraph (A) as described in such subparagraph.
(2) 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
5 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 5
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).
(3) Katrina survivor.--
(A) In general.--The term ``Katrina Survivor''
means an individual who is described in subparagraph
(B) or (C).
(B) Residents and evacuees of direct impact
parishes.--An individual who, on any day during the
week preceding August 28, 2005, had a primary residence
in a direct impact parish.
(C) Individuals who lost employment.--An individual
whose--
(i) worksite, on any day during the week
preceding August 28, 2005, was located in a
direct impact parish; and
(ii) employment with an employer which
conducted an active trade or business on August
28, 2005, in a direct impact parish and with
respect to whom such trade or business is
inoperable on any day after August 28, 2005,
and before January 1, 2006, as a result of
damage sustained in connection with Hurricane
Katrina, is terminated.
(D) Treatment of current medicaid beneficiaries.--
Nothing in this title shall be construed as preventing
an individual who is otherwise entitled to medical
assistance under title XIX of the Social Security Act
from being treated as a Katrina Survivor under this
title.
(E) Treatment of homeless persons.--For purposes of
this title, in the case of an individual who was
homeless on any day during the week described in
subparagraph (B), the individual's ``residence'' shall
be deemed to be the place of residence as otherwise
determined for such an individual under title XIX of
the Social Security Act.
(4) 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)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) State.--The term ``State'' has the meaning given that
term for purposes of title XIX of the Social Security Act (42
U.S.C 1396 et seq.).
SEC. 322. 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 DRM 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 ``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 compensation and disaster
relief assistance.--In determining such income
eligibility, the State shall disregard--
(i) 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, including unemployment assistance
provided under section 410 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5177); and
(ii) any assistance provided (in cash or in
kind) to a Katrina Survivor from any public or
private entity as a result of Hurricane
Katrina.
(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 redetermination 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;
(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.
SEC. 323. TARGETED MEDICAID RELIEF FOR DIRECT IMPACT PARISHES.
(a) 100 Percent Federal Matching Payments for Medical Assistance
Provided in Direct Impact Parish.--
(1) In general.--Notwithstanding section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)), for items and
services furnished during the period that begins on August 28,
2005, and ends on December 31, 2006, the Federal medical
assistance percentage for providing medical assistance under a
State medicaid plan under title XIX of the Social Security Act
to any individual, including a Katrina Survivor, residing in a
parish of the State of Louisiana described in subsection (c)
shall be 100 percent.
(2) Application to enhanced fmap.--The 100 percent Federal
medical assistance percentage applicable under subsection (a)
shall also apply for purposes of determining the enhanced FMAP
(as defined in section 2105(b) of the Social Security Act (42
U.S.C. 1397ee(b)) for child health assistance provided under a
State child health plan under title XXI of such Act in such a
parish or county during the period described in such
subsection.
(b) Moratorium on Redeterminations.--During the DRM coverage
period, the State of Louisiana shall not be required to conduct
eligibility redeterminations under the State's medicaid plan.
(c) Parish or County Described.--For purposes of subsection (a), a
parish or county described in this subsection is a parish or county 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, as of September 14, 2005, warrant individual
or public assistance from the Federal Government under such Act.
SEC. 324. AUTHORITY TO WAIVE REQUIREMENTS DURING NATIONAL EMERGENCIES
WITH RESPECT TO EVACUEES FROM AN EMERGENCY AREA.
(a) In General.--Section 1135(g)(1) of the Social Security Act (42
U.S.C. 1320b-5(g)(1)) is amended by adding at the end the following:
``Any geographical area in which the Secretary determines there
are a significant number of evacuees from an area that is
considered to be an emergency area under the preceding sentence
shall be considered to be an `emergency area' for purposes of
this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if enacted on August 28, 2005.
SEC. 325. EMERGENCY ASSISTANCE FOR STATES WITH RESPECT TO THE FEDERAL
MEDICAL ASSISTANCE PERCENTAGE FOR FISCAL YEAR 2006.
If the Federal medical assistance percentage (as defined in section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b))) determined for
a State for fiscal year 2006 is less than the Federal medical
assistance percentage determined for the State for fiscal year 2005,
the Federal medical assistance percentage for the State for fiscal year
2005 shall apply to the State for fiscal year 2006 for purposes of
titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq.,
1397aa et seq.).
SEC. 326. EMERGENCY ASSISTANCE TO MEDICARE BENEFICIARIES.
(a) Exclusion of DRM Coverage Period in Computing Medicare Part B
Late Enrollment Period.--In applying the first sentence of section
1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) in the case of
an individual who, on any day during the week preceding August 28,
2005, had a residence in a direct impact parish, there shall not be
taken into account any month any part of which is within the DRM
coverage period.
(b) Written Plan on Transition of Certain Full-Benefit Dual
Eligible Individuals To Prescription Drug Coverage under Medicare Part
D.--Not later than October 7, 2005, the Secretary of Health and Human
Services shall submit to Congress a written plan on how the Secretary
will provide for the transition of coverage of prescription drugs for
full-benefit dual eligible individuals (as defined in section
1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-5(c)(6)) who, on
any day during the week preceding August 28, 2005, had a residence in a
direct impact parish, from the medicaid program under title XIX of such
Act to the medicare program under part D of title XVIII of such Act.
SEC. 327. 80 PERCENT FEDERAL MATCHING PAYMENTS UNDER MEDICAID FOR
UNCOMPENSATED CARE PROVIDED TO SURVIVORS OF HURRICANE
KATRINA.
(a) In General.--Notwithstanding section 1903(a) or 1905(b) of the
Social Security Act (42 U.S.C. 1396a(a), 1396d(b)), during the DRM
coverage period that begins on April 30, 2005--
(1) expenditures described in subsection (b) shall be
treated as medical assistance provided under the State Medicaid
plan of the State of Louisiana; and
(2) the Federal medical assistance percentage for such
expenditures, and for any administrative costs that are
attributable to such expenditures, shall be 80 percent.
(b) Expenditures Described.--For purposes of subsection (a), the
expenditures in this subsection are the following:
(1) Expenditures of the State of Louisiana for reimbursing
a hospital located in the State of Louisiana for any
uncompensated care provided to survivors of Hurricane Katrina.
(2) Expenditures of the State of Louisiana for reimbursing
a physician whose practice is located in the State of Louisiana
for any uncompensated costs incurred as a result of providing
items or services to survivors of Hurricane Katrina.
(3) Expenditures of the State of Louisiana for reimbursing
a federally-qualified health center or rural health clinic
located in the State of Louisiana for any uncompensated costs
incurred as a result of providing items or services to
survivors of Hurricane Katrina.
(c) Criteria for Disbursing of Payments.--The head of the Louisiana
Department of Health and Hospitals shall establish criteria for making
the reimbursements described in subsection (b).
SEC. 328. DISASTER RELIEF FUND FOR PAYMENTS FOR PRIVATE HEALTH
INSURANCE COVERAGE.
(a) Establishment.--There is established in the Treasury of the
United States the Disaster Relief Fund (in this section referred to as
the ``Fund'') which--
(1) shall be administered by the Secretary of Health and
Human Services (in this section referred to as the
``Secretary''); and
(2) shall consist of amounts made available under
subsection (e).
(b) Use of Amounts in Fund.--Amounts in the Fund shall be used by
the Secretary to make payments to State insurance commissioners for the
purpose of making payments to health insurance issuers--
(1) on behalf of individuals who had coverage as of August
29, 2005 for such individual's share of their health insurance
premium; and
(2) on behalf of qualified employers for the employer share
of their employee's health insurance premiums, but only with
respect to the days on which the employer meets the definition
under subsection (c).
(c) Qualified Employer Defined.--For purposes of subsection (b)(2),
the term ``qualified employer'' means any employer--
(1) which conducted an active trade or business on August
28, 2005, in a Hurricane Katrina disaster area; and
(2) with respect to whom the trade or business described in
paragraph (1)--
(A) is inoperable on any day during the disaster
relief period as a result of damage sustained in
connection with Hurricane Katrina; or
(B) is not paying salary or benefits to employees
on any day during the disaster relief period as a
result of damage sustained in connection with Hurricane
Katrina.
(d) Appropriation.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated to the Fund, $400,000,000 for
fiscal year 2005, to remain available until expended.
SEC. 329. ELIGIBILITY OF KATRINA SURVIVORS FOR REFUNDABLE CREDIT FOR
HEALTH INSURANCE COSTS AND ASSISTANCE WITH HEALTH
INSURANCE COVERAGE UNDER NATIONAL EMERGENCY GRANTS.
Notwithstanding sections 35, 7527, and 6050T of the Internal
Revenue Code of 1986, and section 173(f) of the Workforce Investment
Act of 1998 (29 U.S.C. 2918(f)), during the disaster relief period, for
purposes of applying such sections--
(1) a Katrina Survivor (as defined in section 323(a)(1))
shall be deemed to be an eligible individual; and
(2) section 35(a) of such Code shall be applied with
respect to a Katrina Survivor by substituting ``100 percent''
for ``65 percent''.
SEC. 330A. NATIONAL HEALTH SERVICE CORPS.
(a) Designation as Health Professional Shortage Area.--
Notwithstanding section 332(a)(1) of the Public Health Service Act (42
U.S.C. 254e(a)(1)), 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)
related to Hurricane Katrina, shall be designated as a health
professional shortage area as described in such section 332.
(b) Scholarship Programs.--Notwithstanding section 338A(d)(2) of
the Public Health Service Act (42 U.S.C. 254l(d)(2)), in providing
contracts under the Scholarship Program under subpart III of part D of
title III of the Public Health Service Act (42 U.S.C. 254l et seq.),
the Secretary of Health and Human Services shall give first priority to
any application from an individual who agrees to serve in a health
professional shortage area affected by Hurricane Katrina, as described
in subsection (a).
(c) Loan Repayment Programs.--The Secretary of Health and Human
Services shall operate a loan repayment program to encourage eligible
health care professionals to move to and continue to serve in a health
professional shortage area affected by Hurricane Katrina, as described
in subsection (a), in the same manner and subject to the same
requirements and restrictions as the Loan Repayment Program operated by
the Secretary under subpart III of part D of title III of the Public
Health Service Act (42 U.S.C. 254l et seq.), except that the total
amount that the Secretary may pay for loan repayment on behalf of an
individual participating in the loan repayment program under this
subsection shall be not more than $50,000 for 2 years of obligated
service by the individual.
SEC. 300A. COMMUNITY HEALTH CENTER GRANTS.
(a) Priority.--In awarding grants under section 330 of the Public
Health Service Act (42 U.S.C. 254b), the Secretary of Health and Human
Services shall give priority to applicants applying on behalf of a
community health center 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) related to Hurricane Katrina.
(b) Waiver.--In awarding and administering grants under section 330
of the Public Health Service Act (42 U.S.C. 254b) relating to community
health centers located in Louisiana, the Secretary of Health and Human
Services shall waive any requirement or eligibility criteria that the
Secretary determines appropriate, including any requirement that a
community health center must be operated as a free-standing clinic.
(c) Deemed Eligibility.--In the case of any health provider located
in a parish of the State of Louisiana for 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) related to Hurricane Katrina and which has applied for
a grant under section 330 of the Public Health Service Act (42 U.S.C.
254b) during the 1-year period preceding the date of enactment of this
Act and which is still pending as of such date, such provider shall be
deemed to be a federally qualified health center and shall be eligible
for a grant under such section until such time as a determination on
such application is made.
SEC. 330B. TELEMEDICINE.
Notwithstanding any other provision of law, the Secretary may waive
licensing and certification requirements relating to telemedicine for
health professionals providing diagnosis and treatment services to
assist in treating victims of a public health emergency as declared by
the Secretary under section 319 of the Public Health Service Act (42
U.S.C. 247d). Such a waiver may include provisions permitting payments
to health professionals who provide such services.
SEC. 330C. PENALTIES FOR FRAUDULENT USE OF LICENSURE.
Chapter 47 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 1039. Fraudulent use of medical credentials
``Whoever knowingly or willingly--
``(1) falsifies a medical license or certification;
``(2) make any materially false, fictitious, or fraudulent
statement or representation with respect to a medical license
or certification;
``(3) makes or uses any false writing or document relating
to a medical license or certification knowing the same to
contain any materially false, fictitious, or fraudulent
statement or entry; or
``(4) provides medical treatment or services to an
individual while intentionally misrepresenting that such person
is appropriately licensed or certified to provide such
services;
shall be fined under this title, imprisoned not more than 5 years, or
both.''.
SEC. 330D. WAIVER OF CERTAIN MEDICARE QUALITY REPORTING REQUIREMENTS
FOR HOSPITALS.
(a) In General.--During the disaster relief period, section
1886(b)(3)(B)(vii) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(vii)) shall not apply to a hospital that is located in
any parish affected by Hurricane Katrina (as defined in subsection
(b)).
(b) Direct Impact Parish Defined.--
(1) In general.--In this section, the term ``direct impact
parish'' means a parish in the State of Louisiana 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 14, 2005, warrants individual and public assistance
from the Federal Government under such Act.
(2) Exclusion.--Such term does not include a parish in the
State of Louisiana which the President has determined warrants
only public assistance from the Federal Government under such
Act as a result of Hurricane Katrina.
(3) Authority to rely on website posted designations.--The
Secretary of Health and Human Services shall post on the
Internet website for the Centers for Medicare & Medicaid
Services a list of parishes identified as direct impact
parishes in accordance with this paragraph. Any such parish
that is posted on such website as a direct impact parish shall
be treated for purposes of paragraph (1) as described in such
paragraph.
SEC. 330E. MORATORIUM ON REDETERMINATIONS.
During the disaster relief period, the State of Louisiana shall not
be required to conduct eligibility redeterminations under the State's
medicaid plan under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.).
SEC. 330F. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA SURVIVORS UNDER
MEDICARE PROGRAM.
(a) Exclusion of Disaster Relief Period in Computing Part B Late
Enrollment Penalty.--In applying the first sentence of section 1839(b)
of the Social Security Act (42 U.S.C. 1395r(b)) in the case of a
Katrina Survivor, there shall not be taken into account any month any
part of which is within the disaster relief period or within the 2-
month period following the end of such disaster relief period.
(b) Part D.--
(1) Extension of initial enrollment period.--In the case of
a Katrina Survivor, the initial enrollment period under section
1860D-1(b)(2) of the Social Security Act (42 U.S.C. 1395w-
101(b)(2)) shall in no case end before May 15, 2007.
(2) Flexibility in documentation for low-income
subsidies.--For purposes of carrying out section 1860D-14 of
the Social Security Act (42 U.S.C. 1395w-114), with respect to
Katrina Survivors, the Secretary of Health and Human Services
shall establish documentation rules for Katrina Survivors which
take into account the loss and unavailability of documents due
to Hurricane Katrina.
SEC. 330G. MEDICARE PROVIDERS AND SUPPLIERS.
Notwithstanding any provision of titles XI or XVIII of the Social
Security Act, the Secretary of Health and Human Services shall
establish procedures to ensure that whenever a provider of services (as
defined in subsection (u) of section 1861 of such Act (42 U.S.C.
1395x)) or a supplier (as defined in subsection (d) of such section)
under the Medicare program under title XVIII of such Act temporarily
ceases offering items or services or relocates to another community as
a result of a natural disaster or act of terrorism, such temporary
cessation of business or relocation shall not result in a termination
of the provider of service's provider agreement or the supplier's
Medicare participation, or have any adverse impact on any terms or
provisions of the provider's Medicare certification, supplier's
Medicare participation, or a hospital's Inpatient Prospective Payment
System exclusion status or classification; but only if the provider or
supplier satisfies all conditions for Medicare certification and
participation upon relocating or resuming to provide items or services
under the Medicare program.
Subtitle D--Bankruptcy Relief
SEC. 331. DEFINITIONS; WHO MAY BE A DEBTOR.
(a) Current Monthly Income.--Section 101(10A)(B) of title 11,
United States Code, is amended--
(1) by striking ``and payments'' and inserting
``payments''; and
(2) by inserting before the period at the end the
following: ``, and payments to victims of a natural disaster by
a governmental unit or by a qualified religious or charitable
entity or organization, as defined in section 548(d)(4), which
were made solely on account of their status as victims of such
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 major disaster,
as defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act.
``(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 an
individual whose financial condition is materially adversely
affected due to--
``(A) damage sustained to the principal residence
of that person, where such residence is located in a
natural disaster zone, as a result of a natural
disaster;
``(B) an inability to remain at the principal
residence of that person, where such residence is
located in a natural disaster zone, as a result of a
natural disaster; or
``(C) an inability to work at the principal place
of employment of that person, where such place of
employment is located in a natural disaster zone, as a
result of a natural disaster.''.
(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. 332. AMENDMENTS TO CHAPTER 5.
Section 521 of title 11, United States Code, is amended by adding
at the end the following:
``(k) The court, after notice and a hearing upon motion of the
debtor, may extend any time period specified in this section as may be
necessary, if the court finds that--
``(1) the debtor is a victim of a natural disaster; and
``(2) the status of the debtor as a victim of a natural
disaster necessitates such extension of time.''.
SEC. 333. AMENDMENTS TO CHAPTER 7.
(a) Reasonable Necessary Expenses.--Section 707(b)(2)(A)(ii) of
title 11, United States Code, is amended by adding at the end the
following:
``(VI) In addition, the monthly expenses of the debtor may include
the actual reasonably necessary expenses incurred as a result of being
a victim of a natural disaster if the debtor provides documentation of
such expenses, and a detailed explanation of why such expenses are
reasonable and necessary, and why such expenses are not accounted for
by the national standards, local standards, and other necessary
expenses referred to in subclause (I).''.
(b) Natural Disaster.--Section 707(b)(2)(B)(i) of title 11, United
States Code, is amended by inserting ``or a natural disaster'' after
``such as a serious medical condition or a call or order to active duty
in the Armed Forces''.
SEC. 334. 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, after providing notice to parties
in interest (including the United States trustee)
demonstrates that the debtor is unable to meet the
deadline because of a natural disaster and a new
deadline is imposed at the time the extension is
granted and the order extending the time is signed
before the expiration of the existing deadline.''.
(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
``In a small business case, the court after notice and a hearing
may extend any deadline specified in this chapter if the court finds
that such extension is--
``(1) necessary to protect the best interests of creditors
and the estate; and
``(2) warranted by a natural disaster.''.
SEC. 335. 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, after notice and a hearing on motion of the debtor, may
extend any time period specified in this subsection as may be
necessary, if--
``(1) the debtor is a victim of a natural disaster;
``(2) the status of the debtor as a victim of a natural
disaster necessitates such extension of time; and
``(3) the debtor files an affidavit stating that such tax
return was destroyed or lost as a result of such natural
disaster, and that the debtor has requested a copy of such tax
return from the taxing authority.''.
(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, after notice and a hearing on motion of the
debtor, may extend any time period specified in this subsection as may
be necessary, if--
``(1) the debtor is a victim of a natural disaster;
``(2) the status of the debtor as a victim of a natural
disaster necessitates such extension of time; and
``(3) the debtor files an affidavit stating that such tax
return was destroyed or lost as a result of such natural
disaster and that the debtor has requested a copy of such tax
return from the taxing authority.''.
SEC. 336. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--This subtitle and the amendments made by this
subtitle shall take effect on October 18, 2005.
(b) Application of Amendments.--The amendments made by this
subtitle shall apply only with respect to cases commenced under title
11 of the United States Code after October 17, 2005.
Subtitle E--Unemployment Compensation
SEC. 341. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this title with the Secretary of
Labor (in this title referred to as the ``Secretary''). Any State which
is a party to an agreement under this title 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 will make payments of
temporary extended unemployment compensation to individuals who--
(1) exhaust all rights to regular compensation under the
State law or under Federal law after August 27, 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; and
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada.
(c) Exhaustion of Benefits.--For purposes of subsection (b)(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.
(d) Weekly Benefit Amount, etc.--For purposes of any agreement
under this title--
(1) the amount of temporary 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 temporary extended unemployment
compensation and the payment thereof, except--
(A) that an individual shall not be eligible for
temporary extended unemployment compensation under this
title unless, in the base period with respect to which
the individual exhausted all rights to regular
compensation under the State law, the individual had 20
weeks of full-time insured employment or the equivalent
in insured wages, as determined under the provisions of
the State law implementing section 202(a)(5) of the
Federal-State Extended Unemployment Compensation Act of
1970 (26 U.S.C. 3304 note); and
(B) where otherwise inconsistent with the
provisions of this title or with the regulations or
operating instructions of the Secretary promulgated to
carry out this title; and
(3) the maximum amount of temporary extended unemployment
compensation payable to any individual for whom a temporary
extended unemployment compensation account is established under
section 342 shall not exceed the amount established in such
account for such individual.
(e) Election by States.--Notwithstanding any other provision of
Federal law (and if State law permits), the Governor of a State that is
in an extended benefit period may provide for the payment of temporary
extended unemployment compensation in lieu of extended compensation to
individuals who otherwise meet the requirements of this section. Such
an election shall not require a State to trigger off an extended
benefit period.
SEC. 342. TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.
(a) In General.--Any agreement under this title shall provide that
the State will establish, for each eligible individual who files an
application for temporary extended unemployment compensation, a
temporary extended unemployment compensation account with respect to
such individual's benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to the lesser of--
(A) 100 percent of the total amount of regular
compensation (including dependents' allowances) payable
to the individual during the individual's benefit year
under such law; or
(B) 13 times the individual's average weekly
benefit amount for the benefit year.
(2) Weekly benefit amount.--For purposes of this
subsection, an individual's 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. 343. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF
TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION.
(a) General Rule.--There shall be paid to each State that has
entered into an agreement under this title an amount equal to 100
percent of the temporary extended unemployment compensation paid to
individuals by the State pursuant to such agreement.
(b) Treatment of Reimbursable Compensation.--No payment shall be
made to any State under this section in respect of any compensation to
the extent the State is entitled to reimbursement in respect of such
compensation under the provisions of any Federal law other than this
title or chapter 85 of title 5, United States Code. A State shall not
be entitled to any reimbursement under such chapter 85 in respect of
any compensation to the extent the State is entitled to reimbursement
under this title in respect of such compensation.
(c) Determination of Amount.--Sums payable to any State by reason
of such State having an agreement under this title 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 title 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. 344. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905(a) of the Social Security Act
(42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by
section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the
making of payments to States having agreements entered into under this
title.
(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 title. 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,
by transfers from the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment Trust
Fund (as so established).
(c) Assistance to States.--There are appropriated out of the
employment security administration account (as established by section
901(a) of the Social Security Act (42 U.S.C. 1101(a)) of the
Unemployment Trust Fund, without fiscal year limitation, such funds as
may be necessary for purposes of assisting States (as provided in title
III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the
costs of administration of agreements under this title.
(d) Appropriations for Certain Payments.--There are appropriated
from the general fund of the Treasury, without fiscal year limitation,
to the extended unemployment compensation account (as so established)
of the Unemployment Trust Fund (as so established) such sums as the
Secretary estimates to be necessary to make the payments under this
section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
SEC. 345. FRAUD AND OVERPAYMENTS.
(a) In General.--If an individual knowingly has made, or caused to
be made by another, a false statement or representation of a material
fact, or knowingly has failed, or caused another to fail, to disclose a
material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received an
amount of temporary extended unemployment compensation under this title
to which he was not entitled, such individual--
(1) shall be ineligible for further temporary extended
unemployment compensation under this title in accordance with
the provisions of the applicable State unemployment
compensation law relating to fraud in connection with a claim
for unemployment compensation; and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have received
amounts of temporary extended unemployment compensation under this
title to which they were not entitled, the State shall require such
individuals to repay the amounts of such temporary extended
unemployment compensation to the State agency, except that the State
agency may waive such repayment if it determines that--
(1) the payment of such temporary extended unemployment
compensation was without fault on the part of any such
individual; and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any
temporary extended unemployment compensation payable to such
individual under this title or from any unemployment
compensation payable to such individual under any Federal
unemployment compensation law administered by the State agency
or under any other Federal law administered by the State agency
which provides for the payment of any assistance or allowance
with respect to any week of unemployment, during the 3-year
period after the date such individuals received the payment of
the temporary extended unemployment compensation to which they
were not entitled, except that no single deduction may exceed
50 percent of the weekly benefit amount from which such
deduction is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(d) Review.--Any determination by a State agency under this section
shall be subject to review in the same manner and to the same extent as
determinations under the State unemployment compensation law, and only
in that manner and to that extent.
SEC. 346. DEFINITIONS.
(a) In General.--In this title, the terms ``compensation'',
``regular compensation'', ``extended compensation'', ``additional
compensation'', ``benefit year'', ``base period'', ``State'', ``State
agency'', ``State law'', and ``week'' have the respective meanings
given such terms under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
(b) State.--In this title, the term State means Louisiana.
SEC. 347. APPLICABILITY.
An agreement entered into under this title shall apply to weeks of
unemployment--
(1) beginning after August 27, 2005; and
(2) ending before August 27, 2006.
Subtitle F--Special Reed Act Transfer
SEC. 351. SPECIAL REED ACT TRANSFER.
(a) Special Transfer.--Section 903 of the Social Security Act (42
U.S.C. 1103) is amended by adding at the end the following:
``Special Transfer
``(e)(1) The Secretary of the Treasury may transfer (as of the date
determined under paragraph (4)) from the Federal unemployment account
to the account of the State in the Unemployment Trust Fund an amount
that the Secretary of the Treasury, in consultation with the Secretary
of Labor, determines is appropriate to ensure that the State account is
not insolvent. In no case may the amount transferred to the State
account under the preceding sentence exceed $1,000,000,000.
``(2)(A) Except as provided in paragraph (3), the amount
transferred to the State account pursuant to this subsection may be
used only in the payment of cash benefits--
``(i) to individuals with respect to their unemployment;
and
``(ii) which are allowable under subparagraph (B) or (C).
``(B)(i) At the option of the State, cash benefits under this
paragraph may include amounts which shall be payable as--
``(I) regular compensation; or
``(II) additional compensation, upon the exhaustion of any
temporary extended unemployment compensation (if the State has
entered into an agreement under part I of subtitle E of title
III of the Hurricane Katrina Disaster Relief and Economic
Recovery Act of 2005), for individuals eligible for regular
compensation under the unemployment compensation law of the
State.
``(ii) Any additional compensation under clause (i) may not be
taken into account for purposes of any determination relating to the
amount of any extended compensation for which an individual might be
eligible.
``(C)(i) At the option of the State, cash benefits under this
paragraph may include amounts which shall be payable to 1 or more
categories of individuals not otherwise eligible for regular
compensation under the unemployment compensation law of the State,
including those described in clause (iii).
``(ii) The benefits paid under this subparagraph to any individual
may not, for any period of unemployment, exceed the maximum amount of
regular compensation authorized under the unemployment compensation law
of the State for that same period, plus any additional compensation
(described in subparagraph (B)(i)) which could have been paid with
respect to that amount.
``(iii) The categories of individuals described in this clause
include the following:
``(I) Individuals who are seeking, or available for, only
part-time (and not full-time) work.
``(II) Individuals who would be eligible for regular
compensation under the unemployment compensation law of such
State under an alternative base period.
``(D) Amounts transferred to a State account under this subsection
may be used in the payment of cash benefits to individuals only for
weeks of unemployment beginning after the date of enactment of this
subsection.
``(3) Amounts transferred to a State account under this subsection
may be used for the administration of its unemployment compensation law
and public employment offices (including in connection with benefits
described in paragraph (2) and any recipients thereof), subject to the
same conditions as set forth in subsection (c)(2) (excluding
subparagraph (B) thereof, and deeming the reference to `subsections (a)
and (b)' in subparagraph (D) thereof to include this subsection).
``(4) Transfers under this subsection shall be made within 90 days
after the date of enactment of this paragraph.
``(5) State.--In this subsection, the term `State' means
Louisiana.''.
(b) Limitations on Transfers.--Subsection (b) of section 903(b) of
the Social Security Act (42 U.S.C. 1103) shall apply to transfers under
subsection (e) of such section (as added by subsection (a)). For
purposes of the preceding sentence, such subsection (b) shall be deemed
to be amended as follows:
(1) By substituting ``the transfer date described in
subsection (e)(4)'' for ``October 1 of any fiscal year''.
(2) By substituting ``remain in the Federal unemployment
account'' for ``be transferred to the Federal unemployment
account as of the beginning of such October 1''.
(3) By substituting ``fiscal year 2006 (after the transfer
date described in subsection (e)(4))'' for ``the fiscal year
beginning on such October 1''.
(4) By substituting ``under subsection (e)'' for ``as of
October 1 of such fiscal year''.
(5) By substituting ``(as of the close of fiscal year
2006)'' for ``(as of the close of such fiscal year)''.
(c) Technical Amendments.--(1) Sections 3304(a)(4)(B) and
3306(f)(2) of the Internal Revenue Code of 1986 are amended by striking
``or 903(d)(4)'' and inserting ``, 903(d)(4), or 903(e)(3)''.
(2) Section 303(a)(5) of the Social Security Act (42 U.S.C.
503(a)(5)) is amended in the second proviso by striking ``or
903(d)(4)'' and inserting ``, 903(d)(4), or 903(e)(3)''.
(d) Regulations.--The Secretary of Labor may prescribe any
operating instructions or regulations necessary to carry out this
section and the amendments made by this section.
Subtitle G--Assistance for Military Personnel and Defense Civilian
Employees
SEC. 361. ASSISTANCE FOR MEMBERS OF THE UNIFORMED SERVICES FROM
LOUISIANA.
(a) Departure Allowances.--Funds available to the Department of
Defense and Louisiana National Guard for the payment of departure
allowances under section 405a of title 37, United States Code, may be
used to make payments of such allowances in connection with the
relocation, from residences in parishes in the State of Louisiana
designated by the President as major disaster areas pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) due to a natural disaster, of dependents of
members of the uniformed services serving on active duty and dependents
of members of reserve components deployed in State service. The
allowances authorized by this subsection shall be retroactive to August
28, 2005.
(b) Compensation for Uninsured Losses.--Funds available to the
Department of Defense and the Louisiana National Guard shall be
available, until December 31, 2006, for the payment of up to $50,000
per claim for personal property damage and losses incurred by members
of the uniformed services, including members of reserve components, on
or after August 28, 2005, due to a natural disaster when those losses
are incurred in parishes in the State of Louisiana designated by the
President as major disaster areas pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
SEC. 362. ASSISTANCE FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE.
The departure of civilian employees of the Department of Defense
and their dependents from parishes in the State of Louisiana designated
by the President as major disaster areas pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) due to a natural disaster on or after August 28, 2005, shall
be considered an evacuation for the purpose of section 5725 of title 5,
United States Code.
TITLE IV--PUBLIC RELIEF, SMALL BUSINESS, AND AGRICULTURE RECOVERY
Subtitle A--Education Assistance
SEC. 401. FEDERAL WORK STUDY.
(a) Waiver of 7 Percent Requirement.--In administering the Federal
work-study program under part C of title IV of the Higher Education Act
of 1965 (42 U.S.C. 2751 et seq.), the Secretary of Education shall
waive the requirement of section 443(b)(2)(B) of such Act (42 U.S.C.
2753) for fiscal year 2005 for an institution of higher education
described in subsection (b), including waiving any penalty or reduction
in funds associated with such section for such institution for academic
years 2005-2006 and 2006-2007.
(b) Institution of Higher Education.--An institution of higher
education described in this subsection is an institution of higher
education, as defined in sections 101 and 102 of the Higher Education
Act of 1965 (20 U.S.C. 1001, 1002), that--
(1) is located in an area in which an emergency or major
disaster was declared under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) due to the effects of Hurricane Katrina;
(2) entered into an agreement with the Secretary under part
C of title IV of such Act (42 U.S.C. 2751 et seq.) for fiscal
year 2005; and
(3) failed to expend the required 7 percent of funds under
section 443(b)(2)(B) of such Act (42 U.S.C. 2753(b)(2)(B)) by
August 29, 2005.
SEC. 402. ELIGIBILITY OF HOSPITALS FOR ASSISTANCE.
Title III of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end
the following:
``SEC. 326. ELIGIBILITY OF HOSPITALS FOR ASSISTANCE.
Notwithstanding any other provision of law, for any major disaster
declared under section 401 on or after August 1, 2005, the eligibility
of a hospital to receive assistance under this Act shall be determined
without regard to whether the hospital is a private nonprofit
facility.''.
SEC. 403. ASSISTANCE FOR STUDENTS AFFECTED BY HURRICANE KATRINA.
(a) Deferment of Loans Under Title IV.--An affected student who was
enrolled in an institution of higher education on August 29, 2005, and
whose attendance at such institution was interrupted because of the
impact of Hurricane Katrina on the student or on the institution, shall
be placed in deferment status with respect to loans made, insured, or
guaranteed under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) for such student for the period beginning on
August 29, 2005, and ending on the date such student enrolls in an
institution of higher education on not less than a half-time basis or
the date that is 180 days after August 29, 2005, whichever date is
earlier.
(b) Recalculation of the Expected Family Contribution.--
Notwithstanding part F of title IV of the Higher Education Act of 1965
(20 U.S.C. 1087kk et seq.), for the 2005-2006 and 2006-2007 award
years, the Secretary of Education shall calculate the amount of need of
an affected student for financial assistance under title IV of such Act
as if such student had an expected family contribution equal to zero.
(c) Affected Student.--In this section, the term ``affected
student'' means a student who was residing in, employed in, or
attending an institution of higher education that is 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) due to the effects
of Hurricane Katrina.
Subtitle B--Small Business Recovery
SEC. 411. DISASTER LOANS.
Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is
amended by inserting immediately after paragraph (3) the following:
``(4) Disaster loans after hurricane katrina.--
``(A) Additional loan authority.--
``(i) Loans to small businesses.--In
addition to any other loan authorized by this
subsection, the Administrator may make such
loans under this subsection (either directly or
in cooperation with banks or other lending
institutions through agreements to participate
on an immediate or deferred basis) as the
Administrator determines appropriate to a small
business concern or small agricultural
cooperative 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.
``(ii) Loans to nonprofits.--In addition to
any other loan authorized by this subsection,
the Administrator may make such loans under
this subsection (either directly or in
cooperation with banks or other lending
institutions through agreements to participate
on an immediate or deferred basis) as the
Administrator determines appropriate to a non-
profit organization for purposes of repairing
damage caused by Hurricane Katrina or
performing other hurricane relief services in a
damaged area.
``(B) Increased loan caps.--
``(i) Aggregate loan amounts.--Except as
provided in clause (ii), the aggregate loan
amount outstanding and committed to a qualified
borrower under this paragraph may not exceed
$10,000,000.
``(ii) Waiver authority.--The Administrator
may, at the discretion of the Administrator,
waive the aggregate loan amount established
under clause (i).
``(C) Deferment of disaster loan payments.--
``(i) In general.--Notwithstanding any
other provision of law, payments of principal
and interest on a loan to a qualified borrower
made under this subsection before, on, or after
the date of enactment of this paragraph shall
be deferred, and no interest shall accrue with
respect to such loan, during the time period
described in clause (ii).
``(ii) Time period.--The time period for
purposes of clause (i) shall be 1 year from the
later of the date of enactment of this
paragraph or the date of issuance of a loan
described in clause (i), but may be extended to
2 years from such date, at the discretion of
the Administrator.
``(iii) Resumption of payments.--At the end
of the time period described in clause (ii),
the payment of periodic installments of
principal and interest shall be required with
respect to such loan, in the same manner and
subject to the same terms and conditions as
would otherwise be applicable to any other loan
made under this subsection.
``(D) Definitions.--In this paragraph, the
following definitions shall apply:
``(i) Damaged area.--The term `damaged
area' means an area which the President has
designated as a disaster area as a result of
Hurricane Katrina of August 2005.
``(ii) Qualified borrower.--The term
`qualified borrower' means a small business
concern or non-profit organization--
``(I) located in a damaged area; or
``(II) located in a State
contiguous to a damaged area that is
using, or intends to use, a loan made
under this subsection for purposes of
rebuilding or conducting operations in
a damaged area.''.
SEC. 412. DEVELOPMENT COMPANY DEBENTURES.
Section 503 of the Small Business Investment Act of 1958 (15 U.S.C.
697) is amended by adding at the end the following:
``(j) Debentures After Hurricane Katrina.--
``(1) Authority.--
``(A) In general.--In addition to any other
guarantee authorized by this section, the Administrator
may guarantee the timely payment of all principal and
interest as scheduled on any debenture issued to a
qualified borrower for purposes of rebuilding or
resuming operations in a damaged area, as the
Administrator determines appropriate.
``(B) Terms.--The Administrator shall establish a
fee for a guarantee issued under subparagraph (A) that
is lower than that for other guarantees under this
section.
``(2) Existing guarantees.--
``(A) In general.--Notwithstanding any other
provision of law, the Administrator may temporarily
defer payments of principal and interest on a guarantee
made to a qualified borrower under this section before
the date of enactment of this subsection to a small
business concern in a damaged area, in any case in
which the payments are owed to the Administration.
``(B) Payments to other parties.--Notwithstanding
any other provision of law, the Administrator may
temporarily make payments of principal and interest on
a loan made under this section before the date of
enactment of this subsection to a qualified borrower,
in any case in which the payments are owed to a person
other than the Administration.
``(C) Termination of authority.--The authority to
defer, or make, payments under this paragraph shall
terminate 1 year after the date of enactment of this
subsection.
``(3) Definitions.--In this subsection, the following
definitions shall apply:
``(A) Damaged area.--The term `damaged area' means
an area which the President has designated as a
disaster area as a result of Hurricane Katrina of
August 2005.
``(B) Qualified borrower.--The term `qualified
borrower' means a small business concern--
``(i) located in a damaged area; or
``(ii) 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.''.
SEC. 413. SMALL BUSINESS EMERGENCY RELIEF.
(a) Definitions.--As used in this subtitle--
(1) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act; and
(2) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively.
(b) Business Loan Programs.--Section 20(e)(1)(B) of the Small
Business Act (15 U.S.C. 631 note) is amended--
(1) by striking ``$25,050,000,000'' and inserting
``$30,550,000,000'';
(2) in clause (i), by striking ``$17,000,000,000'' and
inserting ``$20,000,000,000''; and
(3) in clause (ii), by striking ``$7,500,000,000'' and
inserting ``$10,000,000,000''.
(c) Appropriation.--
(1) In general.--There is authorized to be appropriated,
and there is appropriated, to the Department of Commerce
$150,000,000 to provide, through the Louisiana Department of
Economic Development, bridge grants and loans to small business
concerns located in the area which the President has designated
as a disaster area as a result of Hurricane Katrina, to assist
in covering costs of such concerns until they are able to
obtain loans through Administration assistance programs or
other sources.
(2) Terms.--For a loan made with funds appropriated under
paragraph (1)--
(A) such a loan shall initially be a
noncollateralized, low-interest loan;
(B) the first payment on such a loan shall be
deferred for at least 1 year after the date on which
the loan is made;
(C) the balance remaining on such a loan 5 years
after the date on which the loan is made shall be
forgiven entirely by the Louisiana Department of
Economic Development if the borrower has continued to
operate in the area which the President has designated
as a disaster area as a result of Hurricane Katrina
during that 5-year period; and
(D) such a loan may be forgiven by the Louisiana
Department of Economic Development, under such terms as
it may set, if the borrower cannot repay such loan.
(d) Disaster Loan Additional Amounts.--In addition to any other
amounts otherwise appropriated for such purpose, there is authorized to
be appropriated, and there is appropriated, to the Administration
$86,000,000, to make loans under section 7(b) of the Small Business
Act.
(e) Other Disaster Loans Following Hurricane Katrina.--
(1) In general.--Paragraph (4) of section 7(b) of the Small
Business Act (15 U.S.C. 636(b)), as added by this subtitle, is
amended by adding at the end the following:
``(E) Refinancing disaster loans after hurricane
katrina.--
``(i) In general.--Any loan made under this
subsection that was outstanding as to principal
or interest on August 24, 2005, may be
refinanced by a small business concern that is
located in an area designated by the President
as a disaster area as a result of Hurricane
Katrina of 2005 (in this paragraph referred to
as the `disaster area'), and the refinanced
amount shall be considered to be part of the
new loan for purposes of this subparagraph.
``(ii) No effect on eligibility.--A
refinancing under clause (i) by a small
business concern shall be in addition to any
other loan eligibility for that small business
concern under this Act.
``(F) Refinancing business debt.--
``(i) In general.--Any business debt of a
small business concern that was outstanding as
to principal or interest on August 24, 2005,
may be refinanced by the small business concern
if it is, or was on that date, located in the
disaster area. With respect to a refinancing
under this clause, payments of principal shall
be deferred, and interest may accrue, during
the 1-year period following the date of
refinancing, and the refinanced amount shall be
considered to be part of a new loan for
purposes of this subparagraph.
``(ii) Resumption of payments.--At the end
of the 1-year period described in clause (i),
the payment of periodic installments of
principal and interest shall be required with
respect to such loan, in the same manner and
subject to the same terms and conditions as
would otherwise be applicable to any other loan
made under this subsection.
``(G) Terms.--A loan under subparagraph (E) or (F)
shall be made at the same interest rate as economic
injury loans under paragraph (2).
``(H) Extended application period.--Notwithstanding
any other provision of law, the Administrator shall
accept applications for assistance under paragraphs (1)
and (4) until 1 year after the date on which the
President designated the area as a disaster area as a
result of Hurricane Katrina.
``(I) No sale.--No loan under this subsection made
as a result of Hurricane Katrina may be sold.''.
(2) Clerical amendments.--Section 7(b) of the Small
Business Act (15 U.S.C. 636(b)) is amended 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)''.
SEC. 414. ENTREPRENEURIAL DEVELOPMENT.
In addition to any other amounts authorized for any fiscal year,
there is authorized to be appropriated, and there is appropriated, to
the Administration, to remain available until expended--
(1) $21,000,000, to be used for activities of small
business development centers pursuant to section 21 of the
Small Business Act, $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, for the
activities described in section 8(b)(1)(B)(ii) of that Act,
$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 and for recipients of a grant under section 29(l)
of that Act, $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, $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 to aid and assist small
business concerns adversely affected by Hurricane Katrina.
SEC. 415. SMALL BUSINESS DEVELOPMENT CENTERS.
Section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) is
amended by adding at the end the following:
``(D) Fiscal years 2005 and 2006.--For fiscal years
2005 and 2006, the Administrator has the authority to
waive the maximum amount of $100,000 for grants under
subparagraph (C)(viii) for small business development
centers assisting small business concerns adversely
affected by Hurricane Katrina.''.
SEC. 416. HUBZONES.
Section 3(p)(1) of the Small Business Act (15 U.S.C. 632(p)(1)) is
amended--
(1) in subparagraph (D), by striking ``or'';
(2) in subparagraph (E), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(F) the Hurricane Katrina disaster area, as
designated by the Administrator.''.
SEC. 417. OUTREACH PROGRAMS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall establish a contracting outreach
and technical assistance program for small business concerns which have
had a primary place of business in, or other significant presence in
the Hurricane Katrina disaster area at any time following the 60 days
prior to the designation of such area by the Administrator.
(b) Administrator Action.--The Administrator may fulfill the
requirement of subsection (a) by acting through--
(1) the Administration;
(2) the Federal agency small business officials designated
under section 15(k)(1) of the Small Business Act (15 U.S.C.
644(k)(1)); or
(3) any Federal, State, or local government entity, higher
education institution, or private nonprofit organization that
the Administrator may deem appropriate, upon conclusion of a
memorandum of understanding or assistance agreement, as
appropriate, with the Administrator.
SEC. 418. SMALL BUSINESS BONDING THRESHOLD.
Notwithstanding any other provision of law, for all procurements
related to Hurricane Katrina, the Administrator may, upon such terms
and conditions as it 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
$10,000,000.
SEC. 419. SUPPLEMENTAL EMERGENCY LOANS.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended by adding at the end the following:
``(32) Supplemental emergency loans after hurricane
katrina.--
``(A) Loan authority.--In addition to any other
loan authorized by this subsection, the Administrator
shall make such loans under this subsection (either
directly or in cooperation with banks or other lending
institutions through agreements to participate on an
immediate or deferred basis) as the Administrator
determines appropriate to a small business concern
adversely affected by Hurricane Katrina, subject to
subparagraph (B).
``(B) Oversight protections.--In making any loan
under subparagraph (A)--
``(i) the borrower shall be made aware that
such loans are for those adversely affected by
Hurricane Katrina; and
``(ii) if such loans are made in
cooperation with a bank or other lending
institution--
``(I) lenders shall document for
the Administrator how the borrower was
adversely affected by Hurricane
Katrina, whether directly, or
indirectly; and
``(II) not later than 6 months
after the date of enactment of this
paragraph, and every 6 months
thereafter until the date that is 18
months after the date of enactment of
this paragraph, the Comptroller General
shall make a report regarding such
loans to the Committee on Small
Business and Entrepreneurship of the
Senate and the Committee on Small
Business of the House of
Representatives, including verification
that such loans are being used for
purposes authorized by this paragraph.
``(C) Fees.--
``(i) In general.--Notwithstanding any
other provision of law, the Administrator
shall, in lieu of the fee established under
paragraph (23)(A), collect an annual fee of
0.25 percent of the outstanding balance of
deferred participation loans made under this
subsection to qualified borrowers for a period
of 1 year after the date of enactment of this
paragraph.
``(ii) Guarantee fees.--Notwithstanding any
other provision of law, the guarantee fee under
paragraph (18)(A) for a period of 1 year after
the date of enactment of this subparagraph
shall be as follows:
``(I) A guarantee fee equal to 1
percent of the deferred participation
share of a total loan amount that is
not more than $150,000.
``(II) A guarantee fee equal to 2.5
percent of the deferred participation
share of a total loan amount that is
more than $150,000, but not more than
$700,000.
``(III) A guarantee fee equal to
3.5 percent of the deferred
participation share of a total loan
amount that is more than $700,000.''.
(b) Appropriation.--There is authorized to be appropriated, and
there is appropriated, $75,000,000 to carry out section 7(a)(32) of the
Small Business Act, as amended by subsection (a).
SEC. 420. SMALL BUSINESS PARTICIPATION.
In order to facilitate the maximum practicable participation of
small business concerns in activities related to relief and recovery
from Hurricane Katrina, the Administrator and the head of any Federal
agency making procurements related to the aftermath of Hurricane
Katrina, shall set a goal, to be met within a reasonable time, of
awarding to small business concerns not less than 30 percent of amounts
expended for prime contracts and not less than 40 percent of amounts
expended for subcontracts on procurements by such agency related to the
aftermath of Hurricane Katrina.
SEC. 421. ENERGY EMERGENCY RELIEF.
(a) Small Business and Farm Energy Emergency Disaster Loan
Program.--
(1) Small business disaster loan authority.--Section 7(b)
of the Small Business Act (15 U.S.C. 636(b)) is amended by
inserting immediately after paragraph (4), as added by this
subtitle, the following:
``(5)(A) For purposes of this paragraph--
``(i) the term `base price index' means the moving
average of the closing unit price on the New York
Mercantile Exchange for heating oil, natural gas,
gasoline, or propane for the 10 days, in each of the
most recent 2 preceding years, which correspond to the
trading days described in clause (ii);
``(ii) the term `current price index' means the
moving average of the closing unit price on the New
York Mercantile Exchange, for the 10 most recent
trading days, for contracts to purchase heating oil,
natural gas, gasoline, or propane during the subsequent
calendar month, commonly known as the `front month';
``(iii) the term `significant increase' means--
``(I) with respect to the price of heating
oil, natural gas, gasoline, or propane, any
time the current price index exceeds the base
price index by not less than 40 percent; and
``(II) with respect to the price of
kerosene, any increase which the Administrator,
in consultation with the Secretary of Energy,
determines to be significant; and
``(iv) a small business concern engaged in the
heating oil business is eligible for a loan, if the
small business concern sells not more than 10,000,000
gallons of heating oil per year.
``(B) The Administration may make such loans, either
directly or in cooperation with banks or other lending
institutions through agreements to participate on an immediate
or deferred basis, to assist a small business concern that has
suffered or that is likely to suffer substantial economic
injury on or after January 1, 2005, as the result of a
significant increase in the price of heating oil, natural gas,
gasoline, propane, or kerosene occurring on or after January 1,
2005.
``(C) Any loan or guarantee extended pursuant to this
paragraph shall be made at the same interest rate as economic
injury loans under paragraph (2).
``(D) No loan may be made under this paragraph, either
directly or in cooperation with banks or other lending
institutions through agreements to participate on an immediate
or deferred basis, if the total amount outstanding and
committed to the borrower under this subsection would exceed
$1,500,000, unless such borrower constitutes a major source of
employment in its surrounding area, as determined by the
Administrator, in which case the Administrator, in its
discretion, may waive the $1,500,000 limitation.
``(E) For purposes of assistance under this paragraph--
``(i) a declaration of a disaster area based on
conditions specified in this paragraph shall be
required, and shall be made by the President or the
Administrator; or
``(ii) if no declaration has been made pursuant to
clause (i), the Governor of a State in which a
significant increase in the price of heating oil,
natural gas, gasoline, propane, or kerosene has
occurred may certify to the Administration that small
business concerns have suffered economic injury as a
result of such increase and are in need of financial
assistance which is not otherwise available on
reasonable terms in that State, and upon receipt of
such certification, the Administration may make such
loans as would have been available under this paragraph
if a disaster declaration had been issued.
``(F) Notwithstanding any other provision of law, loans
made under this paragraph may be used by a small business
concern described in subparagraph (B) to convert from the use
of heating oil, natural gas, gasoline, propane, or kerosene to
a renewable or alternative energy source, including agriculture
and urban waste, geothermal energy, cogeneration, solar energy,
wind energy, or fuel cells.''.
(2) Conforming amendments.--Section 3(k) of the Small
Business Act (15 U.S.C. 632(k)) is amended--
(A) by inserting ``, significant increase in the
price of heating oil, natural gas, gasoline, propane,
or kerosene'' after ``civil disorders''; and
(B) by inserting ``other'' before ``economic''.
(3) Report.--Not later than 12 months after the date on
which the Administrator issues guidelines under subsection
(c)(1), and annually thereafter, the Administrator shall submit
to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives, a report on the effectiveness of the
assistance made available under section 7(b)(5) of the Small
Business Act, as added by this subsection, including--
(A) the number of small business concerns that
applied for a loan under that section 7(b)(5) and the
number of those that received such loans;
(B) the dollar value of those loans;
(C) the States in which the small business concerns
that received such loans are located;
(D) the type of energy that caused the significant
increase in the cost for the participating small
business concerns; and
(E) recommendations for ways to improve the
assistance provided under that section 7(b)(5), if any.
(4) Effective date.--The amendments made by this subsection
shall apply during the 4-year period beginning on the earlier
of the date on which guidelines are published by the
Administrator under subsection (c)(1), or 30 days after the
date of enactment of this Act, with respect to assistance under
section 7(b)(5) of the Small Business Act, as added by this
subsection.
(b) Farm Energy Emergency Relief.--
(1) In general.--Section 321(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1961(a)) is amended--
(A) in the first sentence--
(i) by striking ``operations have'' and
inserting ``operations (i) have''; and
(ii) by inserting before ``: Provided,''
the following: ``, or (ii)(I) are owned or
operated by such an applicant that is also a
small business concern (as defined in section 3
of the Small Business Act (15 U.S.C. 632)), and
(II) have suffered or are likely to suffer
substantial economic injury on or after January
1, 2005, as the result of a significant
increase in energy costs or input costs from
energy sources occurring on or after January 1,
2005, in connection with an energy emergency
declared by the President or the Secretary'';
(B) in the third sentence, by inserting before the
period at the end the following: ``or by an energy
emergency declared by the President or the Secretary'';
and
(C) in the fourth sentence--
(i) by inserting ``or energy emergency''
after ``natural disaster'' each place that term
appears; and
(ii) by inserting ``or declaration'' after
``emergency designation''.
(2) Funding.--Funds available on the date of enactment of
this Act for emergency loans under subtitle C of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et
seq.) shall be available to carry out the amendments made by
paragraph (1) to meet the needs resulting from natural
disasters.
(3) Report.--Not later than 12 months after the date on
which the Secretary of Agriculture issues guidelines under
subsection (c)(1), and annually thereafter, the Secretary shall
submit to the Committee on Small Business and Entrepreneurship
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate and to the Committee on Small Business and the
Committee on Agriculture of the House of Representatives, a
report that--
(A) describes the effectiveness of the assistance
made available under section 321(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961(a)), as
amended by this subsection; and
(B) contains recommendations for ways to improve
the assistance provided under such section 321(a).
(4) Effective date.--The amendments made by this subsection
shall apply during the 4-year period beginning on the earlier
of the date on which guidelines are published by the Secretary
of Agriculture under subsection (c)(1), or 30 days after the
date of enactment of this Act, with respect to assistance under
section 321(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1961(a)), as amended by this subsection.
(c) Guidelines and Rulemaking.--
(1) Guidelines.--Not later than 30 days after the date of
enactment of this Act, the Administrator and the Secretary of
Agriculture shall each issue guidelines to carry out
subsections (a) and (b), respectively, and the amendments made
thereby, which guidelines shall become effective on the date of
their issuance.
(2) Rulemaking.--Not later than 30 days after the date of
enactment of this Act, the Administrator, after consultation
with the Secretary of Energy, shall promulgate regulations
specifying the method for determining a significant increase in
the price of kerosene under section 7(b)(5)(A)(iii)(II) of the
Small Business Act, as added by this section.
SEC. 422. 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(a)), as
amended by this subtitle, except for subsection 7(a)(23)(C), or
financings made under title V of the Small Business Investment Act of
1958 (15 U.S.C. 695 et seq.), as amended by this subtitle, on and after
the date of enactment of this Act, 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. 423. EMERGENCY SPENDING.
Appropriations under this subtitle are designated as emergency
spending, as provided under section 402 of H. Con. Res. 95 (109th
Congress).
Subtitle C--Agriculture
SEC. 431. SHORT TITLE.
This subtitle may be cited as the ``Louisiana Hurricane Katrina
Agricultural Disaster Relief Act of 2005''.
SEC. 432. APPLICATION TO LOUISIANA PARISHES DESIGNATED AS DISASTER
AREAS DUE TO HURRICANE KATRINA OR RELATED CONDITIONS.
In this subtitle, the term ``disaster parish'' means a parish in
the State of Louisiana, all or a portion of which is included in the
geographic area covered by a natural disaster declaration--
(1) made by the Secretary of Agriculture under section
321(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961(a)) due to Hurricane Katrina or related conditions;
or
(2) made by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.) due to Hurricane Katrina or related conditions.
SEC. 433. CROP DISASTER ASSISTANCE.
(a) Emergency Financial Assistance.--Notwithstanding section
508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the
Secretary of Agriculture shall use $25,000,000 of the funds of the
Commodity Credit Corporation to make emergency financial assistance
authorized under this section available to producers on a farm in a
disaster parish (other than producers of sugar cane) that have incurred
qualifying crop or quality losses for the 2005 crop of an insurable
commodity or noninsurable commodity due to Hurricane Katrina or a
related condition. In the case strawberries, assistance under this
section shall be available for the 2005 and 2006 crops for damages to
such crops due to Hurricane Katrina or a related condition.
(b) Administration.--The Secretary of Agriculture shall make
assistance available under this section in the same manner as provided
under section 815 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001 (Public
Law 106-387; 114 Stat. 1549A-55), including using the same loss
thresholds for the quantity and quality losses as were used in
administering that section.
(c) Ineligibility for Assistance.--Except as provided in subsection
(d), the producers on a farm shall not be eligible for assistance under
this section with respect to losses to an insurable commodity or
noninsurable commodity if the producers on the farm--
(1) in the case of an insurable commodity, did not obtain a
policy or plan of insurance for the insurable commodity under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the
crop incurring the losses;
(2) in the case of a noninsurable commodity, did not file
the required paperwork, and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop
incurring the losses;
(3) had adjusted gross incomes, as defined by section 1001D
of the Food Security Act of 1985, of greater than $2,500,000 in
2004; or
(4) were not in compliance with highly erodible land
conservation and wetland conservation provisions.
(d) Contract Waiver.--The Secretary of Agriculture may waive
subsection (c) with respect to the producers on a farm if the producers
enter into a contract with the Secretary under which the producers
agree--
(1) in the case of all insurable commodities produced on
the farm for each of the next two crop years--
(A) to obtain additional coverage for those
commodities under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.); and
(B) in the event of violation of the contract, to
repay to the Secretary any payment received under this
section; and
(2) in the case of all noninsurable commodities produced on
the farm for each of the next two crop or calendar years, as
applicable--
(A) to file the required paperwork, and pay the
administrative fee by the applicable State filing
deadline, for those commodities under section 196 of
the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7333); and
(B) in the event of violation of the contract, to
repay to the Secretary any payment received under this
section.
(e) Payment Limitations.--
(1) Limit on amount of assistance.--Assistance provided
under this section to a producer for losses to a crop, together
with the amounts specified in paragraph (2) applicable to the
same crop, may not exceed 95 percent of what the value of the
crop would have been in the absence of the losses, as estimated
by the Secretary of Agriculture.
(2) Other payments.--In applying the limitation in
paragraph (1), the Secretary shall include the following:
(A) Any crop insurance payment made under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or
payment under section 196 of the Federal Agricultural
Improvement and Reform Act of 1996 (7 U.S.C. 7333) that
the producer receives for losses to the same crop.
(B) The value of the crop that was not lost (if
any), as estimated by the Secretary.
(f) Definitions.--In this section:
(1) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b)(1) of the
Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
(2) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for which
the producers on a farm are eligible to obtain a policy or plan
of insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(3) Noninsurable commodity.--The term ``noninsurable
commodity'' means an eligible crop for which the producers on a
farm are eligible to obtain assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
SEC. 434. SUGARCANE DISASTER ASSISTANCE.
(a) Compensation for Losses.--The Secretary of Agriculture shall
make available to a first processor of sugarcane that operates in a
disaster parish or obtains sugarcane from a disaster parish and that is
eligible to obtain a loan under section 156(a) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a))
assistance, in the form of payments or commodities in the inventory of
the Commodity Credit Corporation derived from carrying out that
section, to partially compensate producers and first processors for
crop and other losses due to Hurricane Katrina.
(b) Administration.--Assistance under subsection (a) shall be--
(1) shared by an affected first processor with affected
producers that provide commodities to the processor in a manner
that reflects contracts entered into between the processor and
the producers; and
(2) made available under such terms and conditions as the
Secretary of Agriculture determines are necessary to carry out
subsection (a).
(c) Amount of Assistance.--To carry out subsection (a), the
Secretary of Agriculture shall--
(1) use 336,697 tons of commodities in the inventory of the
commodity Credit Corporation under section 156(a) of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7272 (a));
(2) make payments in an aggregate amount equal to the
market value of the quantity of commodities specified in
paragraph (1); or
(3) take any combination of actions described in paragraphs
(1) and (2) using commodities or payments with a total value
equal to the market value of the quantity of commodities
specified in paragraph (1).
(d) Limitation.--Out of any funds in the Treasury that are not
otherwise appropriated, there is appropriated to carry out this
section, $125,000,000 for fiscal year 2005, to remain available until
expended.
(e) Sugarcane Research Facility.--The Secretary of Agriculture
shall use $25,490,073 of the funds of the Commodity Credit Corporation
to complete the Sugarcane Research Laboratory of the Agricultural
Research Service at Houma, Louisiana.
(f) Buildings and Facilities.--The Secretary of Agriculture shall
use $120,000,000 of funds of the Commodity Credit Corporation for the
clean up, renovation, repair, and replacement of laboratory facilities
and equipment at the Southern Regional Research Center of the
Agricultural Research Service at New Orleans, Louisiana.
SEC. 435. COMPENSATION FOR INFRASTRUCTURE LOSSES.
(a) Infrastructure Losses.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to the Secretary of
Agriculture, $40,000,000 to compensate agricultural producers on a farm
operating in a disaster parish for costs incurred to repair or replace
barns and other structures, equipment, and fencing that--
(1) was used to produce an agricultural commodity; and
(2) was damaged or destroyed by Hurricane Katrina or
related conditions or in responding to the aftermath of the
hurricane.
(b) Timing of Assistance.--The Secretary of Agriculture may provide
assistance authorized under this section in the form of--
(1) reimbursement for eligible repair or replacement costs
previously incurred by producers; or
(2) cash or in-kind assistance in advance of the producer
undertaking the needed repair or replacement work.
(c) Payment Limitations.--Assistance provided under this section to
a producer for a repair or replacement project, together with amounts
received for the same project from insurance proceeds, section or other
sources, may not exceed 95 percent of the costs incurred to repair or
replace the damaged or destroyed structures, equipment, or fencing, as
estimated by the Secretary of Agriculture.
SEC. 436. ASSISTANCE TO DAIRY AND LIVESTOCK PRODUCERS.
(a) Dairy Cattle Losses.--The Secretary of Agriculture shall use
$250,000 of funds of the Commodity Credit Corporation to make payments
for dairy cattle losses of dairy producers in disaster parishes due to
Hurricane Katrina or related conditions. To the maximum extent
practicable, the Secretary shall make assistance available under this
subsection in the same manner as provided under section 806 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-51). A disaster parish so declared by the President as a
result of Hurricane Katrina in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) that does not qualify for assistance under this section
shall be eligible for assistance in the same manner as provided in
section 203 of the Agricultural Assistance Act of 2003 (16 U.S.C. 3801
note).
(b) Indemnity Program for Other Livestock Losses.--The Secretary of
Agriculture shall use $11,000,000 of the funds of the Commodity Credit
Corporation to carry out a livestock indemnity program to make payments
to producers on farms in disaster parishes that have incurred livestock
losses, not covered by subsection (a), due to Hurricane Katrina or
related conditions. To the maximum extent practicable, the Secretary
shall use the criteria established under the program referred to under
the heading ``livestock indemnity program'' in chapter 1 of title I of
the 1999 Emergency Supplemental Appropriations Act (Public Law 106-31;
113 Stat. 59), except that the Secretary shall use a payment rate of
$1,000 per head of cattle and shall not impose any limitation on the
maximum amount of payments that a producer may receive under this
subsection.
(c) Dairy Production Losses.--The Secretary of Agriculture shall
use $5,000,000 of funds of the Commodity Credit Corporation to
compensate dairy producers operating in disaster parishes for dairy
production losses and dairy spoilage losses incurred in the aftermath
of Hurricane Katrina.
(d) Livestock Compensation Program.--The Secretary of Agriculture
shall use $5,000,000 of the funds of the Commodity Credit Corporation
to carry out a livestock compensation program to make payments for
livestock-related losses, not covered by subsection (b), in disaster
parishes due to Hurricane Katrina or related conditions. To the maximum
extent practicable, the Secretary shall use the criteria established
under the program referred to in section 203(a) of the Agricultural
Assistance Act of 2003 (title II of division N of the Consolidated
Appropriations Resolution, 2003; Public Law 108-7; 117 Stat. 539),
except that the Secretary shall not impose any limitation on the
maximum amount of payments that a producer may receive under this
subsection.
(e) Emergency Animal Health and Forage Costs.--The Secretary of
Agriculture shall use $4,375,000 of funds of the Commodity Credit
Corporation to compensate dairy producers operating in disaster
parishes for emergency dairy cattle health costs and increased forage
costs due to a 30- to 90-day delay in planning in the aftermath of
Hurricane Katrina.
SEC. 437. EMERGENCY CITRUS DISASTER, NURSERY CROP AND CHRISTMAS TREE
DISASTER, AND STRAWBERRY, HORTICULTURAL CROPS, FALL
FRUITS AND VEGETABLES DISASTER PROGRAMS.
(a) Programs Required.--The Secretary of Agriculture shall transfer
to the fund established by section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), $34,000,000 of funds of the Commodity Credit Corporation
to carry out a Citrus Disaster Program, Nursery Crop and Christmas Tree
Disaster Program, and Strawberry, Horticultural Crops, Fall Fruits and
Vegetables Program in disaster parishes due to Hurricane Katrina or
related conditions.
(b) Administration.--
(1) In general.--Except as otherwise provided in this
subsection, the disaster programs required by subsection (a)
shall be carried out by the Secretary of Agriculture in the
same manner as the special disaster relief programs carried out
for producers who suffered from crop damage and tree losses,
and who had to perform related cleanup, in certain areas of
Florida due to Hurricanes Charley, Frances and Jeanne during
August and September 2004. Because of the complete destruction
of the business records of many producers, the Secretary shall
use the best available information in determining eligibility,
determining losses, and calculating payment amounts under the
programs.
(2) Special acreage compensation amount for citrus
losses.--Because of the complete loss of the Louisiana citrus
crop due to Hurricane Katrina, the Secretary shall use only
Tier 1 of the Florida Citrus Disaster Program in administering
the Citrus Disaster Program required by subsection (a), and the
per acre compensation for crop loss and associated tree damage
in eligible groves of citrus shall be $9,023 rather than
$1,500.
(3) Special loss threshold and payment rate for
horticultural crops.--In the case of the Strawberry,
Horticultural Crops, Fall Fruits and Vegetables Program
required by subsection (a), the Secretary shall cover losses
greater than 35 percent, rather than 50 percent, and use a
single payment rate of $2,500 per acre for planted fruits and
vegetables.
(4) Special payment rate for severe nursery crop losses.--
In the case of nursery crop losses of greater than 25 percent
under the Nursery Crop and Christmas Tree Disaster Program
required by subsection (a), the Secretary shall pay 75 percent
of the actual dollar amount loss, rather than 25 percent.
(5) Payment limitations.--The Secretary shall not impose
any limitation on the maximum amount of payments that a
producer may receive under a program required by subsection
(a).
(c) Relation to Other Assistance.--Persons that receive payments
from section 32 of the Act of August 24, 1935, pursuant to a disaster
program required by subsection (a) are not eligible for payments for
qualifying crop or quality losses under the general crop disaster
assistance authority of section 443.
SEC. 438. CONSERVATION PROGRAMS.
(a) Temporary Sodbuster and Swampbuster Waiver.--Subtitles B and C
of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.)
shall not apply in a disaster parish during the two-year period
beginning on the date of enactment of this Act.
(b) Debris Removal.--The Secretary of Agriculture may use the
Natural Resources Conservation Service to conduct debris-removal
activities on non-Federal forest land, with the permission of the owner
of the land, in a disaster parish to reduce the risk of future
catastrophic wildfires that would adversely affect watersheds and rural
communities.
(c) Additional Emergency Watershed Protection Program Funds.--The
Secretary of Agriculture shall use an additional $190,000,000 of the
funds of the Commodity Credit Corporation for the Emergency Watershed
Protection Program to provide additional funds for the repair of
damages to waterways and watersheds in disaster parishes resulting from
Hurricane Katrina.
(d) Additional Emergency Conservation Program Funds.--The Secretary
of Agriculture shall use an additional $40,000,000 of the funds of the
Commodity Credit Corporation to provide assistance under the Emergency
Conservation Program under title IV of the Agricultural Credit Act of
1978 (16 U.S.C. 2201 et seq.) in parishes in the State of Louisiana
declared to be disaster areas by the President due to Hurricane Katrina
and related conditions.
SEC. 439. TREE ASSISTANCE PROGRAM.
(a) Inclusion of Timber and Christmas Tree Crops.--In administering
the tree assistance program established under sections 10201 through
10204 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8201 et seq.), the Secretary of Agriculture shall provide $25,000,000
to forest land owners who produce periodic crops of timber or Christmas
trees for commercial purposes and who have suffered tree losses in
disaster parishes due to Hurricane Katrina or related conditions
(b) Cost-Sharing Waivers.--
(1) Tree assistance program.--The cost-sharing requirements
of section 10203(1) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8203(1)) shall not apply to the operation
of the tree assistance program in disaster parishes in response
to Hurricane Katrina or related conditions.
(2) Cooperative forestry assistance act.--The cost-sharing
requirements of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2101) shall not apply in disaster parishes during
the two-year period beginning on the date of enactment of this
Act.
(c) Relation to Other Assistance.--Persons that receive payments
from section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), pursuant
to the Citrus Disaster Program required by section 447 are not eligible
for payments under the tree assistance program.
(d) Additional State and Private Forestry Program Funds.--The
Secretary of Agriculture shall use an additional $28,300,000 of the
funds of the Commodity Credit Corporation to support State and Private
Forestry programs of the Department of Agriculture to provide
additional funds for the restoration and rehabilitation of forest lands
destroyed or damaged by Hurricane Katrina in disaster parishes.
SEC. 440. ADDITIONAL FUNDS FOR COOPERATIVE STATE RESEARCH, EDUCATION,
AND EXTENSION SERVICE.
The Secretary of Agriculture shall use an additional $34,193,591 of
the funds of the Commodity Credit Corporation to support the research
and education activities of the Cooperative State Research, Education,
and Extension Service in disaster parishes. Of such amount, $9,060,000
shall be made available to the Louisiana Agricultural Experiment
Station, $10,133,591 shall be made available to the Louisiana
Cooperative Extension Service, and $15,000,000 shall be made available
to the Louisiana State University Agricultural Center to carry out the
Hurricane Forestry Damage Research Initiative.
SEC. 441. DELTA REGIONAL AUTHORITY EXPANSION.
(a) Definition of Region.--For purposes of subtitle F of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa et seq.),
any area affected by a declaration of a major disaster in accordance
with section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170) in response to Hurricane
Katrina shall be considered to be a region (as defined in section 382A
of that subtitle).
(b) Economic and Community Development Grants.--For purposes of
section 382C of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009aa-2), the Delta Regional Authority may approve a grant to a
State or a public or nonprofit entity in the State of Louisiana to
provide economic redevelopment assistance in response to damage from
Hurricane Katrina or a related condition, or any other nationally
significant incident, as determined by the President.
(c) Funding Limitation.--Funding limitations under section 382D(b)
of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-
3(b)) shall not apply to any reconstruction effort relating to a major
disaster declared in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)
in response to Hurricane Katrina for the 3-year period beginning on the
date on which the major disaster is declared.
(d) Appropriation.--
(1) In general.--Out of any funds of the Treasury not
otherwise appropriated, there is appropriated to the Secretary
of Agriculture, $250,000,000 for fiscal year 2005 to provide
economic and community development grants in accordance with
section 382C of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2009aa-2) for projects in communities affected by
Hurricane Katrina or a related condition.
(2) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.
SEC. 442. WATER AND WASTE DISPOSAL LOAN AND GRANT PROGRAMS.
In the case of water or waste disposal grants or direct or
guaranteed loans under paragraph (1), (2), or (24) of section 306(a) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) made
in an area designated a major disaster area by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), section 343(a)(13)(B) of that Act and section
149(b) of the Internal Code of 1986 shall not apply.
SEC. 443. COMMUNITY FACILITIES LOAN AND GRANT PROGRAMS.
(a) In General.--In the case of community facility direct and
guaranteed loans under section 306(a)(1) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)(1)) and community facility
grants under paragraph (19), (20), or (21) of section 306(a) of that
Act made in an area designated a major disaster area by the President
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), sections 306(a)(21)(A)(iv) and
343(a)(13)(C) of that Act and section 149(b) of the Internal Code of
1986 shall not apply.
(b) Restructuring.--A borrower receiving a guaranteed loan or grant
described in subsection (a) as of the date of enactment of this Act may
restructure the loan at new rates and terms regardless of the status of
the loan.
(c) Reduction of guarantee fee.--Notwithstanding any provision of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
(including associated regulations), the Secretary of Agriculture may
waive all or part of any fee associated with a guaranteed loan
described in subsection (a).
SEC. 444. RURAL COMMUNITY ADVANCEMENT FUNDS.
(a) In General.--Subject to subsection (b), in addition to any
other amounts made available by law, the Secretary of Agriculture shall
use--
(1) $120,000,000 to make water and waste disposal direct
loans under section 306(a)(1) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)(1));
(2) $60,000,000 to make water and waste disposal grants
under section 306(a)(2) of that Act (7 U.S.C. 1926(a)(2));
(3) $10,000,000 to make water and waste disposal guaranteed
loans under section 306(a)(24) of that Act (7 U.S.C.
1926(a)(24));
(4) $20,000,000 to make emergency community water
assistance grants under section 306A of that Act (7 U.S.C.
1926a);
(5) $120,000,000 to make community facilities direct loans
under section 306(a)(1) of that Act (7 U.S.C. 1926(a)(1));
(6) $60,000,000 to make community facilities grants under
paragraph (19), (20), or (21) of section 306(a) of that Act (7
U.S.C. 1926(a)); and
(7) $20,000,000 to make community facilities guaranteed
loans under section 306(a)(1) of that Act (7 U.S.C. 1926(a)).
(b) Requirement.--Loans and grants funded under this section shall
be available for projects in communities in the State of Louisiana in
areas that have been designated as major disaster areas by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(c) Emergency Designation.--The amounts made available by the
transfer of funds in or pursuant to this section are designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
SEC. 445. REGULATIONS.
(a) In General.--The Secretary of Agriculture may promulgate such
regulations as are necessary to implement this subtitle and the
amendments made by this subtitle.
(b) Procedure.--The promulgation of the regulations and
administration of this subtitle and the amendments made by this
subtitle shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary of Agriculture shall use the authority
provided under section 808 of title 5, United States Code.
Subtitle D--Privately Owned Utility Restoration
SEC. 461. SHORT TITLE.
This subtitle may be cited as the ``Privately Owned Utility System
Restoration Act of 2005''.
SEC. 462. DEFINITIONS.
In this subtitle:
(1) Direct loss.--The term ``direct loss'' means an amount
equal to the sum of--
(A) the total undepreciated costs of any plant and
property of a privately owned utility that is no longer
used or useful as a result of Hurricane Katrina; and
(B) the total restoration costs of a privately
owned utility.
(2) Electric utility company.--The term ``electric utility
company'' has the meaning given the term in section 1262 of the
Public Utility Holding Company Act of 2005 (Public Law 109-58).
(3) Gas utility company.--The term ``gas utility company''
has the meaning given the term in section 1262 of the Public
Utility Holding Company Act of 2005 (Public Law 109-58).
(4) Incremental loss.--The term ``incremental loss'' means
the amount, calculated on a monthly basis, that is equal to the
difference between--
(A) an amount equal to the difference between--
(i) the most recent total revenue
requirement of the privately owned utility, as
established by the regulatory authority with
jurisdiction over the retail rates of the
privately owned utility; and
(ii) the sum of--
(I) direct fuel and purchased
energy costs; and
(II) the costs associated with the
recovery of the undepreciated cost of
all plants of the privately owned
utility that are no longer used or
useful as a result of Hurricane
Katrina; and
(B) the total amount of revenues recovered from
customers of the privately owned utility during the
applicable period, excluding the portion of the
customer revenues that is attributable to the recovery
of direct fuel and purchased energy costs.
(5) Privately owned utility.--The term ``privately owned
utility'' means an electric utility company or a gas utility
company.
(6) Restoration cost.--The term ``restoration cost'' means
the amount equal to the difference between--
(A) any costs incurred by a privately owned utility
as a result of Hurricane Katrina that are eligible to
be recorded by a privately owned utility under the
sections of the Federal Energy Regulatory Commission
Uniform System of Accounts in which storm damage and
restoration costs are recorded, including the accounts
numbered 107, 108, 118, 119, 174.1, and 228.1, as
determined by the rules and regulations of the
regulatory authority having jurisdiction over the
retail rates of the privately owned utility; and
(B) any insurance proceeds received by the
privately owned utility that relate to direct losses
and restoration costs of the privately owned utility.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 463. PRIVATELY OWNED UTILITY DISASTER RELIEF.
(a) In General.--Notwithstanding any other provision of law and
subject to section 454, the President shall, in accordance with
subsection (b), compensate privately owned utilities in the State of
Louisiana (including the city of New Orleans) for losses incurred as a
result of Hurricane Katrina.
(b) Compensation for Direct and Incremental Losses.--
(1) In general.--The President shall compensate privately
owned utilities for--
(A) direct losses to the transmission,
distribution, and generation facilities and
infrastructure of electric utility companies and direct
losses to the facilities and infrastructure of gas
utility companies incurred, beginning on August 29,
2005, by privately owned utilities as a result of
Hurricane Katrina; and
(B) the incremental losses incurred during the
period beginning August 29, 2005, and ending December
31, 2007, by the privately owned utilities as a result
of Hurricane Katrina.
(2) Limitations.--
(A) Maximum amount.--The total amout of
compensation that may be provided to any 1 privately
owned utility under paragraph (1) shall be
$2,500,000,000.
(B) Load requirements.--
(i) In general.--A privately owned utility
shall not be entitled to monthly payments under
paragraph (1)(A) unless the load of the
privately owned utility for the applicable
month is not more than 80 percent of the load
of the privately owned utility in the
corresponding month during the period beginning
August 2004 and ending July 2005.
(ii) Load measurement.--For purposes of
clause (i)--
(I) in the case of an electric
utility company, the load shall be
measured in kilowatt hours; and
(II) in the case of a gas utility
company, the load shall be measured in
thousands of cubic feet of gas.
(c) Emergency Designation.--Any amount appropriated pursuant to
this section is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress).
SEC. 464. REQUIREMENTS FOR COMPENSATION; REGULATIONS.
(a) Documentation.--
(1) In general.--Subject to subsection (b), the amount of
compensation payable to a privately owned utility under section
453(b) may not exceed the amount of losses described in
subparagraphs (A) and (B) of paragraph (1) of that subsection
that the President determines, based on sworn financial
statements or other appropriate data provided by the privately
owned utility, were incurred by the privately owned utility.
(2) Audit.--The Secretary and the Comptroller General of
the United States may--
(A) audit any statements of a privately owned
utility that receives compensation under this subtitle;
and
(B) for purposes of an audit under subparagraph
(A), request any information that the Secretary and the
Comptroller General determine to be necessary.
(b) Payments.--
(1) In general.--Subject to paragraph (2), the President
may provide compensation to privately owned utilities under
section 453(b) in 1 or more payments up to the maximum amount
specified in 453(b)(2)(A).
(2) Schedule.--Payments under paragraph (1) shall only be
made during the period beginning on the date that is not later
than 60 days after the date of enactment of this Act and ending
March on 31, 2008.
(c) Regulations.--Not later than 15 days after the date of
enactment of this Act, the Secretary, in consultation with the Attorney
General, shall promulgate regulations to carry out this subtitle,
including regulations with respect to--
(1) the forms to be used by privately owned utilities for
submitting claims under this subtitle, including the
information to be included in the forms;
(2) the procedures for considering claims submitted under
this subtitle; and
(3) any other matters determined by the Secretary to be
appropriate.
SEC. 465. NATIONAL ENERGY INFRASTRUCTURE ZONES.
(a) Priority areas.--If there is an incident or event that, as
determined by the Secretary of Energy (referred to in this section as
the ``Secretary''), compromises the reliable and affordable supply of
electricity to retail, industrial, and business customers, the
Secretary shall give priority to protecting and, as appropriate,
restoring the energy infrastructure system compromised.
(b) Designation of National Energy Infrastructure Zones.--
(1) In general.--If there is an incident (including a
natural disaster) that, as determined by the Secretary,
threatens the reliability of the energy infrastructure system,
including the production, refining, transmission, and
distribution of oil, gas, and electricity, the Secretary shall
designate the threatened energy infrastructure system as a
National Energy Infrastructure Zone.
(2) Report.--Not later than 90 days after the date of the
threatening incident, the Secretary shall submit to Congress a
report with respect to any National Energy Infrastructure Zone
designated under paragraph (1) that describes--
(A) any actions that are necessary to protect,
improve, revitalize, rebuild, or otherwise strengthen
the affected energy infrastructure systems;
(B) any actions, methods, rules, regulations, and
processes that are necessary to improve, strengthen,
and rebuild the affected energy infrastructure systems
in the National Energy Infrastructure Zone; and
(C) any actions that are necessary to ensure that
any National Energy Infrastructure Zones are improved,
strengthened, or rebuilt in a manner that ensures--
(i) to the maximum extent practicable,
energy infrastructure system reliability;
(ii) lowest possible costs for energy
infrastructure system consumers;
(iii) that national security is improved
and strengthened; and
(iv) that the energy infrastructure system
is able to be expanded in the future.
SEC. 466. PROVISIONS RELATING TO DEPOSITORY INSTITUTIONS AND CREDIT
UNIONS.
(a) Government Check Cashing.--
(1) In general.--Notwithstanding any provision of
subchapter II of chapter 33 of title 31, United States Code, or
any other provision of law, the Secretary of the Treasury shall
indemnify any insured depository institution or insured credit
union for any loss suffered by the institution through cashing
a check or other draft on public money in the Treasury, due to
the fact that the check is fraudulent or the identification of
the bearer presenting such check or draft to the depository
institution or credit union is fraudulent, if the depository
institution or credit union--
(A) has made prudent efforts to identify the bearer
or presenter; and
(B) has reason to believe the check or draft is
presented for payment by an individual who resides in,
or who prior to an evacuation of such individual due to
Hurricane Katrina resided or was present in, an area
described in subsection (b)(2).
(2) Coordination with other law.--Sections 3331 and 3343 of
title 31, United States Code, shall continue to apply with
respect to any check and any appropriate payee of such check,
notwithstanding the fact that the Secretary of the Treasury has
already made a payment with respect to such check to an insured
depository institution or an insured credit union under
paragraph (1).
(b) Loan Payment Deferrals and ``Fresh Start'' Programs.--
(1) In general.--No provision of Federal or State law, and
no regulation, order, guideline, or other provision prescribed
under any authority conferred by any provision of Federal or
State law, shall be construed as prohibiting any lender with
respect to any loan described in paragraph (2) from refinancing
such loan, including the deferred principal and interest, on
terms at least as favorable to the borrower as the terms of the
original loan.
(2) Types of loans.--A loan described in this paragraph is
any consumer loan, commercial loan, or mortgage loan--
(A) that is made to a borrower who resides in or
has a place of business within, or is secured by real
or personal property located 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 26, 2005, that a
major disaster exists, or within an area determined to
be eligible for disaster relief under other Federal law
by reason of damage related to Hurricane Katrina; and
(B) on which any payment of principal or interest
has been deferred due to the disaster caused by
Hurricane Katrina.
(c) Waiver of Federal Reserve Board Fees for Certain Services.--
Notwithstanding section 11A of the Federal Reserve Act (12 U.S.C. 248a)
or any other provision of Federal law, the Board of Governors of the
Federal Reserve System shall waive any fee or other charge imposed on
any insured depository institution or insured credit union with respect
to any currency and coin services or wire transfer services during the
effective period of this section.
(d) Effective Period.--The provisions of this section shall not
apply after the end of the 2-year period beginning on the date of
enactment of this Act.
TITLE V--REBUILDING OF INFRASTRUCTURE
Subtitle A--Actions by Federal Agencies
SEC. 501. PELICAN COMMISSION.
(a) Establishment.--
(1) Establishment.--There is established a commission to be
known as the ``Protecting Essential Louisiana Infrastructure,
Citizens, and Nature Commission'' (referred to in this Act as
the ``Pelican Commission'').
(b) Purposes.--The purpose of the Pelican Commission is to provide
for the design and implementation of a program that--
(1) protects citizens, natural resources, essential
infrastructure, and property from hurricanes, flooding, and
erosion;
(2) integrates and comprehensively addresses hurricane
protection, flood control, coastal restoration, storm surge
protection, and navigation projects; and
(3) functions efficiently, timely, and reliably to maximize
results, eliminate waste, reduce cost, and engender confidence.
(c) Membership.--
(1) Composition.--The Pelican Commission shall be composed
of 9 members, of whom--
(A) 1 member shall be appointed by the President
and shall serve as Chairperson;
(B) 1 member shall be the Chief of Engineers;
(C) 1 member shall be the Under Secretary for
Oceans and Atmosphere;
(D) 1 member shall be a member of the Mississippi
River Commission who is--
(i) a civil life appointee; and
(ii) unless none of the 3 civil life
appointees on the Mississippi River Commission
are residents of the State of Louisiana, a
resident of the State of Louisiana;
(E) 1 member shall be the Governor of the State of
Louisiana;
(F) 4 members shall be residents of that State and
appointed by the President, of whom--
(i) 1 member shall have expertise in
commerce;
(ii) 1 member shall have expertise in the
environment;
(iii) 1 member shall have expertise in
flood control; and
(iv) 1 member shall have expertise in
maritime matters.
(2) Date of appointments.--The appointment of a member of
the Pelican Commission shall be made not later than December 1,
2005.
(3) Term; vacancies.--
(A) Term.--
(i) A member who serves on the Pelican
Commission due to holding the Office of Chief
of Engineers, Under Secretary of Oceans and
Atmosphere, Mississippi River Commission or
Governor of the State of Louisiana shall serve
on the commission as long as he holds office.
(ii) Presidential appointees.--A member
appointed by the President to the Pelican
Commission shall serve for a term of 4 years
and may be reappointed.
(B) Vacancies.--A vacancy on the Pelican
Commission--
(i) shall not affect the powers of the
Pelican Commission; and
(ii) shall be filled not later than 30 days
after the date on which the vacancy occurred in
the same manner as the original appointment was
made.
(4) Initial meeting.--Not later than 30 days after the date
on which all members of the Pelican Commission have been
appointed, the Pelican Commission shall hold the initial
meeting of the Pelican Commission.
(5) Meetings.--The Pelican Commission--
(A) shall meet at the call of the Chairperson not
less frequently than every 180 days; and
(B) may conduct business by telephone or other
electronic means.
(6) Notification of meetings.--Not later than 14 days
before calling a meeting, the Chairperson shall--
(A) notify each member of the Pelican Commission of
the time, date, and location of that meeting; and
(B) provide each member of the Pelican Commission
with a written agenda for the meeting, including any
proposals for discussion and consideration, and any
appropriate background materials.
(7) Quorum.--A majority of the members of the Pelican
Commission shall constitute a quorum, but a lesser number of
members may hold hearings.
(d) Duties.--
(1) Work plan.--The Pelican Commission shall enter into a
contract with the Corps of Engineers to develop, not later than
180 days after the date of enactment of this Act, and revise
annually thereafter, a work plan for the design and
implementation of an integrated and comprehensive program to
simultaneously--
(A) protect the Louisiana coastal area from future
flooding and devastation caused by hurricanes;
(B) restore and reconstruct critical wetlands; and
(C) provide for navigational interests.
(2) Priority projects.--The work plan shall--
(A) give priority consideration to projects located
in an area in which a major disaster was declared by
the President on August 29, 2005, in accordance with
section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170); and
(B) include, at a minimum, consideration of--
(i) certain hurricane protection projects
appropriate enhancements, including--
(I) the project for Lake
Pontchartrain and Vicinity, Louisiana,
as generally described in the post
Authorization Change Notification
Report, Lake Pontchartrain, Louisiana,
and Vicinity, Hurricane Protection
Project, dated August 8, 1984;
(II) the Barrier Plan, Louisiana,
project, as generally described in the
Report of the Chief of Engineers for
Lake Pontchartrain and Vicinity,
Louisiana, dated March 4, 1964, as
published in House Document 231, 89th
Congress, First Session;
(III) the project for Morganza to
the Gulf, Louisiana, as generally
described in the Report of the Chief of
Engineers on Morganza, Louisiana, to
the Gulf of Mexico, Mississippi River
and Tributaries, dated August 23, 2002,
and in the Report of the Chief of
Engineers on Morganza, Louisiana, to
the Gulf of Mexico, Mississippi River
and Tributaries-Supplemental Report,
dated July 22, 2003;
(IV) the project for West Bank and
Vicinity, Louisiana, authorized by
section 401(b) of Water Resources
Development Act of 1986 (100 Stat.
4111), sections 101(a)(17) and
101(b)(11) of the Water Resources
Development Act of 1996 (110 Stat.
3665), and section 328 of the Water
Resources Development Act of 1999 (113
Stat. 304);
(V) the project for New Orleans to
Venice, Louisiana, authorized by
section 203 of the Flood Control Act of
1962 (76 Stat. 1180), and expanded to
include the LeReussittee to St. Jude,
Louisiana, levees;
(VI) the project for Larose to
Golden Meadow, Louisiana, authorized by
section 204 of the Flood Control Act of
1965 (79 Stat. 1077), as modified by
section 325 of the Water Resources
Development Act of 1999 (113 Stat.
304);
(VII) the project for Grand Isle,
Louisiana, authorized by section 204 of
the Flood Control Act of 1965 (79 Stat.
1077) and section 301(b)(6) of the
Water Resources Development Act of 1996
(110 Stat. 3710); and
(VIII) the project for Lake
Pontchartrain North Shore Protection,
authorized by section 601 of Water
Resources Development Act of 1986 (100
Stat. 4137);
(ii) the Louisiana Coastal Area ecosystem
restoration and storm surge protection project,
as generally described in the draft Louisiana
Coastwide Ecosystem Restoration Report, dated
October 2003, including any appropriate
enhancements;
(iii) certain flood control projects,
including any appropriate enhancements,
including--
(I) the project for Southeast
Louisiana, Louisiana, authorized by
section 108 of the Energy and Water
Development Appropriations Act of 1996,
and section 533 of the Water Resources
Development Act of 1996 (110 Stat.
3775) as amended;
(II) the project for St. Bernard
Parish, Louisiana, as generally
described in the New Orleans District
Report for St. Bernard Parish Flood
Control, Louisiana, dated October 2000,
including construction of floodgate
protection and additional levees for
storm surge protection at Mississippi
River-Gulf Outlet;
(III) the project for St. Charles
Parish, Louisiana, as generally
described in the New Orleans District
Report for St. Charles Parish Flood
Control, Louisiana, dated November
2002;
(IV) the project for St. John the
Baptist Parish, Louisiana, as generally
described in the New Orleans District
Report for St. John the Baptist,
Louisiana, dated February 2003;
(V) the project for Plaquemines
Parish, Louisiana, as generally
described in the New Orleans District
Report for Plaquemines Parish,
Louisiana, dated October 2001; and
(VI) the project for Lake
Pontchartrain West Shore Protection,
Louisiana, as generally described in
the New Orleans District Report dated
July 1997; and
(iv) certain navigation projects, including
any appropriate enhancements, including--
(I) the project for Atchafalaya
River and Bayous Chene, Boeuf and
Black, Louisiana, as generally
described in a House Resolution dated
September 27, 2000;
(II) the project for Calcasieu
River and Pass Ship Channel
Enlargement, Louisiana, as generally
described in the Act of December 22,
1944 (commonly known as the ``Flood
Control Act of 1944'') (58 Stat. 887,
chapter 665), the Act of March 2, 1945
(59 Stat. 18, chapter 19), and House
Resolutions dated June 23, 1964,
October 5, 1966, October 3, 1968, and
December 2, 1970;
(III) the project for Inner Harbor
Navigation Canal Lock, Louisiana, as
generally described in the River and
Harbor Act of 1956 (Public Law 84-455),
Water Resources Development Act of 1986
(Public Law 99-662), and Water
Resources Development Act of 1996
(Public Law 104-303);
(IV) the project for Lafourche
(Port Fourchon); and
(V) the project for Port of Iberia,
Louisiana, as generally described in
section 431 of Water Resources
Development Act 2000 (114 Stat 2639).
(3) Review of work plan.--
(A) In general.--Upon receiving a work plan under
this section, the Pelican Commission shall publish the
work plan in the Federal Register, with notice and an
opportunity for public comment.
(B) Duration of review and comment period.--The
period for public review and comment shall be the 30-
day period beginning on the date of publication of a
notice described in subparagraph (A).
(4) Disposition of work plan.--Not later than 30 days after
the end of the period specified in paragraph (3)(B), the
Pelican Commission shall--
(A) approve, disapprove, or partially approve the
work plan that is the subject of the review; and
(B) issue a notice of the approval, disapproval, or
partial approval that--
(i) specifies the reasons for disapproving
any portion of the work plan;
(ii) if applicable, includes
recommendations for revisions to the work plan
to make the plan subject to approval; and
(iii) directs and provides funding to the
Corps of Engineers to implement the plan, to
the maximum extent practicable.
(5) Disapproval or partial approval of work plan.--If the
Pelican Commission disapproves or partially approves a work
plan, the Commission shall submit the work plan to the Corps of
Engineers for review and revision.
(6) Implementation.--Notwithstanding any other provision of
law, the Pelican Commission may implement the work plan.
(7) Other review, analysis, and recommendation.--The
Pelican Commission may review, analyze, and make
recommendations on such other related matters as the Pelican
Commission determines to be appropriate.
(8) Treatment of work plan projects.--Notwithstanding any
other provision of law, a project implemented by the Pelican
Commission in accordance with the work plan shall be deemed to
comply with all applicable requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
(9) Federal share.--Notwithstanding any other provision of
law, the Federal share of the cost of any project carried out
in accordance with the work plan shall be 100 percent.
(e) Powers.--
(1) Hearings.--
(A) In general.--The Pelican Commission may hold
such hearings, meet and act at such times and places,
take such testimony, and receive such evidence as the
Pelican Commission considers advisable to carry out
this Act.
(B) Public meetings and release of reports.--The
Pelican Commission shall--
(i) hold public hearings and meetings to
the extent appropriate; and
(ii) release to the public versions of any
reports prepared by the Pelican Commission.
(C) Public hearings.--Any public hearing of the
Pelican Commission shall be conducted in a manner
consistent with the protection of information provided
to or developed for or by the Commission as required by
any applicable statute, regulation, or Executive order.
(2) Contracting.--The Pelican Commission may, to such
extent and in such amounts as are available for the purpose,
enter into contracts to enable the Pelican Commission to carry
out the duties of the Pelican Commission.
(3) Information from federal agencies.--
(A) In general.--The Pelican Commission may secure
directly from a Federal agency such information
(including technical assistance) as the Pelican
Commission considers necessary to carry out this Act,
if the information may be disclosed under section 552
of title 5, United States Code.
(B) Provision of information.--On request of the
Chairperson of the Pelican Commission, the head of the
agency shall provide the information (or technical
assistance) to the Pelican Commission.
(4) Postal services.--The Pelican Commission--
(A) may use the United States mails in the same
manner and under the same conditions as other agencies
of the Federal Government; and
(B) for the purposes of the frank, be considered to
be a commission of Congress as described in section
3215 of title 39, United States Code.
(5) Administrative support services.--Upon the request of
the Pelican Commission, the Administrator of General Services
shall provide to the Pelican Commission, on a reimbursable
basis, such administrative support services as the Pelican
Commission may request.
(6) Printing.--For purposes of costs relating to printing
and binding, including the cost of personnel detailed from the
Government Printing Office, the Commission shall be considered
to be a committee of Congress.
(7) Gifts.--The Pelican Commission may accept, use, and
dispose of gifts or donations of services or property.
(f) Pelican Commission Personnel Matters.--
(1) Compensation of members.--A member of the Pelican
Commission shall receive no additional pay, allowances, or
benefits by reason of the service of the member on the Pelican
Commission.
(2) Travel expenses.--A member of the Pelican Commission
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized in accordance with sections
5702 and 5703 of title 5, United States Code, while away from
the home or regular place of business of the member in the
performance of the duties of the Pelican Commission.
(3) Staff.--
(A) Executive director.--The Chairperson of the
Pelican Commission may, without regard to the civil
service laws (including regulations), appoint and
terminate an executive director to enable the Pelican
Commission to carry out the duties of the Pelican
Commission.
(B) Additional staff.--With the approval of the
Pelican Commission, the executive director may appoint
such additional personnel as the executive director
considered to be appropriate to assist the Pelican
Commission in carrying out the duties of the Pelican
Commission.
(C) Compensation.--
(i) In general.--Except as provided in
subparagraph (B), the Chairperson of the
Pelican Commission may fix the compensation of
the executive director and other personnel
without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5,
United States Code, relating to classification
of positions and General Schedule pay rates.
(ii) Maximum rate of pay.--The rate of pay
for the executive director and other personnel
shall not exceed the rate payable for level V
of the Executive Schedule under section 5316 of
title 5, United States Code.
(4) Detail of federal government employees.--
(A) In general.--Upon a request by the Chairperson
of the Commission, an employee of the Federal
Government may be detailed to the Pelican Commission
without reimbursement.
(B) Civil service status.--The detail of the
employee shall be without interruption or loss of civil
service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of that title.
(6) Location of facilities.--
(A) In general.--The offices of the Pelican
Commission shall be co-located in Washington, District
of Columbia, and New Orleans, Louisiana.
(B) Office space.--The Administrator of General
Services shall locate suitable office space and provide
all necessary equipment and incidentals required for
proper operation of the Pelican Commission in each of
the locations specified in subparagraph (A).
(g) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Pelican Commission.
(h) Funding.--
(1) In general.--Notwithstanding any other provision of
law, not later than 30 days after the date of enactment of this
Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Chairperson of the Pelican Commission to carry out this
section $40,000,000,000, to remain available until expended.
(2) Receipt and acceptance.--The Chairperson of the Pelican
Commission shall be entitled to receive, shall accept, and
shall use to carry out this section the funds transferred under
paragraph (1), without further appropriation.
SEC. 502. PRESIDENTIAL EMERGENCY PERMITTING PROCESS.
(a) Emergency Permits.--
(1) In general.--Notwithstanding any other provision of
law, for the 2-year period beginning on the date of enactment
of this Act, the President may issue an emergency permit for
any project carried out in response to, or as part of a
reconstruction effort relating to, Hurricane Katrina or a
related condition, as the President determines to be in the
best interests of the United States.
(2) Application.--
(A) In general.--To receive a permit under
paragraph (1), the head of the lead agency of a project
described in that paragraph shall submit to the
President an application, in such a manner and
containing such information as the President may
require.
(B) Eligible applicants.--Any State or local
government, or any private entity carrying out a
project described in paragraph (1), may submit an
application under subparagraph (A).
(C) Determination.--
(i) In general.--The President shall
approve or disapprove an application under
subparagraph (A) by not later than 30 days
after the date on which the application is
received.
(ii) Failure to make determination.--If the
President fails to approve or disapprove an
application by the deadline under clause (i),
the application shall be considered to be
approved.
(3) Effect of permit.--A project that receives a permit
under this section shall be considered to be in compliance with
any applicable Federal law (including regulations).
(4) Notice.--On receipt of a permit under this subsection,
the head of the lead agency of a project shall provide a notice
to the head of any Federal agency that administers a law or
regulation applicable to the project.
(b) Responsibility of Federal Agencies.--The head of each Federal
agency shall establish, maintain, and periodically publish in the
Federal Register, a record of any notice received under subsection
(a)(4), including a description of the basis on which the permit was
issued.
SEC. 503. FEDERAL CONTRACTING REQUIREMENT FOR RECONSTRUCTION.
(a) Contracts for Property or Services.--
(1) Preference for louisiana contractors.--Notwithstanding
any other provision of law and subject to paragraph (2), in
entering into a contract to procure property or services
pursuant to the August 29, 2005, Presidential declaration of a
major disaster for the State of Louisiana (FEMA-1603-DR) or in
connection with assistance granted to Louisiana pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122), the head of an executive agency shall afford
a preference in the source selection process to each offeror
that--
(A) is domiciled and properly licensed in
Louisiana; and
(B) employs a majority of its workforce within
Louisiana.
(2) Limitations.--The head of an executive agency may not,
in connection with a contract described in paragraph (1)--
(A) pay more than the prevailing market price for
any property or service; or
(B) obtain terms and conditions that are less
favorable than prevailing market terms and conditions.
(b) Special Workforce Requirement for Service Contracts.--
(1) In general.--Notwithstanding any other provision of law
and except as provided in paragraph (2), in entering into a
contract to procure services pursuant to the August 29, 2005,
Presidential declaration of a major disaster for the State of
Louisiana (FEMA-1603-DR), the head of an executive agency shall
require in the source selection process that each offeror
employs Louisiana workers as not less than 30 percent of the
workforce that will perform such services.
(2) Waiver.--The head of an executive agency may waive the
requirement under paragraph (1) in the case of an offeror that
demonstrates to the satisfaction of such head that--
(A) an insufficient number of appropriately skilled
Louisiana workers are available to perform the
contract; and
(B) the offeror has made reasonable efforts to hire
Louisiana workers.
(c) Definitions.--In this Act:
(1) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
(2) Louisiana workers.--The term ``Louisiana workers''
means workers who were residing in Louisiana as of August 28,
2005.
SEC. 504. CONTINUATION OF WORKER PAYMENTS AND OTHER ALLOWABLE COSTS
UNDER FEDERAL CONTRACTS.
(a) Treatment of Worker Costs.--Notwithstanding any other provision
of law, all costs, direct and indirect, on Federal contracts and
subcontracts that are associated with employees displaced by Hurricane
Katrina, including wages, salaries, and temporary housing costs, shall
be considered allowable and compensable costs, and the pricing of such
contracts and subcontracts shall be equitably adjusted accordingly,
whether or not, due to Hurricane Katrina, such employees are able to
work on such contracts or subcontracts.
(b) Treatment of Other Hurricane Katrina-related Costs.--
Notwithstanding any other provision of law, all additional costs,
direct and indirect, on Federal contracts and subcontracts that are
associated with delays, loss of efficiency, and disruption caused by
Hurricane Katrina shall be considered allowable and compensable costs,
and the pricing of such contracts and subcontracts shall be equitably
adjusted accordingly.
(c) Required Offsets for Insurance Payments.--Contractors shall
reimburse any costs covered under this section for which they receive
insurance payments.
SEC. 505. RESTORATION OF TELECOMMUNICATIONS INFRASTRUCTURE.
(a) Definitions.--Section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by
adding at the end the following:
``(10) Telecommunications carrier.--The term
`telecommunications carrier' has the same meaning given such
term in section 3 of the Communications Act of 1934 (47 U.S.C.
153) including commercial mobile radio service providers.''.
(b) Eligibility of Federal resources.--Section 403(a) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170b) is amended by adding at the end the following:
``(5) Maintenance and restoration of communications.--
Utilizing Federal equipment, supplies, facilities, personnel,
and other resources, other than the extension of credit, to
assist telecommunications carriers in the maintenance and
restoration of communications during an emergency or
disaster.''.
Subtitle B--Economic Development
SEC. 521. RECOVERY ASSISTANCE FOR FEDERAL AND STATE AGENCIES,
BUSINESSES, INSTITUTIONS OF HIGHER EDUCATION, AND PUBLIC-
PRIVATE PARTNERSHIPS.
(a) Establishment of Program.--As soon as practicable after the
date of enactment of this Act, the Secretary of Commerce (referred to
in this section as the ``Secretary'') shall establish a program under
which the Secretary shall provide grants to eligible entities to carry
out activities relating to transition, recovery, and relocation for
Federal and State agencies, businesses, institutions of higher
education, and public-private partnerships in the State of Louisiana
that have been affected by Hurricane Katrina or a related condition.
(b) Eligible Entities.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary shall--
(A) establish a list of qualifications for an
eligible entity under the program; and
(B) solicit applications from eligible entities, as
the Secretary determines to be appropriate.
(2) Applications.--An eligible entity seeking a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require.
(c) Federal Share.--Notwithstanding any requirement under the
Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et
seq.), the Federal share of the cost of an activity under this section
shall be 100 percent.
(d) Appropriations.--There are authorized to be appropriated for
fiscal year 2006, and are appropriated to the Secretary of Commerce,
$1,000,000,000 to carry out the program under this section. Amounts
appropriated under this subsection shall remain available until
expended.
SEC. 522. MANUFACTURING EXTENSION PARTNERSHIP PROGRAM.
(a) Waiver of Matching Requirements.--
(1) In general.--Notwithstanding section 25(c) of the
National Institute of Standards and Technology Act (15 U.S.C.
278k), any Regional Center for the Transfer of Manufacturing
Technology that is located in an area subject to a declaration
by the President of a major disaster as a result of Hurricane
Katrina, shall be exempt from the matching requirement under
such subsection.
(2) Effective date.--This subsection shall be effective
during the 2-year period beginning on the date of enactment of
this Act.
(b) Appropriation.--There are authorized to be appropriated for
fiscal year 2006, and are appropriated for such fiscal year,
$30,000,000 for the Hollings Manufacturing Extension Partnership of the
National Institute of Standards and Technology, to be used to restore
the manufacturing and supply base in Louisiana that was adversely
affected by Hurricane Katrina. Amounts appropriated under this
subsection shall remain available until expended.
SEC. 523. PUBLIC TELECOMMUNICATIONS FACILITIES.
(a) Emergency Grants for Construction of Public Telecommunications
Facilities.--Section 392 of the Communications Act of 1934 is amended
by adding at the end the following:
``(j) Emergency Grants for Facilities Damaged or Destroyed by
Hurricane Katrina.--
``(1) In general.--There are authorized to be appropriated
for fiscal year 2006, and are appropriated for such fiscal
year, $250,000,000 for additional projects for the
construction, reconstruction, or reparation of public
telecommunications facilities damaged or destroyed in areas
affected by Hurricane Katrina.
``(2) Definition.--For purposes of this subsection, the
term `areas affected by Hurricane Katrina' means any area which
the President has declared a major disaster under section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) in connection with Hurricane
Katrina.''.
(b) Suspension of Requirements Under the Public Telecommunications
Facilities and Construction Program.--Section 392 of the Communications
Act of 1934 (47 U.S.C. 392), as amended by subsection (a), is further
amended by adding at the end the following:
``(k) Suspension of Requirements.--For any grant awarded under this
section to a grantee in an area which the President has declared a
major disaster under section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122) in connection with
Hurricane Katrina, the Secretary may suspend all statutory requirements
under this subtitle for purposes of assistance under this section.''.
SEC. 524. GRANTS FOR TECHNOLOGY AND ECONOMIC DEVELOPMENT IN AREAS
AFFECTED BY HURRICANE KATRINA.
Subpart E of part IV of title III of the Communications Act of 1934
is amended by adding at the end the following:
``SEC. 399C. GRANTS FOR TECHNOLOGY AND ECONOMIC DEVELOPMENT IN AREAS
AFFECTED BY HURRICANE KATRINA.
``(a) Purpose.--The purpose of this section is to provide
assistance to parishes within the State of Louisiana affected by
Hurricane Katrina in order to facilitate the economic recovery of--
``(1) low and moderate income residents; and
``(2) small business concerns.
``(b) Grant Authorized.--The Secretary may award grants under this
section to parishes in the State of Louisiana whose applications for
such grants are approved by the Secretary under this section.
``(c) Use of Funds.--Grants under this section may be used for
activities to carry out the purposes described in this section,
including--
``(1) the acquisition of more efficient first-responder
mobile communications, including deployable cellular towers to
be used in cases of emergency;
``(2) the reconstruction and redeployment of equipment
necessary to reinstate internet, wireless, broadband, and e-
government services, with special priority in reinstating such
services to be given to small business concerns, as defined in
section 3 of the Small Business Act (15 U.S.C. 632);
``(3) the construction of such public telecommunications
facilities as may be necessary to provide low cost broadband
communication connectivity for low and middle income families,
as such terms are defined in section 3 of the United States
Housing Act of 1937 (42 U.S.C. 1437a); and
``(4) the construction of a broadband dual-purpose
municipal wireless communication network to be used for--
``(A) city-wide operations within the city of New
Orleans, Louisiana; and
``(B) public Internet access in 100-block area of
downtown New Orleans using wireless-fidelity (commonly
known as `Wi-FI') technology.
``(d) Application and Selection.--A parish seeking a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
reasonably require.
``(e) Reporting Requirements.--The Secretary shall require grant
recipients under this section to report the uses of all amounts
expended for each of the eligible activities described in subsection
(c).
``(f) Appropriation.--There are authorized to be appropriated for
fiscal year 2006, and are appropriated for such fiscal year,$19,000,000
to carry out this section.''.
SEC. 525. RELIEF FOR CRAWFISH INDUSTRY.
(a)Findings.--Congress makes the following findings:
(1) Since September 15, 1997, there has been an antidumping
duty order requiring payment of antidumping duties on imports
of freshwater crawfish tail meat from the People's Republic of
China.
(2) The United States Bureau of Customs and Border
Protection is required to collect all customs duties, including
antidumping duties, lawfully imposed on imports of merchandise
entering the United States. Nevertheless, less than $30,000,000
in antidumping duties on imports of freshwater crawfish tail
meat from the People's Republic of China has been collected
since 1997, while more than $285,000,000 in antidumping duties
are owed but uncollected.
(3) During each of the fiscal years 2002, 2003, and 2004,
non-collection of lawful antidumping duties has deprived the
affected domestic producers of freshwater crawfish tail meat in
Louisiana of approximately $46,187,768 to which they would
otherwise have been entitled under the Continued Dumping and
Subsidy Offset Act of 2000 (section 754 of the Tariff Act of
1930).
(4) Freshwater crawfish tail meat is produced in the United
States only in Louisiana and the domestic product is sold
almost exclusively to purchasers within Louisiana.
(5) The United States International Trade Commission has
found that over 97 percent of the domestic industry's sales
since 2000 have been to purchasers within Louisiana, such as
food stores, restaurants, and seafood markets. Since 1999, more
than half of the domestic industry's sales has been to local
food stores in Louisiana. New Orleans, the State's largest city
has accounted for a large portion of the domestic industry's
sales.
(6) Hurricane Katrina has damaged or destroyed traditional markets
in southern Louisiana on which the domestic industry relies, creating
an urgent need among such producers for immediate restitution of
amounts required to be collected by the Bureau of Customs and Border
Protection and distributed to affected domestic producers of freshwater
crawfish tail meat.
(7) Under existing law, payments to affected domestic
producers under the Continued Dumping and Subsidy Offset Act of
2000 are limited to the amount of such producers' qualifying
expenditures, and all antidumping duties collected beyond that
amount are paid into the Treasury to meet the general expenses
of the Federal Government. Because the total amount of unpaid
antidumping duties on freshwater crawfish tail meat exceeds the
domestic industry's qualifying expenditures by more than
$200,000,000, full collection of all duties owed will provide a
net benefit to United States taxpayers.
(8) All relief provided to the domestic crawfish industry
should be fully repaid to the Treasury under existing law upon
collection of the unpaid antidumping duties. Accordingly, the
relief provided by this section does not increase the burden on
United States taxpayers. The provisions of this section ensure
that the Bureau of Customs and Border Protection complies in a
timely fashion with its preexisting legal obligations.
(9) Payments owed to domestic crawfish processors have been
further delayed because of a recent policy change by the
Department of Commerce which delays the issuance of liquidation
instructions for certain imports of freshwater crawfish tail
meat. Reversal of this unwarranted policy change is required in
order to provide prompt relief to the domestic crawfish
industry.
(b)Emergency Restitution of Amounts Owed to Affected Domestic
Producers of Freshwater Crawfish Tail Meat.--
(1) In general.--The Secretary of the Treasury shall
distribute, within 30 days after receiving a request therefor,
a pro rata portion of the $46,187,768, to each person that was
determined by the Bureau of Customs and Border Protection under
the Continued Dumping and Subsidy Offset Act of 2000 to be an
affected domestic producer of freshwater crawfish tail meat
during fiscal year 2004.
(2) Amount payable.--The Secretary shall distribute to each
person making a request under paragraph (1) an amount in the
same proportion as such person's share of the total
distribution of freshwater crawfish tail meat duties under the
Continued Dumping and Subsidy Offset Act of 2000 at the end of
fiscal year 2004, as stated in the Continued Dumping and
Subsidy Offset Act Annual Report for fiscal Year 2004 (CDSOA
FY2004 Annual Report).
(3) Request for amount.--A person requesting an amount
under this section shall be required to provide only the
person's name, address, social security number or taxpayer
identification number, and a certification that--
(A) the person is the same person named in the
CDSOA FY2004 Annual Report and determined by the Bureau
of Customs and Border Protection to have been an
affected domestic producer of freshwater crawfish tail
meat during fiscal year 2004; and
(B) the total amount of any funds received by such
person under this section shall be excluded from the
amount claimed as qualifying expenditures in any
subsequent certification submitted for the purpose of
obtaining a payment under the Continued Dumping and
Subsidy Offset Act of 2000.
(c) Incentive For Improved Enforcement And Collection Of The
Antidumping Duty Order Relating to Imports of Freshwater Crawfish Tail
Meat.--Not later than January 15 of each year, the Secretary of the
Treasury shall review the amount of duties collected during the
preceding fiscal year pursuant to the antidumping duty order issued on
September 15, 1997 against imports of freshwater crawfish tail meat
from the People's Republic of China. If the Secretary determines that
the total amount of antidumping duties collected pursuant to that order
is 5 percent or less of the total amount of antidumping duties owed to
the United States on liquidations occurring during such preceding
fiscal year on entries of merchandise subject to such order--
(1) an amount equal to 15 percent of such duties owed but
uncollected during such preceding fiscal year under such order
shall be transferred, on or before the last day of the current
fiscal year, into the special account established under section
754(e) of the Tariff Act of 1930 with respect to such order;
and
(2) the amount transferred into the special account shall
be treated, for purposes of section 754 of the Tariff Act of
1930, as duties assessed during the current fiscal year
pursuant to such order and shall be excluded from the
calculation of whether the total amount of duties collected
pursuant to the order is 5 percent or less of the total amount
of antidumping duties owed on liquidations occurring during the
preceding fiscal year.
(d) Timely Issuance of Liquidation Instructions by Commerce.--In
any antidumping duty administrative review conducted under section 751
of the Tariff Act of 1930, the Department of Commerce, or such other
officer of the United States acting as the administering authority
under section 771(1) of such Act, shall, within 30 days after receiving
a request for review from an interested party (as defined in section
771(9) (C), (D), (E), (F), or (G) of such Act) issue instructions to
the Bureau of Customs and Border Protection for the immediate
liquidation and assessment of duties with respect to entries of the
subject merchandise that were made during the period covered by the
review from any foreign entity without regard to whether that entity
was specifically named in the request for the administrative review.
SEC. 526. NOAA WEATHER RADIO.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Eligible individual.--The term ``eligible individual''
means a low-income individual who is a resident of Louisiana.
(3) NOAA weather radio.--The term ``NOAA Weather Radio''
means the broadcasts of continuous weather information by a
nationwide network of radio stations provided by the National
Oceanic and Atmospheric Administration.
(4) NOAA weather radio receiver.--The term ``NOAA Weather
Radio receiver'' means a radio receiver that is capable of
receiving broadcasts from NOAA Weather Radio.
(b) Receiver Program.--The Administrator shall establish a program
to provide a NOAA Weather Radio receiver at no cost or at a reduced
cost to any eligible individual.
(c) NOAA Weather Radio Expanded Coverage.--The Administrator shall
expand the area that is able to receive radio broadcasts made by NOAA
Weather Radio.
SEC. 527. EFFECTS OF HURRICANE KATRINA ON FISH AND WILDLIFE.
(a) Report on Fisheries.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall prepare a report on the
impacts of the hurricane that arrived in Louisiana on August 29, 2005,
on--
(1) commercial and recreational fisheries in such States;
(2) shrimp fishing vessels in such States; and
(3) the oyster industry in such States.
(b) Report on Habitat.--Not later than 180 days after the date of
enactment of this Act, the Administrator and the Secretary of the
Interior shall jointly prepare a report on the impacts of the hurricane
that hit Louisiana on August 29, 2005, on fish and wildlife habitat,
including the habitat of migratory birds, shrimp, and oysters, in such
States.
(c) Restoration.--The Administrator and the Secretary of the
Interior shall carry out activities to restore fish and wildlife
habitat, including the habitat of migratory birds, shrimp, and oysters,
in Louisiana.
SEC. 528. MINORITY BUSINESS DEVELOPMENT AGENCY.
(a) Appropriation.--There are authorized to be appropriated, and
are appropriated to the Secretary of Commerce, $50,000,000, for
minority business development assistance to Hurricane Katrina victims
for the reconstruction of records, packaging for disaster loans,
insurance claims, and overall consultation to reestablish business in
Louisiana. Amounts appropriated under this subsection shall remain
available until expended.
(b) Fees.--In the provision of assistance with funds appropriated
by this section, the Minority Business Development Agency of the
Department of Commerce shall waive fees and not require cost-sharing.
SEC. 529. SOUTHEAST LOUISIANA ENTREPRENEURSHIP DEVELOPMENT NETWORK.
(a) Establishment.--There is established an entrepreneurship
redevelopment program to be administered by the Economic Development
Administration of the Department of Commerce to rebuild and diversify
New Orleans, Louisiana and the 10 surrounding parishes (in this
section, referred to as the ``region''). The program shall consist of--
(1) an entrepreneur facility;
(2) a seed capital fund; and
(3) a business accelerator program.
(b) Purposes of Program.--The program established under subsection
(a) shall be designed to--
(1) allow the region to create a program to recruit a high-
level entrepreneurship base segmented by area of expertise to
participate in the rebirth of the region;
(2) encourage existing small businesses to remain in the
region, recruit entrepreneurs and investors to the region,
accelerate the growth of the entrepreneurial ventures, and lead
business creation marketing efforts;
(3) establish business partnerships with the national small
business community and attract investors in small business
ventures; and
(4) provide operation costs.
(c) Entrepreneur Facility.--The entrepreneur facility established
pursuant to this section shall provide a physical infrastructure for
incubation community needs.
(c) Seed Capital Fund.--The seed capital fund established pursuant
to this section shall be used to provide capital to young companies and
attract venture capital.
(d) Business Accelerator Program.--
(1) In general.--The business accelerator program
established pursuant to this section shall provide a
professional team to assist companies with business
development, training and education, mentorship networks,
consulting services, and resources for raising capital.
(2) Training.--Training provided under the business
accelerator program shall include assisting less experienced
entrepreneurs with business, management, and entrepreneurial
development skills.
(3) Outreach.--The business accelerator program shall also
provide funds to attract companies and entrepreneurs to the
region and provide community outreach and social network
development opportunities.
(e) Appropriation.--There are authorized to be appropriated and are
appropriated to the Economic Development Administration $200,000,000
for fiscal years 2006 through 2010 to carry out this section of which--
(1) $78,000,000 shall be for the entrepreneur facility;
(2) $77,000,000 shall be for the seed capital fund; and
(3) $45,000,000 shall be for operations, including business
development, training and education, consultants and marketing.
Funds appropriated pursuant to this section shall remain available
until expended.
SEC. 530. EXPORT ASSISTANCE PROGRAM.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Commerce shall develop and
implement an export assistance grant program for businesses located in
Louisiana.
(b) Scope of Program.--The export assistance grant program
established under this section shall be designed to--
(1) provide companies located in Louisiana with export-
related training and development assistance;
(2) provide the companies with assistance in seeking access
to international markets for their products, including travel
and marketing assistance;
(3) focus on international market development;
(4) foster a special relationship between the Foreign
Commercial Service and the International Trade Administration,
companies located in Louisiana and State officials in that
State;
(5) provide for the creation of a special task force of
Foreign Commercial Officers (FCO's) within the Foreign
Commercial Service to arrange market opportunities for
companies based in Louisiana ;
(6) increase the development of the export-related
industries in Louisiana;
(7) increase the number of firms shipping United States-
made products to foreign markets;
(8) attract new foreign capital for products made in
Louisiana; and
(9) assist in the economic recovery of Louisiana.
(c) Application and Eligibility for Grant.--
(1) Applications.--Applications for a grant under this
section shall be made to the Secretary of Commerce at such
time, in such manner, and containing such information as the
Secretary shall reasonably require.
(2) Eligibility.--The Secretary shall award grants under
this section to companies in Louisiana, giving priority to
applications from companies located in an area with respect to
which the President has declared a major disaster relating to
Hurricane Katrina that--
(A) were engaged in the active conduct of a trade
or business in such disaster area on August 28, 2005;
(B) continue to engage in, or have resumed, such
trade or business in such area;
(C) employ more than 5 employees whose principal
place of employment is in such area; and
(D) seek to develop export programs with countries
in South America, Central America, or the Caribbean.
(3) Report.--The Secretary shall require each company
receiving a grant under this section to report on how the grant
was used and the amounts expended for each activity described
in this section.
(d) Appropriation.--There are authorized to be appropriated and are
appropriated to the Secretary of Commerce $35,000,000 for each of the
fiscal years 2006, 2007, 2008, 2009, and 2010 to carry out the export
assistance grant program established pursuant to this section. Funds
appropriated shall remain available until expended.
Subtitle C--Transportation
SEC. 541. LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Louisiana Department of Transportation and Development.
(2) State.--The term ``State'' means the State of
Louisiana.
(b) Evacuation and Energy Supply Routes.--
(1) Establishment.--As soon as practicable after the date
of enactment of this Act, the Department shall establish a
program under which the Department shall construct, maintain,
and repair evacuation and energy supply routes in the State.
(2) Inclusions.--In carrying out the program under
paragraph (1), the Department shall construct, maintain, and
repair routes on--
(A) Interstate Route 49 from Lafayette, Louisiana,
to New Orleans, Louisiana;
(B) Louisiana Highway 1;
(C) the Houma-Terrebonne Interstate Route 10
connector; and
(D) Louisiana Highway 25 through Washington Parish
and St. Tammany Parish, Louisiana.
(3) Appropriation.--There are authorized to be appropriated
and are appropriated to carry out this subsection
$7,000,000,000, to remain available until expended.
(c) Road and Transit Capacity Expansion.--
(1) Establishment.--As soon as practicable after the date
of enactment of this Act, the Department shall establish a
program under which the Department shall provide grants to
local governments in the State that experience significant
population growth, as determined by the Department, to expand
road and transit capacity in the community.
(2) Appropriation.--There are authorized to be appropriated
and are appropriated to carry out this subsection
$5,000,000,000, to remain available until expended.
(d) Port of New Orleans Restoration, Protection, and Improvement.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Department shall provide a grant to
the operator of the Port of New Orleans, Louisiana, to carry
out activities to restore, protect, and improve the
infrastructure of the Port of New Orleans, including activities
relating to--
(A) jetties;
(B) bank stabilization;
(C) channel clearing;
(D) dredging and deepening; and
(E) strengthening and expanding the facility and
related equipment.
(2) Appropriation.--There is authorized to be appropriated
and are appropriated to carry out this subsection
$1,000,000,000, to remain available until expended.
(e) Other Port Infrastructure Restoration, Protection, and
Improvement.--
(1) Establishment.--As soon as practicable after the date
of enactment of this Act, the Department shall establish a
program under which the Department shall provide grants to
operators of ports in the State, other than the Port of New
Orleans, that are affected by Hurricane Katrina or a related
condition to restore, protect, and improve the infrastructure
of the ports, including by carrying out activities relating
to--
(A) jetties;
(B) bank stabilization;
(C) channel clearing;
(D) breakwaters;
(E) dredging and deepening; and
(F) strengthening and expanding the facility and
related equipment.
(2) Appropriation.--There is authorized to be appropriated
and are appropriated to carry out this subsection
$1,000,000,000, to remain available until expended.
(f) Administrative Provisions.--
(1) Administrative expenses.--None of the funds made
available under this section shall be used for administrative
expenses of an activity carried out under this subtitle.
(2) Federal share.--Notwithstanding any other provision of
law, the Federal share of the cost of an activity under this
section shall be 100 percent.
SEC. 542. FEDERAL AVIATION ADMINISTRATION.
(a) Airport Reimbursement.--There is authorized to be appropriated
to the Federal Aviation Administration $71,800,000 for reimbursements
to the Louis Armstrong New Orleans International Airport for
anticipated revenue shortfalls due to Hurricane Katrina, which shall
remain available to be expended through September 30, 2007.
(b) Air Navigation Facilities and Equipment.--There are authorized
to be appropriated $7,000,000, to remain available until expended, to
carry out section 48101(c) of title 49, United States Code.
SEC. 543. FEDERAL HIGHWAY ADMINISTRATION.
(a) Emergency Relief Program Modifications.--
(1) Maximum amount.--Notwithstanding section 125(c)(1) of
title 23, United States Code, or any other provision of law,
the Secretary of Transportation may obligate more than
$100,000,000 in a State for a fiscal year under the emergency
relief program authorized by section 125 of such title, for
projects for the repair or reconstruction of highways, roads,
and trails in response to damage caused by Hurricane Katrina.
(2) Federal share.--Notwithstanding section 120(e) of such
title or any other provision of law, during the 3-year period
beginning on the date of enactment of this Act, the Federal
share of the cost of each project described in paragraph (1)
shall be 100 percent.
(3) Appropriation.--In addition to amounts otherwise
available, there is appropriated, out of any funds in the
Treasury not otherwise appropriated, for the emergency relief
program authorized under section 125 of such title,
$2,900,000,000, to remain available until expended.
(4) Twin-span interstate 10 bridge.--Notwithstanding any
other provision of law, of the amounts made available for the
Emergency Relief Program under section 125 of title 23, United
States Code, such sums as may be necessary shall be available
for the replacement, to current standards, of the twin-span
Interstate 10 bridge spanning Lake Pontchartrain between New
Orleans, Louisiana, and Slidell, Louisiana: Provided, That the
replacement structure shall be constructed to accomodate the
20-year projected Average Daily Traffic, but shall not be less
than 6 lanes wide, plus full shoulders, in accordance with the
applicable design standards of the American Association of
State Highway and Transportation Officials: Provided further,
That the height of the structure shall be increased if
necessary to satisfy current hydraulic standards and
navigational needs.
(c) Louisiana Development Districts.--
(1) Definition of affected district.--In this subsection,
the term ``affected district'' means--
(A) the Regional Planning Commission;
(B) the Capital Region Planning Commission;
(C) the Acadiana Regional Development District;
(D) the Imperial Calcasieu Regional Planning and
Development District; and
(E) the South Central Planning and Development
District.
(2) Comprehensive development plans.--As soon as
practicable after the date of enactment of this Act, the head
of each affected district shall establish and implement a
comprehensive development plan for the jurisdiction of the
affected district in response to Hurricane Katrina and related
conditions.
(3) Appropriation.--There is authorized to be appropriated
and is appropriated to the affected districts to carry out this
subsection $20,000,000, to remain available until expended.
(d) Funding Designation.--The amounts made available under this
section are designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress).
SEC. 544. FEDERAL RAILROAD ADMINISTRATION.
There is authorized to be appropriated to the Federal Railroad
Administration $36,000,000 for reimbursements to the New Orleans Public
Belt Railroad for anticipated revenue shortfalls due to Hurricane
Katrina, which shall remain available through September 30, 2007.
SEC. 545. FEDERAL TRANSIT ADMINISTRATION.
There is authorized to be appropriated to the New Orleans Regional
Transit Authority for revenues lost as a consequence of Hurricane
Katrina, $190,000,000, to remain available until September 30, 2007.
SEC. 546. MARITIME ADMINISTRATION.
(a) Appropriation of Funds.--There is authorized to be
appropriated, as authorized by the title XI of the Merchant Marine Act,
1936 (46 U.S.C. App. 1271 et seq.), $150,000,000, for the cost of
guaranteed loans for the construction, reconstruction, or
reconditioning of vessels at a facility in an area impacted by
Hurricane Katrina. Such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661a).
(b) Risk Factor of Loans.--The risk factor of a loan guaranteed by
amounts appropriated in subsection (a) shall be deemed to be 5 percent
(c) Waiver of Review.--An application for a loan guarantee under
title XI of the Merchant Marine Act, 1936 shall not be subject to the
review process of the Department of Transportation Credit Council.
SEC. 547. CAPITAL CONSTRUCTION FUND.
The Secretary of Transportation shall expedite and streamline the
procedures for the withdrawal of funds from the Capital Construction
Fund (CCF) and expand the qualified uses of such funds to include
operating expenses and repair of a vessel or purchase of a new vessel.
Subtitle D--AmeriCorps Disaster Relief Corps
SEC. 551. SHORT TITLE.
This subtitle may be cited as the ``AmeriCorps Disaster Relief
Corps Act of 2005''.
SEC. 552. DEFINITIONS.
In this subtitle:
(1) Approved national service position; national service
laws.--The terms ``approved national service position'' and
``national service laws'' have the meanings given the terms in
section 101 of the National and Community Service of 1990 (42
U.S.C. 12511).
(2) Emergency; major disaster.--The terms ``emergency'' and
``major disaster'' have the meanings given such terms in
paragraphs (1) and (2) of section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(1)
and (2)).
SEC. 553. AUTHORITY.
The Corporation for National and Community Service (referred to in
this subtitle as the ``Corporation'') shall administer the activities
authorized under this subtitle.
SEC. 554. ESTABLISHMENT OF SPECIAL AMERICORPS DISASTER RELIEF CORPS.
(a) Establishment.--There is established an AmeriCorps Disaster
Relief Corps to carry out, through an AmeriCorps Disaster Relief Corps
national service program administered by the Corporation, full- or
part-time service projects that provide food, clothing, shelter, and
other humanitarian assistance for victims of major disasters and
emergencies, projects involving cleaning, repair, and reconstruction of
structures, facilities, and lands located within a disaster area
resulting from a major disaster or emergency, and other projects
arising from the consequences of major disasters and emergencies.
(b) Recruitment of Participants and Eligibility.--
(1) Recruitment.--The Corporation shall endeavor to recruit
up to 10,000 eligible participants for the national service
program established under subsection (a) (in addition to
participants eligible for participation in a national service
program under the national service laws).
(2) Eligibility.--
(A) Comparable program.--In this paragraph, the
term ``comparable program'' means--
(i) the program under subtitle C of title I
of National and Community Service Act of 1990
(42 U.S.C. 12571 et seq.);
(ii) the program under subtitle E of title
I of the National and Community Service Act of
1990 (42 U.S.C. 12611 et seq.); and
(iii) the program under title I of the
Domestic Volunteer Service Act of 1973 (42
U.S.C. 4951 et seq.).
(B) Eligibility.--Eligibility to participate in the
national service program established under subsection
(a) shall be on the same basis as for participation in
an approved national service position in any comparable
program.
(C) Relationship to benefits.--An individual
selected as a participant in the national service
program who is eligible for participation in an
approved national service position in a comparable
program shall be eligible for living allowances,
educational awards, and other support authorized for
participants in approved national service positions in
that comparable program.
(c) Projects.--Participants in the national service program
established under subsection (a) may serve on projects that--
(1) help those affected by a major disaster or emergency
assess their needs;
(2) assist in the construction of temporary housing for the
displaced victims of a major disaster or emergency;
(3) provide relocation services for victims of a major
disaster or emergency, including providing food, water and
clothing distribution and housing location services;
(4) conduct outreach to local businesses, building owners,
and others with applications for disaster relief and for other
assistance to be provided by Federal or State government;
(5) provide employment services for victims, such as
identifying job training, job placement, and other
opportunities;
(6) conduct environmental surveys, monitoring water quality
and determining the environmental impact on the affected
region;
(7) provide teaching and administrative support functions
for school systems where displaced children have enrolled;
(8) work with schools to identify and mentor students
coping with the impact of a major disaster or emergency;
(9) work with public officials to prepare them for future
major disasters or emergencies; and
(10) otherwise assist with the rebuilding of the affected
region.
SEC. 555. GRANTS TO STATES, CITIES, ORGANIZATIONS; COOPERATION WITH
FEDERAL AGENCIES.
The Corporation may use funds authorized under this subtitle, in
supporting projects or activities consistent with those specified in
section 554(c), to--
(1) make grants to, or enter into agreements with States,
subdivisions of States, or other organizations to support
AmeriCorps projects under section 121 of the National and
Community Service Act (42 U.S.C. 12571);
(2) support the National Civilian Community Corps
authorized under subtitle E of title I of the National and
Community Service Act (42 U.S.C. 12611 et seq.);
(3) support the VISTA program under title I of the Domestic
Volunteer Service Act (42 U.S.C. 4951 et seq.); and
(4) enter into a contract or cooperative or other agreement
with another Federal agency.
SEC. 556. TRANSFER OF FUNDS TO THE NATIONAL SERVICE TRUST.
The Corporation shall transfer funds appropriated under this
subtitle to the National Service Trust established in section 145 of
the National and Community Service Act (42 U.S.C. 12601) as required
under the Strengthen AmeriCorps Program Act (42 U.S.C. 12605) to
provide educational awards and related assistance authorized under
subtitle D of title I of the National and Community Service Act (42
U.S.C. 12601 et seq.). Subsections (b)(1) and (c)(2) of section 2 of
the Strengthen AmeriCorps Program Act (42 U.S.C. 12605) shall apply to
positions approved under this subtitle and educational awards
associated with such positions in the same manner as the such
subsections apply to positions approved as approved national service
positions for programs carried out under subtitle E of title I of the
National and Community Service Act of 1990 (42 U.S.C. 12611 et seq.) or
title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951
et seq.), and national service educational awards associated with such
positions.
SEC. 557. AUTHORITY FOR THIRD-TERM BENEFITS AND EDUCATIONAL AWARD.
Notwithstanding any other provision of law, a participant serving
in the national service program established under section 554(a) may
serve a third term of service in an approved national service position
and may receive living allowances, educational awards, and other
support authorized for participants in approved national service
positions under the national service laws on the same basis as an
individual serving in a first or second term of service in an approved
national service position. For purposes of this section, a participant
serving in the national service program established under section
554(a) shall be considered to be serving in an approved national
service position.
SEC. 558. ADMINISTRATIVE EXPENSES.
The Corporation may use not more than 2 percent of funds authorized
under section 562 for the administration of this subtitle.
SEC. 559. ACCEPTANCE OF DONATED SERVICES.
Section 196(a)(2)(A) of the National and Community Service Act (42
U.S.C. 12651g(a)(2)(A)) is amended by striking ``money or property''
and inserting ``money, services, or property''.
SEC. 560. GRANTS NOT SUBJECT TO ANNUAL APPROPRIATIONS LIMITATIONS.
Notwithstanding any other provision of law, funds provided under
this subtitle to administer, reimburse, or support any national service
program authorized under the national service laws shall not be
considered in applying any limitation on funding for such programs in
annual appropriations acts.
SEC. 561. AUTHORITY TO SUPPORT PROGRAMS OPERATED BY FEDERAL AGENCIES.
Notwithstanding any other provision of law, the Corporation may use
funds authorized under this subtitle to enter into a contract or
cooperative agreement with another Federal agency to support a national
service program carried out by that agency consistent with section
121(b) of the National and Community Service Act of 1990 (42 U.S.C.
12571(b)).
SEC. 562. APPROPRIATION.
There is authorized to be appropriated and is appropriated to the
Corporation $75,000,000 for each of fiscal years 2006 and 2007 to carry
out this subtitle.
TITLE VI--HURRICANE PROTECTION AND ENVIRONMENTAL RESTORATION
Subtitle A--Hurricane Protection
CHAPTER 1--DOMESTIC OFFSHORE ENERGY REINVESTMENT ACT OF 2005
SEC. 601. SHORT TITLE.
This chapter may be cited as the ``Domestic Offshore Energy
Reinvestment Act of 2005''.
SEC. 602. OUTER CONTINENTAL SHELF.
(a) Definitions.--In this section:
(1) Coastal political subdivision.--The term ``coastal
political subdivision'' means a political subdivision of a
coastal State any part of which political subdivision is within
the coastal zone (as defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453)) of the coastal State
as of the date of enactment of this section and not more than
200 nautical miles from the geographic center of any leased
tract.
(2) Coastal state.--The term ``coastal State'' has the
meaning given the term in section 304(4) of the Coastal Zone
Management Act (16 U.S.C. 1453(4)), except that it shall
exclude any such State among the contiguous 48 States, a
majority of the coastline of which was subject to leasing
moratoria on January 1, 2005.
(3) Leased tract.--The term ``leased tract'' means a tract
maintained under section 6 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1335) or leased under section 8 of that Act (43
U.S.C. 1337).
(b) Payments to Adjacent Coastal States.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of the Treasury shall, subject to subsection
(c), make a payment in December of 2005 and each December
thereafter in an amount equivalent to 50 per cent of all the
amounts received by the United Sates from each leased tract or
portion of a leased tract lying seaward of the zone defined and
governed by section 8(g) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(g)) (or lying within that zone but to which
section 8(g) does not apply), including fees, bonus bids,
rents, royalties (including payments from royalties taken in-
kind and sold), net profit share payments, and related interest
from the immediately preceding fiscal year to each adjacent
coastal State.
(2) Adjacent coastal state.--For purposes of this subsection, a
State shall be considered to be an adjacent coastal State if the
nearest point on the coastline of the State is within 200 nautical
miles of a leased tract.
(3) Multiple states.--In a case in which more than 1 State is
located within 200 nautical miles of any portion of a leased tract, the
amount allocated to each State (within 200 nautical miles of the leased
tract) shall be based upon a formula that allocates revenues inversely
proportional to the distance between the nearest point on the coastline
of the State and the geographic center of the leased tract.
(c) Allocation of Funds.--35 per cent of the allocable share of
each State receiving funds under subsection (b) shall be allocated
among and paid directly to the coastal political subdivisions in that
State by the Secretary of the Treasury based upon the following
formula:
(1) 50 per cent shall be allocated based on a formula that
allocates the funds based on the relative distance of the
coastal political subdivision for any leased tract used to
calculate the allocation to that State.
(2) 25 per cent shall be allocated based on the ratio
that--
(A) the length, in miles, of the coastline of each
coastal political subdivision; bears to
(B) the length, in miles, of the coastline of all
coastal political subdivisions of the State.
(3) 25 percent shall be allocated based on the proportion
that--
(A) the coastal population of the coastal political
subdivision; bears to
(B) the coastal population of all coastal political
subdivisions of the State.
(d) Use of Funds.--A coastal State, and a coastal political
subdivision, shall use any amount paid under this section (including
any amounts deposited into a trust fund administered by the State or
coastal political subdivision consistent with this subsection), only
for 1 or more of the following purposes:
(1) For the conservation, protection, or restoration of
coastal areas including wetlands.
(2) To mitigate damage to natural resources and for the
protection of fish and wildlife in the coastal zone.
(3) To mitigate the impact of outer Continental Shelf
activity by providing onshore infrastructure or public service.
(4) Hurricane protection.
(5) Storm damage mitigation and flood control.
(6) Marine and coastal subsidence.
(7) Coastal and riverine erosion.
(8) Coastal and wetlands conservation and management.
(9) Protection of resources from natural disasters.
(10) Research, development, testing, and evaluation of
coastal restoration (including ecosystems) techniques and
technology.
(11) Securing critical outer Continental Shelf energy
infrastructure.
(e) Use for Certain Payments.--Subject to subsection (d), a coastal
State or coastal political subdivision may use funds provided to that
State or coastal political subdivision under this section for any
payment that is eligible to be made with funds provided to States under
section 35 of the Mineral Leasing Act (30 U.S.C. 191).
CHAPTER 2--OFFSHORE FAIRNESS ACT OF 2005
SEC. 611. SHORT TITLE.
This chapter may be cited as the ``Offshore Fairness Act of 2005''.
SEC. 612. PURPOSES.
The purposes of this chapter are--
(1) to provide equity to Louisiana with respect to the
seaward boundaries of the States in the Gulf of Mexico by
extending the seaward boundaries from 3 geographical miles to 3
marine leagues if the State meets certain conditions not later
than 5 years after the date of enactment of this Act;
(2) to convey to Louisiana the interest of the United
States in the submerged land of the outer Continental Shelf
that is located in the extended seaward boundaries of the
States;
(3) to provide that any mineral leases, easements, rights-
of-use, and rights-of-way issued by the Secretary of the
Interior with respect to the submerged land to be conveyed
shall remain in full force and effect; and
(4) in conveying the submerged land, to ensure that the
rights of lessees, operators, and holders of easements, rights-
of-use, and rights-of-way on the submerged land are protected.
SEC. 613. SEAWARD BOUNDARY EXTENSION.
(a) In General.--Title II of the Submerged Lands Act (43 U.S.C.
1311 et seq.) is amended--
(1) by redesignating section 11 as section 12; and
(2) by inserting after section 10 the following:
``SEC. 11. EXTENSION OF SEAWARD BOUNDARIES OF THE STATE OF LOUISIANA.
``(a) Definitions.--In this section:
``(1) Existing interest.--The term `existing interest'
means any lease, easement, right-of-use, or right-of-way on, or
for any natural resource or minerals underlying, the expanded
submerged land that is in existence on the date of the
conveyance of the expanded submerged land to the State under
subsection (b)(1).
``(2) Expanded seaward boundary.--The term `expanded
seaward boundary' means the seaward boundary of the State that
is 3 marine leagues seaward of the coast line of the State as
of the day before the date of enactment of this section.
``(3) Expanded submerged land.--The term `expanded
submerged land' means the area of the outer Continental Shelf
that is located between 3 geographical miles and 3 marine
leagues seaward of the coast line of the State as of the day
before the date of enactment of this section.
``(4) Interest owner.--The term `interest owner' means any
person that owns or holds an existing interest in the expanded
submerged land or portion of an existing interest in the
expanded submerged land.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(6) State.--The term `State' means State of Louisiana.
``(b) Conveyance of Expanded Submerged Land.--
``(1) In general.--If a State demonstrates to the
satisfaction of the Secretary that the conditions described in
paragraph (2) will be met, the Secretary shall, subject to
valid existing rights and subsection (c), convey to the State
the interest of the United States in the expanded submerged
land of the State.
``(2) Conditions.--A conveyance under paragraph (1) shall
be subject to the condition that--
``(A) on conveyance of the interest of the United
States in the expanded submerged land to the State
under paragraph (1)--
``(i) the Governor of the State (or a
delegate of the Governor) shall exercise the
powers and duties of the Secretary under the
terms of any existing interest, subject to the
requirement that the State and the officers of
the State may not exercise the powers to impose
any burden or requirement on any interest owner
that is more onerous or strict than the burdens
or requirements imposed under applicable
Federal law (including regulations) on owners
or holders of the same type of lease, easement,
right-of-use, or right-of-way on the outer
Continental Shelf seaward of the expanded
submerged land; and
``(ii) the State shall not impose any
administrative or judicial penalty or sanction
on any interest owner that is more severe than
the penalty or sanction under Federal law
(including regulations) applicable to owners or
holders of leases, easements, rights-of-use, or
rights-of-way on the outer Continental Shelf
seaward of the expanded submerged lands for the
same act, omission, or violation;
``(B) not later than 5 years after the date of
enactment of this section--
``(i) the State shall enact laws or
promulgate regulations with respect to the
environmental protection, safety, and
operations of any platform pipeline in
existence on the date of conveyance to the
State under paragraph (1) that is affixed to or
above the expanded submerged land that impose
the same requirements as Federal law (including
regulations) applicable to a platform pipeline
on the outer Continental Shelf seaward of the
expanded submerged land; and
``(ii) the State shall enact laws or
promulgate regulations for determining the
value of oil, gas, or other mineral production
from existing interests for royalty purposes
that establish the same requirements as the
requirements under Federal law (including
regulations) applicable to Federal leases for
the same minerals on the outer Continental
Shelf seaward of the expanded submerged land;
and
``(C) the State laws and regulations enacted or
promulgated under subparagraph (B) shall provide that
if Federal law (including regulations) applicable to
leases, easements, rights-of-use, or rights-of-way on
the outer Continental Shelf seaward of the expanded
submerged land are modified after the date on which the
State laws and regulations are enacted or promulgated,
the State laws and regulations applicable to existing
interests will be modified to reflect the change in
Federal laws (including regulations).
``(c) Exceptions.--
``(1) Mineral lease or unit divided.--
``(A) In general.--If any existing Federal oil and
gas or other mineral lease or unit would be divided by
the expanded seaward boundary of a State, the interest
of the United States in the leased minerals underlying
the portion of the lease or unit that lies within the
expanded submerged boundary shall not be considered to
be conveyed to the State until the date on which the
lease or unit expires or is relinquished by the United
States.
``(B) Applicability for other purposes.--
Notwithstanding subparagraph (A), the expanded seaward
boundary of a State shall be the seaward boundary of
the State for all other purposes, including the
distribution of revenues under section 8(g)(2) of the
Outer Continental Shelf Lands Act (43 U.S.C.
1337(g)(2)).
``(2) Laws and regulations not sufficient.--If the
Secretary determines that any law or regulation enacted or
promulgated by a State under subparagraph (B) of subsection
(b)(2) does not meet the requirements of that subparagraph, the
Secretary shall not convey the expanded submerged land to the
State.
``(d) Interest Issued or Granted by the State.--This section does
not apply to any interest in the expanded submerged land that a State
issues or grants after the date of conveyance of the expanded submerged
land to the State under subsection (b)(1).
``(e) Liability.--
``(1) In general.--By accepting conveyance of the expanded
submerged land, the State agrees to indemnify the United States
for any liability to any interest owner for the taking of any
property interest or breach of contract from--
``(A) the conveyance of the expanded submerged land
to the State; or
``(B) the State's administration of any existing
interest under subsection (b)(2)(A)(i).
``(2) Deduction from oil and gas leasing revenues.--The
Secretary may deduct from the amounts otherwise payable to the
State under section 8(g)(2) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(g)(2)) the amount of any final
nonappealable judgment for a taking or breach of contract
described in paragraph (1).''.
(b) Conforming Amendment.--Section 2(b) of the Submerged Lands Act
(43 U.S.C. 1301(b)) is amended by striking ``section 4 hereof'' and
inserting `` 4 or 11''.
Subtitle B--Environmental Protection and Wetlands Restoration
CHAPTER 1--LOUISIANA RESTORATION STAMP
SEC. 621. SHORT TITLE.
This chapter may be cited as the ``Louisiana Restoration Stamp Act
of 2005''.
SEC. 622. RESTORATION PROGRAM.
(a) Establishment of Fund.--As soon as practicable after the date
of enactment of this Act, the Secretary of the Treasury shall establish
a fund, to be known as the ``Louisiana Restoration Stamp Fund'', for
use in accordance with this section.
(b) Louisiana Restoration Stamp.--
(1) Design and production.--As soon as practicable after
the date of enactment of this Act, the Postmaster General, in
coordination with the Secretary of the Interior (referred to in
this section as the ``Secretary'') shall design and produce a
stamp, to be known as the ``Louisiana Restoration Stamp''.
(2) Distribution.--The Postmaster General shall offer for
sale the Louisiana Restoration Stamp at an appropriate price,
as determined by the Postmaster General, at--
(A) each first-class post office and second-class
post office; and
(B) any other facility or location, as the
Postmaster General or the Secretary determines to be
appropriate.
(3) Deposit of proceeds.--The Postmaster General shall
deposit the proceeds of any sale under paragraph (2) into the
Louisiana Restoration Stamp Fund.
(c) Use of Funds.--
(1) Distribution.--Not later than October 1, 2006, and
annually thereafter, the Secretary of the Treasury shall
distribute to the Secretary amounts in the Louisiana
Restoration Stamp Fund, for use in accordance with paragraph
(2).
(2) Restoration activities.--The Secretary shall use
amounts received under paragraph (1) to carry out restoration
activities in the State of Louisiana in areas affected by
Hurricane Katrina or a related condition, including--
(A) the acquisition of wetland habitat; and
(B) coastal restoration activities.
CHAPTER 2--LAKE PONTCHARTRAIN BASIN RESTORATION
SEC. 631. REDESIGNATION AND EXTENSION OF PROGRAM AUTHORIZATION.
Title I of the Federal Water Pollution Control Act is amended--
(1) in subsection (f) of the first section 121 (33 U.S.C.
1273(f)), by striking paragraph (1) and inserting the
following:
``(1) In general.--There are authorized to be appropriated
to carry out this section, to remain available until expended--
``(A) $20,000,000 for each of fiscal years 2001
through 2005; and
``(B) $100,000,000 for each of fiscal years 2006
through 2015.''; and
(2) by redesignating the second section 121 (33 U.S.C.
1274) as section 122.
CHAPTER 3--FUNDING
SEC. 641. ENVIRONMENTAL PROTECTION AGENCY.
(a) In General.--Notwithstanding any other provision of law, out of
any funds in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Administrator of the Environmental
Protection Agency to repair damage caused by Hurricane Katrina or a
related condition in the State of Louisiana, to remain available until
expended--
(1) $10,000,000 for science and technology, including
research and development activities, regardless of the
eligibility of any activity for assistance under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.);
(2) $1,000,000,000 for environmental programs and
infrastructure assistance, including capitalization grants for
State revolving funds and performance partnership grants,
regardless of the eligibility of any activity for assistance
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
(3) $500,000,000 to make grants to State and local
governments for temporary emergency measures conducted in
response to the release or threatened release of a hazardous
substance as a result of Hurricane Katrina or a related
condition;
(4) $750,000,000 to make technical assistance grants to
carry out water, drinking water, and air sampling, regardless
of the eligibility of any activity for assistance under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.);
(5) $750,000,000 for activities relating to the
reoccupation of residences and commercial buildings, including
cleanup of mold and mildew; and
(6) $35,000,000 for activities relating to emergency
situations under section 1442(b) of the Safe Drinking Water Act
(42 U.S.C. 300j-1(b)).
(b) Receipt and Acceptance.--The Administrator shall be entitled to
receive, shall accept, and shall use to carry out this section the
funds transferred under subsection (a), without further appropriation.
SEC. 642. LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY.
(a) In General.--Notwithstanding any other provision of law, out of
any funds in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Administrator of the Environmental
Protection Agency, to make a direct, lump-sum payment to the Director
of the Louisiana Department of Environmental Quality for activities in
areas affected by Hurricane Katrina or a related condition in the State
of Louisiana, to remain available until expended--
(1) $1,000,000,000 for the removal of waste from
construction and demolition activities, vegetation, debris,
vehicles, tires, and boats;
(2) $2,000,000,000 for the removal of hazardous wastes and
assessment and disposal of hazardous waste;
(3) $3,000,000,000 for the restoration of wastewater
treatment infrastructure systems;
(4) $1,000,000 for repair, reconstruction, and improvement
of drinking water systems; and
(5) $100,000,000 for assessment and disposal of underground
storage tanks.
(b) Receipt and Acceptance.--The Administrator shall be entitled to
receive, shall accept, and shall use to carry out this section the
funds transferred under subsection (a), without further appropriation.
CHAPTER 4--ENVIRONMENTAL REGULATIONS
SEC. 651. NOTICE TO CONGRESS OF PRESIDENTIAL WAIVERS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' includes any
committee of Congress the jurisdiction of which is affected by a waiver
or modification provided under section 502.
(b) Initial Notice.--Not later than 14 days after the date of
enactment of this Act, the President shall submit to the appropriate
committees of Congress an initial notice of any waiver or modification
provided under section 502 during the period beginning on August 26,
2005, and ending on the date on which the notice is submitted,
including a justification of the waiver or modification.
(c) Subsequent Notifications.--Not later than 14 days after the
date on which the President submits the initial notice under subsection
(b), and every 14 days thereafter, the President shall submit to the
appropriate committees of Congress a notice of any waiver or
modification provided by the President under section 502 during the
preceding 14 days, including a justification of the waiver or
modification.
SEC. 652. AUTHORITY TO FACILITATE RECONSTRUCTION.
(a) In General.--Notwithstanding any other provision of law, in any
area in which a major disaster relating to Hurricane Katrina was
declared by the President on August 27, 2005, in accordance with
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170)--
(1) no expiration of the authority of the Administrator of
the Environmental Protection Agency to conduct any response
action or remediation in accordance with the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) shall apply; and
(2) section 502 shall apply to--
(A) the authority of the Administrator of the
Environmental Protection Agency and the Secretary of
Agriculture, and requirements, under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) and the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.), respectively, as that authority or
those requirements relate to the application of
pesticides in such an area to control the mosquito
population and reduce the spread of vector-borne
illnesses; and
(B) the authority of the Secretary of Agriculture
and the Secretary of the Interior under laws
administered by each of those Secretaries relating to
timber production in such an area to--
(i) expedite the process of salvaging
timber in the area; and
(ii) ensure a secure timber supply for the
pulp and paper industry.
(b) Statements and Analyses.--Notwithstanding any other provision
of law, no requirement for the completion of a statement or analysis
under any law (including a regulation) administered by the Council on
Environmental Quality shall apply to any project or activity relating
to the recovery, reconstruction, or repair in any area described in
subsection (a) in response to a major disaster described in that
subsection.
(c) Zoning Regulations and Property Rights.--Notwithstanding any
other provision of law, no provision of Federal, State, or local law
(including a zoning regulation or other regulation) modified or applied
with respect to a major disaster described in subsection (a) shall
negate or otherwise affect the private property ownership rights of any
individual or entity that, on or after August 29, 2005, owns property
in an area described in subsection (a).
CHAPTER 5--HISTORIC PRESERVATION FUND
SEC. 661. HISTORIC PRESERVATION FUND.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means
any entity in a State affected by the declaration of a major
disaster in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170).
(2) Fund.--The term ``Fund'' means the Historic
Preservation Fund.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Conservation Project Grants.--
(1) Grants.--The Secretary shall provide grants from
amounts in the Fund to eligible entities in areas affected by
Hurricane Katrina or a related condition, as determined by the
Secretary, to carry out conservation projects.
(2) Use of funds.--An eligible entity that receives a grant
under this subsection shall use funds for conservation projects
relating to--
(A) nationally significant intellectual and
cultural artifacts, including collections, documents,
sculpture, and works of art; and
(B) nationally significant historic structures and
sites, including historic districts, buildings, and
objects.
(3) Administration.--
(A) In general.--Grants provided under this
subsection shall be administered by the Secretary, in
collaboration with the Louisiana State Historic
Preservation Office and the National Center of
Preservation Technology and Training at Natchitoches,
Louisiana.
(B) Federal share.--The Federal share of the cost
of a project under this subsection shall be not less
than 75 percent.
(C) Non-federal share.--The non-Federal share of
the cost of a project under this subsection--
(i) shall be not more than 25 percent; and
(ii) may be provided in cash or in kind.
(D) Limitations.--
(i) Period of availability.--A grant under
this subsection shall remain available for not
longer than 3 years after the date on which the
grant is provided.
(ii) Other limitations.--The Secretary may
establish such other limitations with respect
to a grant under this subsection as the
Secretary determines to be appropriate.
(4) Appropriations.--
(A) In general.--Notwithstanding any other
provision of law, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this
subsection $150,000,000, to remain available until
expended.
(B) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under
subparagraph (A), without further appropriation.
(c) Preservation Projects.--
(1) In general.--The Secretary shall provide grants from
amounts in the Fund to eligible entities in areas affected by
Hurricane Katrina or a related condition, as determined by the
Secretary, to carry out preservation projects.
(2) Use of funds.--An eligible entity that receives a grant
under this subsection shall use funds for preservation
projects--
(A) relating to the mitigation, stabilization,
rehabilitation, and restoration of--
(i) national historic landmarks affected by
Hurricane Katrina or a related condition, as
determined by the Secretary; and
(ii) other nationally significant cultural
properties affected by Hurricane Katrina or a
related condition, as determined by the
Secretary; or
(B) to provide conservation treatment to nationally
significant collections.
(3) Administration.--
(A) In general.--Grants provided under this
subsection shall be administered by the Secretary,
acting through the Director of the National Center for
Preservation Technology and Training of the National
Park Service, in accordance with the Standards for the
Treatment of Historic Properties of the Department of
the Interior.
(B) Federal share.--The Federal share of the cost
of a project under this subsection shall be 100
percent.
(4) Appropriations.--
(A) In general.--Notwithstanding any other
provision of law, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this
subsection $30,000,000, to remain available until
expended.
(B) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under
subparagraph (A), without further appropriation.
(d) Technical Assistance and Training.--
(1) In general.--The Secretary, acting through the Director
of the National Park Service, shall establish a program to
provide training and technical assistance to entities in the
States of Alabama, Louisiana, and Mississippi to rehabilitate
and restore areas affected by Hurricane Katrina or related
conditions, regardless of the eligibility of an entity to
receive a grant under this section.
(2) Administration.--
(A) In general.--The program under this subsection
shall be administered by the Secretary, acting through
the Director of the National Park Service, in
coordination with the Director of the National Center
for Preservation Technology and Training of the
National Park Service.
(B) Provision of information.--The Secretary shall
provide any information provided to eligible entities
under this subsection to--
(i) the Technical Preservation Services of
the National Park Service;
(ii) State historic preservation offices;
(iii) certified local governments;
(iv) federally recognized Indian tribes;
and
(v) affected local preservation
organizations.
(3) Appropriations.--
(A) In general.--Notwithstanding any other
provision of law, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this
subsection $8,000,000, to remain available until
expended, of which--
(i) not less than $2,000,000 shall be made
available to the Technical Preservation
Services of the National Park Service;
(ii) not less than $2,000,000 shall be made
available to the National Park Service Federal
Preservation Institute;
(iii) not less than $1,000,000 shall be
made available to the National Cemetery
Preservation Initiative; and
(iv) not less than $3,000,000 shall be made
available to the National Center for
Preservation Technology and Training of the
National Park Service.
(B) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under
subparagraph (A), without further appropriation.
(e) National Trust for Historic Preservation.--
(1) In general.--The Secretary shall provide grants to
eligible entities from amounts in the National Trust for
Historic Preservation (referred to in this subsection as the
``Trust'') to carry out preservation planning and technical
assistance activities in areas affected by Hurricane Katrina or
a related condition
(2) Priority.--In providing grants under this subsection,
the Secretary shall give priority to eligible entities located
in towns with a population of less than 50,000.
(3) Use of funds.--An eligible entity shall use a grant
received under this subsection to provide preservation services
to communities in the region of the eligible entity.
(4) Appropriations.--
(A) In general.--Notwithstanding any other
provision of law, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this
subsection $20,000,000, to remain available until
expended.
(B) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under
subparagraph (A), without further appropriation.
(C) Division of amounts.--Amounts appropriated
under subparagraph (A) may be divided between the
Preservation Services Fund, the National Preservation
Loan Fund, and the National Main Street Center of the
Trust to provide consulting services to communities, as
the Director of the Trust determines to be appropriate.
(f) Administration.--
(1) In general.--A project funded under this section shall
be exempt from any requirement under Federal law relating to--
(A) full-time employment; or
(B) limitations on travel expenses.
(2) Administrative costs.--An entity that receives a grant
under this section shall use not more than 5 percent of the
amount provided to pay administrative costs.
(3) Expedited contracts.--The Secretary shall expedite the
execution of any contract relating to a project under this
section, to the maximum extent practicable.
CHAPTER 6--MITIGATION MEASURES
SEC. 671. MITIGATION MEASURES.
(a) Appropriations.--Notwithstanding section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c), or any other provision of law, the President shall make
available to the Governor of the State of Louisiana an amount equal to
15 percent of the total amount of grants made to the State of Louisiana
through the Federal Emergency Management Agency in response to
Hurricane Katrina.
(b) Use of Funds.--The Governor of the State of Louisiana shall use
amounts made available under subsection (a) for activities relating to
flood prevention.
TITLE VII--JOBS CREATION AND REPOPULATION INCENTIVES
SEC. 700. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Internal Revenue Code of
1986.
Subtitle A--Emergency Tax Relief Measures
SEC. 700A. HURRICANE KATRINA DISASTER AREA.
For purposes of this subtitle, the term ``Hurricane Katrina
disaster area'' means an area--
(1) with respect to which a major disaster has been
declared by the President before September 14, 2005, under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act in connection with Hurricane Katrina,
and
(2) which--
(A) except as provided in subparagraph (B), is
determined by the President before such date to warrant
assistance from the Federal Government under such Act,
and
(B) in the case of sections 706 and 707, is
determined by the President before such date to warrant
individual assistance, or individual and public
assistance, from the Federal Government under such Act.
CHAPTER I--PENALTY FREE USE OF RETIREMENT FUNDS BY NATURAL DISASTER
VICTIMS
SEC. 701. PENALTY FREE WITHDRAWALS FROM RETIREMENT PLANS FOR VICTIMS OF
FEDERALLY DECLARED NATURAL DISASTERS.
(a) In General.--Paragraph (2) of section 72(t) (relating to 10-
percent additional tax on early distributions from qualified retirement
plans) is amended by adding at the end the following new subparagraph:
``(G) Distributions from retirement plans to
victims of federally declared natural disasters.--
``(i) Distribution allowed.--Any qualified
disaster-relief distribution.
``(ii) Amount distributed may be repaid.--
``(I) In general.--Any individual
who receives a qualified disaster-
relief distribution may, at any time
during the 3-year period beginning on
the day after the date on which such
distribution was made, make one or more
contributions in an aggregate amount
not to exceed the amount of such
distribution to an eligible retirement
plan (as defined in section
402(c)(8)(B)) of which such individual
is a beneficiary and to which a
rollover contribution of such
distribution could be made under
section 402(c), 403(a)(4), 403(b)(8),
408(d)(3), or 457(e)(16), as the case
may be.
``(II) Treatment of repayments for
distributions from eligible retirement
plans other than iras.--For purposes of
this title, if a contribution is made
pursuant to subclause (I) with respect
to a qualified disaster-relief
distribution from an eligible
retirement plan (as so defined) other
than an individual retirement plan,
then the taxpayer shall, to the extent
of the amount of the contribution, be
treated as having received the
qualified disaster-relief distribution
in an eligible rollover distribution
(as defined in section 402(c)(4)) and
as having transferred the amount to the
eligible retirement plan in a direct
trustee to trustee transfer within 60
days of the distribution.
``(III) Treatment of repayments for
distributions from iras.--For purposes
of this title, if a contribution is
made pursuant to subclause (I) with
respect to a qualified disaster-relief
distribution from an individual
retirement plan, then, to the extent of
the amount of the contribution, the
qualified disaster-relief distribution
shall be treated as a distribution
described in section 408(d)(3) and as
having been transferred to the eligible
retirement plan in a direct trustee to
trustee transfer within 60 days of the
distribution.
``(IV) Application to governmental
section 457 plans.--In determining
whether any distribution is a qualified
disaster-relief distribution for
purposes of this clause, an eligible
deferred compensation plan (as defined
in section 457(b)) maintained by an
employer described in section
457(e)(1)(A) shall be treated as a
qualified retirement plan.
``(iii) Qualified disaster-relief
distribution.--Except as provided in clause
(iv), for purposes of this subparagraph, the
term `qualified disaster-relief distribution'
means any distribution--
``(I) to an individual who has
sustained a loss as a result of a major
disaster declared under section 401 of
the Robert T. Stafford Disaster Relief
and Emergency Assistance Act and who
has a principal place of abode
immediately before the declaration in a
qualified disaster area, and
``(II) which is made during the 1-
year period beginning on the date such
declaration is made.
``(iv) Dollar limitation.--
``(I) In general.--The term
`qualified disaster-relief
distribution' shall not include any
distributions for any taxable year to
the extent the aggregate amount of such
distributions exceeds $100,000, reduced
by the aggregate amounts treated as
qualified disaster-relief distributions
with respect to such individual for all
prior taxable years.
``(II) Treatment of plan
distributions.--If a distribution to an
individual with respect to any such
major disaster would (without regard to
subclause (I)) be a qualified disaster-
relief distribution, a plan shall not
be treated as violating any requirement
of this title merely because it treats
such distribution as a qualified
disaster-relief distribution, unless
the aggregate amount of such
distributions from all plans maintained
by the employer (and any member of any
controlled group which includes the
employer) to such individual exceeds
$100,000.
``(v) Qualified disaster area.--For
purposes of this subparagraph, the term
`qualified disaster area' means an area--
``(I) with respect to which a major
disaster has been declared by the
President before September 14, 2005,
under section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act in connection with
Hurricane Katrina, and
``(II) which is determined by the
President before such date to warrant
assistance from the Federal Government
under such Act.''.
(b) Exemption of Distributions From Trustee to Trustee Transfer and
Withholding Rules.--Paragraph (4) of section 402(c) (relating to
eligible rollover distribution) is amended by striking ``and'' at the
end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and by inserting at the end
the following new subparagraph:
``(D) any qualified disaster-relief distribution
(within the meaning of section 72(t)(2)(G)).''.
(c) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) is amended by striking ``or''
at the end of subclause (III), by striking ``and'' at the end
of subclause (IV) and inserting ``or'', and by inserting after
subclause (IV) the following new subclause:
``(V) the date on which a period
referred to in section
72(t)(2)(G)(iii)(II) begins (but only
to the extent provided in section
72(t)(2)(G)), and''.
(2) Section 403(b)(7)(A)(ii) is amended by inserting
``sustains a loss as a result of a major disaster declared
under section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by reason of Hurricane Katrina (but
only to the extent provided in section 72(t)(2)(G)),'' before
``or''.
(3) Section 403(b)(11) is amended by striking ``or'' at the
end of subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, or'', and by inserting after
subparagraph (B) the following new subparagraph:
``(C) for distributions to which section
72(t)(2)(G) applies.''.
(4) Section 457(d)(1)(A) is amended by striking ``or'' at
the end of clause (ii), by adding ``or'' at the end of clause
(iii), and by adding at the end the following new clause:
``(iv) in the case of an eligible deferred
compensation plan established and maintained by
an employer described in subsection (e)(1)(A),
when the participant sustains a loss as a
result of a major disaster declared under
section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act by reason
of Hurricane Katrina (but only to the extent
provided in section 72(t)(2)(G)),''.
(d) Effective Date.--The amendments made by this section shall
apply to distributions received after August 28, 2005.
SEC. 702. INCOME AVERAGING FOR DISASTER-RELIEF DISTRIBUTIONS RELATED TO
HURRICANE KATRINA.
(a) In General.--In the case of any qualified disaster-relief
distribution (within the meaning of section 72(t)(2)(G) of the Internal
Revenue Code of 1986) from a qualified retirement plan (as defined in
section 4974(c) of such Code) to a qualified individual, unless the
taxpayer elects not to have this section apply for any taxable year,
any amount required to be included in gross income for such taxable
year shall be so included ratably over the 3-taxable year period
beginning with such taxable year.
(b) Special Rules.--
(1) Application to governmental section 457 plans.--In
determining whether any distribution is a qualified disaster-
relief distribution (as so defined) for purposes of this
section, an eligible deferred compensation plan (as defined in
section 457(b) of such Code) maintained by an employer
described in section 457(e)(1)(A) of such Code shall be treated
as a qualified retirement plan (as so defined)
(2) Certain rules to apply.--Rules similar to the rules of
subparagraph (E) of section 408A(d)(3) of such Code shall apply
for purposes of this section.
(c) Qualified Individual.--For purposes of this section, the term
``qualified individual'' means an individual who has sustained a loss
as a result of the major disaster declared under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) in connection with Hurricane Katrina and who has a
principal place of abode immediately before the declaration in a
Hurricane Katrina disaster area.
SEC. 703. RECONTRIBUTIONS OF WITHDRAWALS FOR HOME PURCHASES CANCELLED
DUE TO HURRICANE KATRINA.
(a) Recontributions.--
(1) In general.--Any individual who received a qualified
distribution may, at any time during the 6-month period
beginning on the day after the disaster declaration date, make
one or more contributions in an aggregate amount not to exceed
the amount of such qualified distribution to an eligible
retirement plan (as defined in section 402(c)(8)(B) of the
Internal Revenue Code of 1986) of which such individual is a
beneficiary and to which a rollover contribution of such
distribution could be made under section 402(c), 403(a)(4),
403(b)(8), or 408(d)(3) of such Code, as the case may be.
(2) Treatment of repayments.--
(A) Treatment of repayments for distributions from
eligible retirement plans other than iras.--For
purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to paragraph (1) with
respect to a qualified distribution from an eligible
retirement plan (as so defined) other than an
individual retirement plan (as defined in section
7701(a)(37) of such Code), then the taxpayer shall, to
the extent of the amount of the contribution, be
treated as having received the qualified distribution
in an eligible rollover distribution (as defined in
section 402(c)(4) of such Code) and as having
transferred the amount to the eligible retirement plan
in a direct trustee to trustee transfer within 60 days
of the distribution.
(B) Treatment of repayments for distributions from
iras.--For purposes of the Internal Revenue Code of
1986, if a contribution is made pursuant to paragraph
(1) with respect to a qualified distribution from an
individual retirement plan (as so defined), then, to
the extent of the amount of the contribution, the
qualified distribution shall be treated as a
distribution described in section 408(d)(3) of such
Code and as having been transferred to the eligible
retirement plan (as so defined) in a direct trustee to
trustee transfer within 60 days of the distribution.
(b) Definitions.--For purposes of this section--
(1) Qualified distribution.--The term ``qualified
distribution'' means any distribution--
(A) described in section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(ii) (but only to the extent such
distribution relates to financial hardship),
403(b)(11)(B), or 72(t)(2)(F) of the Internal Revenue
Code of 1986,
(B) received after February 28, 2005, and before
August 29, 2005, and
(C) which was to be used to purchase or construct a
principal residence in a Hurricane Katrina disaster
area, but which was not so purchased or constructed.
(2) Disaster declaration date.--The term ``disaster
declaration date'' means the date on which the President
designated the area as a Hurricane Katrina disaster area.
SEC. 704. LOANS FROM QUALIFIED PLANS TO VICTIMS OF HURRICANE KATRINA.
(a) Increase in Limit on Loans Not Treated as Distributions.--In
the case of any loan from a qualified employer plan (as defined under
section 72(p)(4) of the Internal Revenue Code of 1986) to a qualified
individual (as defined in section 102(c)) made after the date of
enactment of this Act and before the date which is 1 year after the
disaster declaration date (as defined in section 103(b)(2))--
(1) clause (i) of section 72(p)(2)(A) of such Code shall be
applied by substituting ``$100,000'' for ``$50,000'', and
(2) clause (ii) of such section shall be applied by
substituting ``the present value of the nonforfeitable accrued
benefit of the employee under the plan'' for ``one-half of the
present value of the nonforfeitable accrued benefit of the
employee under the plan''.
(b) Delay of Repayment.--In the case of a qualified individual (as
defined in section 102(c)) with an outstanding loan on or after August
26, 2005, from a qualified employer plan (as defined in section
72(p)(4) of the Internal Revenue Code of 1986)--
(1) if the due date pursuant to subparagraph (B) or (C) of
section 72(p)(2) of such Code for any repayment with respect to
such loan occurs during the period beginning after August 29,
2005, and ending before August 30, 2006, such due date shall be
delayed for 1 year,
(2) any subsequent repayments with respect to any such loan
shall be appropriately adjusted to reflect the delay in the due
date under paragraph (1) and any interest accruing during such
delay, and
(3) in determining the 5-year period and the term of a loan
under subparagraph (B) or (C) of section 72(p)(2) of such Code,
such period shall be disregarded.
SEC. 705. PROVISIONS RELATING TO PLAN AMENDMENTS.
(a) In General.--If this section applies to any plan or contract
amendment such plan or contract shall be treated as being operated in
accordance with the terms of the plan during the period described in
subsection (b)(2)(A).
(b) Amendments to Which Section Applies.--
(1) In general.--This section shall apply to any amendment
to any plan or annuity contract which is made--
(A) pursuant to any amendment made by this title,
or pursuant to any regulation issued by the Secretary
of the Treasury or the Secretary of Labor under this
title, and
(B) on or before the last day of the first plan
year beginning on or after January 1, 2007, or such
later date as the Secretary of the Treasury may
prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), subparagraph (B)
shall be applied by substituting the date which is 2 years
after the date otherwise applied under subparagraph (B).
(2) Conditions.--This section shall not apply to any
amendment unless--
(A) during the period--
(i) beginning on the date the legislative
or regulatory amendment described in paragraph
(1)(A) takes effect (or in the case of a plan
or contract amendment not required by such
legislative or regulatory amendment, the
effective date specified by the plan), and
(ii) ending on the date described in
paragraph (1)(B) (or, if earlier, the date the
plan or contract amendment is adopted),
the plan or contract is operated as if such plan or
contract amendment were in effect; and
(B) such plan or contract amendment applies
retroactively for such period.
CHAPTER II--EMPLOYMENT RELIEF
SEC. 706. WORK OPPORTUNITY TAX CREDIT FOR HURRICANE KATRINA EMPLOYEES.
(a) In General.--For purposes of section 51 of the Internal Revenue
Code of 1986, a Hurricane Katrina employee shall be treated as a member
of a targeted group.
(b) Hurricane Katrina Employee.--For purposes of this section, the
term ``Hurricane Katrina employee'' means any individual who, on August
28, 2005, had a principal place of abode in a Hurricane Katrina
disaster area.
(c) Special Rules for Determining Credit.--For purposes of applying
subpart F of part IV of subchapter A of chapter 1 of such Code to wages
paid or incurred to any Hurricane Katrina employee--
(1) section 51(c)(4) of such Code shall not apply, and
(2) except in the case of an employee of the employer
(within the meaning of section 51 of such Code) on August 28,
2005, or an employee initially hired after such date, section
51(i)(2) of such Code shall not apply.
(d) Application of Section.--This section shall apply only to wages
(within the meaning on section 51(c) of such Code) paid or incurred to
any individual who--
(1) is being hired for a position the principal place of
employment of which is located in a Hurricane Katrina disaster
area, and
(2) who begins work for the employer during the 2-year
period beginning on August 29, 2005.
SEC. 707. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY HURRICANE
KATRINA.
(a) In General.--In the case of an eligible employer, there shall
be allowed as a credit against the tax imposed by chapter 1 of the
Internal Revenue Code of 1986 for the taxable year an amount equal to
40 percent of the qualified wages with respect to each eligible
employee of such employer for such taxable year. For purposes of the
preceding sentence, the amount of qualified wages which may be taken
into account with respect to any individual shall not exceed $6,000.
(b) Definitions.--For purposes of this section--
(1) Eligible employer.--The term ``eligible employer''
means any employer--
(A) which conducted an active trade or business on
August 28, 2005, in a Hurricane Katrina disaster area,
and
(B) with respect to whom the trade or business
described in subparagraph (A) is inoperable on any day
after August 28, 2005, and before January 1, 2006, as a
result of damage sustained in connection with Hurricane
Katrina.
(2) Eligible employee.--The term ``eligible employee''
means with respect to an eligible employer--
(A) an employee whose principal place of employment
on August 28, 2005, with such eligible employer was in
a Hurricane Katrina disaster area, or
(B) a Ready Reserve-National Guard employee of such
eligible employer who is performing qualified active
duty and whose principal place of employment
immediately before the date on which such employee
began performing such qualified active duty was in a
Hurricane Katrina disaster area.
(3) Qualified wages.--The term ``qualified wages'' means
wages (as defined in section 51(c)(1) of the Internal Revenue
Code of 1986, but without regard to section 3306(b)(2)(B) of
such Code) paid or incurred by an eligible employer with
respect to an eligible employee on any day after August 28,
2005, and before January 1, 2006, which occurs during the
period--
(A) beginning on the date on which the trade or
business described in paragraph (1) first became
inoperable at the principal place of employment of the
employee immediately before Hurricane Katrina, and
(B) ending on the date on which such trade or
business has resumed significant operations at such
principal place of employment.
Such term shall include wages paid without regard to whether
the employee performs no services, performs services at a
different place of employment than such principal place of
employment, or performs services at such principal place of
employment before significant operations have resumed.
(4) Ready reserve-national guard employee.--The term
``Ready Reserve-National Guard employee'' means an employee who
is a member of the Ready Reserve of a reserve component of an
Armed Force of the United States as described in section 10142
and 10101 of title 10, United States Code and who is performing
qualified active duty.
(5) Qualified active duty.--The term ``qualified active
duty'' means--
(A) active duty, other than the training duty
specified in section 10147 of title 10, United States
Code (relating to training requirements for Ready
Reserve), or section 502(a) of title 32, United States
Code (relating to required drills and field exercises
for the National Guard), in connection with which an
employee is entitled to reemployment rights and other
benefits or to a leave of absence from employment under
chapter 43 of title 38, United States Code, and
(B) hospitalization incident to such duty.
(c) Certain Rules To Apply.--For purposes of this section, rules
similar to the rules of sections 51(i)(1), 52, and 280C(a) of the
Internal Revenue Code of 1986 of the shall apply.
(d) Credit To Be Part of General Business Credit.--The credit
allowed under this section shall be added to the current year business
credit under section 38(b) of the Internal Revenue Code of 1986 and
shall be treated as a credit allowed under subpart D of part IV of
subchapter A of chapter 1 of such Code.
CHAPTER III--CHARITABLE GIVING INCENTIVES
SEC. 711. TEMPORARY SUSPENSION OF LIMITATIONS ON CHARITABLE
CONTRIBUTIONS.
(a) In General.--Except as otherwise provided in subsection (b),
section 170(b) of the Internal Revenue Code of 1986 shall not apply to
qualified contributions and such contributions shall not be taken into
account for purposes of subsections (b) and (d) of section 170 of the
Internal Revenue Code of 1986.
(b) Treatment of Excess Contributions.--For purposes of section 170
of such Code--
(1) Individuals.--In the case of an individual--
(A) Limitation.--Any qualified contribution shall
be allowed only to the extent that the aggregate of
such contributions does not exceed the excess of the
taxpayer's contribution base (as defined in paragraph
(1) of section 170(b) of such Code) over the amount of
all other charitable contributions allowed under such
paragraph.
(B) Carryover.--If the aggregate amount of
qualified contributions made in the contribution year
(within the meaning of section 170(d)(1) of such Code)
exceeds the limitation of subparagraph (A), such excess
shall be added to the excess described in the portion
of subparagraph (A) of such section which precedes
clause (i) thereof for purposes of applying such
section.
(2) Corporations.--In the case of a corporation--
(A) Limitation.--Any qualified contribution shall
be allowed only to the extent that the aggregate of
such contributions does not exceed the excess of the
taxpayer's taxable income (as determined under
paragraph (2) of section 170(b) of such Code) over the
amount of all other charitable contributions allowed
under such paragraph.
(B) Carryover.--Rules similar to the rules of
paragraph (1)(B) shall apply for purposes of this
paragraph.
(c) Exception to Overall Limitation on Itemized Deductions.--So
much of any deduction allowed under section 170 of such Code as does
not exceed the qualified contributions made during the taxable year
shall not be treated as an itemized deduction for purposes of section
68 of such Code.
(d) Qualified Contributions.--For purposes of this section, the
term ``qualified contribution'' means any charitable contribution (as
defined in section 170(c) of such Code)--
(1) made during the period beginning on August 28, 2005,
and ending on December 31, 2005, in cash to an organization
described in section 170(b)(1)(A) of such Code (other than an
organization described in section 509(a)(3) of such Code), and
(2) with respect to which the taxpayer has elected the
application of this section.
In the case of a partnership or S corporation, the election under
paragraph (2) shall be made separately by each partner or shareholder.
In the case of a corporation, a contribution shall be treated as a
qualified contribution only if the contribution is for relief efforts
related to Hurricane Katrina.
SEC. 712. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORIES.
(a) In General.--Subsection (e) of section 170 (relating to certain
contributions of ordinary income and capital gain property) is amended
by adding at the end the following new paragraph:
``(7) Application of paragraph (3) to certain contributions
of food inventory.--For purposes of this section--
``(A) Extension to individuals.--In the case of a
charitable contribution of apparently wholesome food--
``(i) paragraph (3)(A) shall be applied
without regard to whether the contribution is
made by a C corporation, and
``(ii) in the case of a taxpayer other than
a C corporation, the aggregate amount of such
contributions for any taxable year which may be
taken into account under this section shall not
exceed 10 percent of the taxpayer's net income
for such taxable year from all trades or
businesses from which such contributions were
made for such taxable year, computed without
regard to this section.
``(B) Limitation on reduction.--In the case of a
charitable contribution of apparently wholesome food,
notwithstanding paragraph (3)(B), the amount of the
reduction determined under paragraph (1)(A) shall not
exceed the amount by which the fair market value of
such property exceeds twice the basis of such property.
``(C) Determination of basis.--If a taxpayer--
``(i) does not account for inventories
under section 471, and
``(ii) is not required to capitalize
indirect costs under section 263A,
the taxpayer may elect, solely for purposes of
paragraph (3)(B), to treat the basis of any apparently
wholesome food as being equal to 25 percent of the fair
market value of such food.
``(D) Determination of fair market value.--In the
case of a charitable contribution of apparently
wholesome food which is a qualified contribution
(within the meaning of paragraph (3), as modified by
subparagraph (A) of this paragraph) and which, solely
by reason of internal standards of the taxpayer or lack
of market, cannot or will not be sold, the fair market
value of such contribution shall be determined--
``(i) without regard to such internal
standards or such lack of market and
``(ii) by taking into account the price at
which the same or substantially the same food
items (as to both type and quality) are sold by
the taxpayer at the time of the contribution
(or, if not so sold at such time, in the recent
past).
``(E) Apparently wholesome food.--For purposes of
this paragraph, the term `apparently wholesome food'
has the meaning given such term by section 22(b)(2) of
the Bill Emerson Good Samaritan Food Donation Act (42
U.S.C. 1791(b)(2)), as in effect on the date of the
enactment of this paragraph.
``(F) Application.--This paragraph shall apply to
contributions made after August 28, 2005, and before
January 1, 2006.''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made after August 28, 2005.
SEC. 713. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF BOOK INVENTORIES.
(a) In General.--Section 170(e)(3) (relating to certain
contributions of ordinary income and capital gain property) is amended
by redesignating subparagraph (C) as subparagraph (D) and by inserting
after subparagraph (B) the following new subparagraph:
``(C) Special rule for contributions of book
inventory for educational purposes.--
``(i) Contributions of book inventory.--In
determining whether a qualified book
contribution is a qualified contribution,
subparagraph (A) shall be applied without
regard to whether--
``(I) the donee is an organization
described in the matter preceding
clause (i) of subparagraph (A), and
``(II) the property is to be used
by the donee solely for the care of the
ill, the needy, or infants.
``(ii) Amount of reduction.--
Notwithstanding subparagraph (B), the amount of
the reduction determined under paragraph (1)(A)
shall not exceed the amount by which the fair
market value of the contributed property (as
determined by the taxpayer using a bona fide
published market price for such book) exceeds
twice the basis of such property.
``(iii) Qualified book contribution.--For
purposes of this paragraph, the term `qualified
book contribution' means a charitable
contribution of books, but only if the
requirements of clauses (iv) and (v) are met.
``(iv) Identity of donee.--The requirement
of this clause is met if the contribution is to
an organization--
``(I) described in subclause (I) or
(III) of paragraph (6)(B)(i), or
``(II) described in section
501(c)(3) and exempt from tax under
section 501(a) (other than a private
foundation, as defined in section
509(a), which is not an operating
foundation, as defined in section
4942(j)(3)), which is organized
primarily to make books available to
the general public at no cost or to
operate a literacy program.
``(v) Certification by donee.--The
requirement of this clause is met if, in
addition to the certifications required by
subparagraph (A) (as modified by this
subparagraph), the donee certifies in writing
that--
``(I) the books are suitable, in
terms of currency, content, and
quantity, for use in the donee's
educational programs, and
``(II) the donee will use the books
in its educational programs.
``(vi) Bona fide published market price.--
For purposes of this subparagraph, the term
`bona fide published market price' means, with
respect to any book, a price--
``(I) determined using the same
printing and edition,
``(II) determined in the usual
market in which such a book has been
customarily sold by the taxpayer, and
``(III) for which the taxpayer can
demonstrate to the satisfaction of the
Secretary that the taxpayer customarily
sold such books in arm's length
transactions within 7 years preceding
the contribution of such a book.
``(vii) Application.--This subparagraph
shall apply to contributions made after August
28, 2005, and before January 1, 2006.''.
(b) Effective Date.--The amendments made by this section shall
apply to contributions made after August 28, 2005.
SEC. 714. ADDITIONAL EXEMPTION FOR HOUSING HURRICANE KATRINA DISPLACED
INDIVIDUALS.
(a) In General.--In the case of taxable years of a natural person
beginning in 2005 and 2006, for purposes of the Internal Revenue Code
of 1986, taxable income shall be reduced by $500 for each Hurricane
Katrina displaced individual of the taxpayer for the taxable year.
(b) Limitations.--
(1) Dollar limitation.--The reduction under subsection (a)
shall not exceed $2,000, reduced by the amount of the reduction
under this section for all previous taxable years.
(2) Individuals taken into account only once.--An
individual shall not be taken into account under subsection (a)
if such individual was taken into account under such subsection
by the taxpayer in any prior taxable year.
(c) Hurricane Katrina Displaced Individual.--For purposes of this
subsection, the term ``Hurricane Katrina displaced individual'' means,
with respect to any taxpayer for any taxable year, a natural person
who--
(1) was (as of August 28, 2005) a resident of any Hurricane
Katrina disaster area,
(2) is displaced from the person's residence located in the
area described in paragraph (1), and
(3) is provided housing free of charge by the taxpayer in
the principal residence of the taxpayer for a period of 60
consecutive days which ends in such taxable year.
Such term shall not include the spouse or any dependent of the
taxpayer.
SEC. 715. INCREASE IN STANDARD MILEAGE RATE FOR CHARITABLE USE OF
PASSENGER AUTOMOBILE.
Notwithstanding section 170(i) of the Internal Revenue Code of
1986, for purposes of computing the deduction under section 170 of such
Code for use of a vehicle described in subsection (f)(12)(E)(i) for
provision of relief related to Hurricane Katrina during the period
beginning on August 29, 2005, and ending before January 1, 2007, the
standard mileage rate shall be 70 percent of the standard mileage rate
in effect under section 162(a) of such Code at the time of such use.
Any increase under this section shall be rounded to the next highest
cent.
SEC. 716. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS EXCLUDED FROM
GROSS INCOME.
(a) In General.--Part III of subchapter B of chapter 1 is amended
by inserting after section 139A the following new section:
``SEC. 139B. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS.
``(a) In General.--Gross income of an individual does not include
amounts received, from an organization described in section 170(c), as
reimbursement of operating expenses with respect to use of a passenger
automobile for the benefit of such organization. The preceding sentence
shall apply only to the extent that the expenses which are reimbursed
would be deductible under this chapter if section 274(d) were applied--
``(1) by using the standard business mileage rate
established under such section, and
``(2) as if the individual were an employee of an
organization not described in section 170(c).
``(b) Application to Volunteer Services Only.--Subsection (a) shall
not apply with respect to any expenses relating to the performance of
services for compensation.
``(c) No Double Benefit.--A taxpayer may not claim a deduction or
credit under any other provision of this title with respect to the
expenses under subsection (a).
``(d) Exemption From Reporting Requirements.--Section 6041 shall
not apply with respect to reimbursements excluded from income under
subsection (a).
``(e) Termination.--This section shall not apply to use of a
passenger automobile after December 31, 2006.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 is amended by inserting after the item
relating to section 139A the following new item:
``Sec. 139B. Mileage reimbursements to charitable volunteers.''.
(c) Effective Date.--The amendments made by this section shall
apply to the use of a passenger automobile after the date of the
enactment of this Act, in taxable years ending after such date.
CHAPTER IV--ADDITIONAL TAX RELIEF PROVISIONS
SEC. 721. EXCLUSIONS OF CERTAIN CANCELLATIONS OF INDEBTEDNESS FOR
VICTIMS OF HURRICANE KATRINA.
(a) In General.--For purposes of the Internal Revenue Code of 1986,
gross income shall not include any amount which (but for this section)
would be includible in gross income by reason of the discharge (in
whole or in part) of indebtedness of a natural person by an applicable
entity (as defined in section 6050P(c)(1)) if the discharge is by
reason of the damage sustained by the taxpayer in connection with
Hurricane Katrina.
(b) Exception.--Subsection (a) shall not apply to any indebtedness
incurred in connection with a trade or business.
(c) Denial of Double Benefit.--The amount excluded from gross
income under subsection (a) shall be applied to reduce the tax
attributes of the taxpayer as provided in section 108(b) of such Code.
(d) Effective Date.--This section shall apply to discharges made on
or after August 29, 2005, and before January 1, 2007.
SEC. 722. SUSPENSION OF CERTAIN LIMITATIONS ON PERSONAL CASUALTY
LOSSES.
Paragraphs (1) and (2)(A) of section 165(h) of the Internal Revenue
Code of 1986 shall not apply to losses described in section 165(c)(3)
of such Code which are attributable to Hurricane Katrina. In the case
of any other losses, section 165(h)(2)(A) of such Code shall be applied
without regard to the losses referred to in the preceding sentence.
SEC. 723. REQUIRED EXERCISE OF AUTHORITY UNDER SECTION 7508A FOR TAX
RELIEF FOR VICTIMS OF HURRICANE KATRINA.
(a) Authority Includes Suspension of Payment of Employment and
Excise Taxes.--Subparagraphs (A) and (B) of section 7508(a)(1) are
amended to read as follows:
``(A) Filing any return of income, estate, gift,
employment, or excise tax;
``(B) Payment of any income, estate, gift,
employment, or excise tax or any installment thereof or
of any other liability to the United States in respect
thereof;''.
(b) Application to Victims of Hurricane Katrina.--In the case of
any taxpayer determined by the Secretary of the Treasury to be affected
by the Presidentially declared disaster relating to Hurricane Katrina,
any relief provided by the Secretary of the Treasury under section
7508A of the Internal Revenue Code of 1986 shall be for a period ending
not earlier than February 28, 2006, and shall be treated as applying to
the filing of returns relating to, and the payment of, employment and
excise taxes.
(c) Effective Date.--The amendment made by subsection (a) shall
apply for any period for performing an act which has not expired before
August 29, 2005.
SEC. 724. SPECIAL MORTGAGE FINANCING RULES FOR RESIDENCES LOCATED IN
HURRICANE KATRINA DISASTER AREA.
In the case of a residence located in a Hurricane Katrina disaster
area which replaces a residence destroyed by Hurricane Katrina or which
is being repaired for damage caused by Hurricane Katrina, section 143
of the Internal Revenue Code of 1986 shall be applied with the
following modifications to financing provided with respect to such
residence within 3 years after the date of the disaster declaration:
(1) Subsections (d) of such section 143 shall be applied as
if such residence were a targeted area residence.
(2) The limitation under subsection (k)(4) of such section
143 shall be increased (but not above $150,000) to the extent
the qualified home-improvement loan is for the repair of damage
caused by Hurricane Katrina.
This section shall apply only with respect to bonds issued after August
28, 2005, and before August 29, 2008.
SEC. 825. EXTENSION OF REPLACEMENT PERIOD FOR NONRECOGNITION OF GAIN
FOR PROPERTY 7OCATED IN HURRICANE KATRINA DISASTER AREA.
Notwithstanding subsections (g) and (h) of section 1033 of the
Internal Revenue Code of 1986, clause (i) of section 1033(a)(2)(B) of
such Code shall be applied by substituting ``5 years'' for ``2 years''
with respect to property which is compulsorily or involuntarily
converted as a result of Hurricane Katrina in a Hurricane Katrina
disaster area, but only if substantially all of the use of the
replacement property is in such area.
SEC. 726. SPECIAL RULE FOR DETERMINING EARNED INCOME.
(a) In General.--In the case of a qualified individual, if the
earned income of the taxpayer for the taxable year of such taxpayer
which includes August 28, 2005, is less than the earned income which is
attributable to the taxpayer for the preceding taxable year, the
credits allowed under sections 24(d) and 32 of the Internal Revenue
Code of 1986 may, at the election of the taxpayer, be determined by
substituting--
(1) such earned income for the preceding taxable year, for
(2) such earned income for the taxable year which includes
August 28, 2005.
(b) Qualified Individual.--For purposes of this section, the term
``qualified individual'' means any individual whose principal place of
abode was (as of August 28, 2005) in any Hurricane Katrina disaster
area.
(c) Earned Income.--For purposes of this section, the term ``earned
income'' has the meaning given such term under section 32(c) of such
Code.
(d) Special Rules.--
(1) Application to joint returns.--For purpose of
subsection (a), in the case of a joint return for a taxable
year which includes August 28, 2005,
(A) such subsection shall apply if either spouse is
a qualified individual,
(B) the earned income which is attributable to the
taxpayer for the preceding taxable year shall be the
sum of the earned income which is attributable to each
spouse for such preceding taxable year, and
(C) the substitution described in such subsection
shall apply only with respect to earned income which is
attributable to a spouse who is a qualified individual.
(2) Uniform application of election.--Any election made
under subsection (a) shall apply with respect to both section
24(d) and section 32 of such Code.
(3) Errors treated as mathematical error.--For purposes of
section 6213 of such Code, an incorrect use on a return of
earned income pursuant to subsection (a) shall be treated as a
mathematical or clerical error.
(4) No effect on determination of gross income.--For
purposes of the Internal Revenue Code of 1986, gross income
shall be determined without regard to any substitution under
subsection (a).
SEC. 727. SECRETARIAL AUTHORITY TO MAKE ADJUSTMENTS REGARDING TAXPAYER
AND DEPENDENCY STATUS.
With respect to taxable years beginning in 2005 or 2006, the
Secretary of the Treasury or the Secretary's delegate may make such
adjustments in the application of the internal revenue laws as may be
necessary to ensure that taxpayers do not lose any deduction or credit
or experience a change of filing status by reason of temporary
relocations after Hurricane Katrina or by reason of the receipt of
hurricane relief. Any adjustments made under the preceding sentence
shall ensure that an individual is not taken into account by more than
one taxpayer with respect to the same tax benefit.
CHAPTER V--EMERGENCY REQUIREMENT
SEC. 731. EMERGENCY REQUIREMENT.
Any provision of this Act causing an effect on receipts, budget
authority, or outlays is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Subtitle II--Additional Tax Incentives
SEC. 741. TAX BENEFITS FOR THE MAJOR DISASTER AREA DAMAGED IN HURRICANE
KATRINA.
(a) In General.--Chapter 1 is amended by adding at the end the
following new subchapter:
``Subchapter Z--Hurricane Katrina Disaster Zone Benefits
``Sec. 1400M. Tax benefits for Hurricane Katrina Disaster Zone.
``SEC. 1400M. TAX BENEFITS FOR HURRICANE KATRINA DISASTER ZONE.
``(a) Special Allowance for Certain Property Acquired After August
28, 2005.--
``(1) Additional allowance.--In the case of any qualified
Hurricane Katrina Disaster Zone property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall include an
allowance equal to 50 percent of the adjusted basis of
such property, and
``(B) the adjusted basis of the qualified Hurricane
Katrina Disaster Zone property shall be reduced by the
amount of such deduction before computing the amount
otherwise allowable as a depreciation deduction under
this chapter for such taxable year and any subsequent
taxable year.
``(2) Qualified hurricane katrina disaster zone property.--
For purposes of this subsection--
``(A) In general.--The term `qualified Hurricane
Katrina Disaster Zone property' means property--
``(i)(I) which is described in section
168(k)(2)(A)(i), or
``(II) which is nonresidential real
property, or residential rental property, which
is described in subparagraph (B),
``(ii) substantially all of the use of
which is in the Hurricane Katrina Disaster Zone
and is in the active conduct of a trade or
business by the taxpayer in such Zone,
``(iii) the original use of which in the
Hurricane Katrina Disaster Zone commences with
the taxpayer after August 29, 2005,
``(iv) which is acquired by the taxpayer by
purchase (as defined in section 179(d)) after
August 28, 2005, but only if no written binding
contract for the acquisition was in effect
before August 29, 2005, and
``(v) which is placed in service by the
taxpayer on or before the termination date.
The term `termination date' means December 31, 2012
(December 31, 2015, in the case of nonresidential real
property and residential rental property).
``(B) Eligible real property.--Nonresidential real
property or residential rental property is described in
this subparagraph only to the extent it rehabilitates
real property damaged, or replaces real property
destroyed or condemned, as a result of Hurricane
Katrina. For purposes of the preceding sentence,
property shall be treated as replacing real property
destroyed or condemned if, as part of an integrated
plan, such property replaces real property which is
included in a continuous area which includes real
property destroyed or condemned.
``(C) Exceptions.--
``(i) Alternative depreciation property.--
The term `qualified Hurricane Katrina Disaster
Zone property' shall not include any property
described in section 168(k)(2)(D)(i).
``(ii) Qualified hurricane katrina disaster
zone leasehold improvement property.--Such term
shall not include any qualified Hurricane
Katrina Disaster Zone leasehold improvement
property.
``(iii) Election out.--For purposes of this
subsection, rules similar to the rules of
section 168(k)(2)(D)(iii) shall apply.
``(D) Special rules.--For purposes of this
subsection, rules similar to the rules of section
168(k)(2)(E) shall apply, except that clause (i)
thereof shall be applied without regard to `and January
1, 2005' and clause (iv) thereof shall be applied by
substituting `qualified Hurricane Katrina Disaster Zone
property' for `qualified property'.
``(E) Allowance against alternative minimum tax.--
For purposes of this subsection, rules similar to the
rules of section 168(k)(2)(G) shall apply.
``(b) 5-Year Recovery Period for Depreciation of Certain Leasehold
Improvements.--
``(1) In general.--For purposes of section 168, the term
`5-year property' includes any qualified Hurricane Katrina
Disaster Zone leasehold improvement property.
``(2) Qualified hurricane katrina disaster zone leasehold
improvement property.--For purposes of this section, the term
`qualified Hurricane Katrina Disaster Zone leasehold
improvement property' means qualified leasehold improvement
property (as defined in section 168(k)(3)) if--
``(A) such building is located in the Hurricane
Katrina Disaster Zone,
``(B) such improvement is placed in service after
August 28, 2005, and before January 1, 2007, and
``(C) no written binding contract for such
improvement was in effect before August 28, 2005.
``(3) Requirement to use straight line method.--The
applicable depreciation method under section 168 shall be the
straight line method in the case of qualified Hurricane Katrina
Disaster Zone leasehold improvement property.
``(4) 9-year recovery period under alternative system.--For
purposes of section 168(g), the class life of qualified
Hurricane Katrina Disaster Zone leasehold improvement property
shall be 9 years.
``(c) Tax-Exempt Bond Financing.--
``(1) In general.--For purposes of this title, any
qualified Hurricane Katrina Disaster Bond shall be treated as
an exempt facility bond.
``(2) Qualified hurricane katrina disaster bond.--For
purposes of this subsection, the term `qualified Hurricane
Katrina Disaster Bond' means any bond issued as part of an
issue if--
``(A) 95 percent or more of the net proceeds (as
defined in section 150(a)(3)) of such issue are to be
used for qualified project costs,
``(B) such bond is issued by a State or political
subdivision in which a part of the Hurricane Katrina
Disaster Zone is located,
``(C) the Governor designates such bond for
purposes of this section, and
``(D) such bond is issued after the date of the
enactment of this section and before January 1, 2011.
``(3) Limitations on amount of bonds.--
``(A) Aggregate amount designated.--The maximum
aggregate face amount of bonds which may be designated
under this subsection shall not exceed $45,000,000,000.
``(B) Movable property.--No bonds shall be issued
which are to be used for movable fixtures and
equipment.
``(4) Qualified project costs.--For purposes of this
subsection, the term `qualified project costs' means the cost
of acquisition, construction, reconstruction, and renovation
of--
``(A) nonresidential real property (including
nonprofit and commercial business, recreational,
transportation, health care, and education facilities),
residential real property, and residential rental
property (including fixed tenant improvements
associated with such property) located in the Hurricane
Katrina Disaster Zone, including related
infrastructure, and
``(B) public utility property (as defined in
section 168(i)(10)) located in the Hurricane Katrina
Disaster Zone.
``(5) Special rules.--In applying this title to any
qualified Hurricane Katrina Disaster Bond, the following
modifications shall apply:
``(A) Sections 146 (relating to volume cap), 147(f)
(relating to public approval), and 149(b) (relating to
Federal guarantees) shall not apply.
``(B) Sections 142(d) and 150(b)(2) (relating to
tenant targeting rules for residential rental property
shall not apply,
``(C) Section 147(d) (relating to acquisition of
existing property not permitted) shall be applied by
substituting `50 percent' for `15 percent' each place
it appears.
``(D) Section 148(f)(4)(C) (relating to exception
from rebate for certain proceeds to be used to finance
construction expenditures) shall apply to the available
construction proceeds of bonds issued under this
section.
``(E) Repayments of principal on financing provided
by the issue--
``(i) may not be used to provide financing,
and
``(ii) must be used not later than the
close of the 1st semiannual period beginning
after the date of the repayment to redeem bonds
which are part of such issue.
The requirement of clause (ii) shall be treated as met
with respect to amounts received within 10 years after
the date of issuance of the issue (or, in the case of a
refunding bond, the date of issuance of the original
bond) if such amounts are used by the close of such 10
years to redeem bonds which are part of such issue.
``(F) Section 57(a)(5) shall not apply.
``(6) Separate issue treatment of portions of an issue.--
This subsection shall not apply to the portion of an issue
which (if issued as a separate issue) would be treated as a
qualified bond or as a bond that is not a private activity bond
(determined without regard to paragraph (1)), if the issuer
elects to so treat such portion.
``(7) Interest treated as bank eligible.--Any interest with
respect to any qualified Hurricane Katrina Disaster Bond shall
not be treated as tax-exempt interest for purposes of section
265(b).
``(d) Advance Refundings of Certain Tax-Exempt Bonds.--
``(1) In general.--With respect to a bond described in
paragraph (2) issued as part of an issue 90 percent (95 percent
in the case of a bond described in paragraph (2)(B)) or more of
the net proceeds (as defined in section 150(a)(3)) of which
were used to finance facilities located within the Hurricane
Katrina Disaster Zone (or property which is functionally
related and subordinate to facilities located in such Zone),
one additional advanced refunding after the date of the
enactment of this section and before January 1, 2011, shall be
allowed under the applicable rules of section 149(d) if--
``(A) the Governor designates the advance refunding
bond for purposes of this subsection, and
``(B) the requirements of paragraph (4) are met.
``(2) Bonds described.--A bond is described in this
paragraph if such bond was outstanding on August 28, 2005, and
is--
``(A) a State or local bond (as defined in section
103(c)(1)) which is a general obligation a State or
political subdivision in the Hurricane Katrina Disaster
Zone, or
``(B) a qualified 501(c)(3) bond (as defined in
section 145(a)) issued by or on behalf of a State or
political subdivision in the Hurricane Katrina Disaster
Zone.
``(3) Additional requirements.--The requirements of this
paragraph are met with respect to any advance refunding of a
bond described in paragraph (2) if--
``(A) no advance refundings of such bond would be
allowed under any provision of law after August 28,
2005,
``(B) the advance refunding bond is the only other
outstanding bond with respect to the refunded bond, and
``(C) the requirements of section 148 are met with
respect to all bonds issued under this subsection.
``(e) State and Local Bonds.--For purposes of this title, any State
or local bond issued by a State or political subdivision in which a
part of the Hurricane Katrina Disaster Zone is located--
``(1) for disaster cleanup purposes, may be issued without
regard to any working capital financing restrictions under
section 148 or Federal guarantee limitations under section
149(b), and
``(2) for student loans, may be issued without regard to
any volume cap limitations under section 146 or any special
allowance payments in computing yield on such loans under
section 148.
``(f) Increase in Expensing Under Section 179.--
``(1) In general.--For purposes of section 179--
``(A) the limitation under section 179(b)(1) shall
be increased by the lesser of--
``(i) $100,000, or
``(ii) the cost of section 179 property
which is qualified Hurricane Katrina Disaster
Zone property placed in service during the
taxable year, and
``(B) the amount taken into account under section
179(b)(2) with respect to any section 179 property
which is qualified Hurricane Katrina Disaster Zone
property shall be 50 percent of the cost thereof.
``(2) Qualified hurricane katrina disaster zone property.--
For purposes of this subsection, the term `qualified Hurricane
Katrina Disaster Zone property' has the meaning given such term
by subsection (b)(2), except that the termination date is
December 31, 2007.
``(3) Recapture.--Rules similar to the rules under section
179(d)(10) shall apply with respect to any qualified Hurricane
Katrina Disaster Zone property which ceases to be used in the
Hurricane Katrina Disaster Zone.
``(g) Hurricane Katrina Disaster Zone.--For purposes of this
section, the term `Hurricane Katrina Disaster Zone' means an area--
``(1) with respect to which a major disaster has been
declared by the President before September 14, 2005, under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act in connection with Hurricane Katrina,
and
``(2) which is determined by the President before such date
to warrant individual assistance, or individual and public
assistance, from the Federal Government under such Act.''.
(b) Clerical Amendment.--The table of subchapters for chapter 1 is
amended by adding at the end the following new item:
``subchapter z--hurricane katrina disaster zone benefits.''.
(c) Satisfaction of Community Reinvestment Act Requirements.--A
financial institution that purchases any bond described in subsection
(c) or (d) of section 1400M of the Internal Revenue Code of 1986 shall
be considered, for purposes of an evaluation under section 804 of the
Community Reinvestment Act of 1977 (12 U.S.C. 2903), to be meeting the
credit needs of its entire community, including low- and moderate-
income neighborhoods.
SEC. 742. PREMIUMS FOR MORTGAGE INSURANCE.
(a) In General.--For purposes of section 163(h)(3) of the Internal
Revenue Code of 1986, premiums paid or accrued for qualified mortgage
insurance by a taxpayer during the taxable year in connection with
acquisition indebtedness with respect to a qualified residence of the
taxpayer located in a Hurricane Katrina Disaster Zone (as defined in
section 1400M(g) of such Code) shall be treated as qualified residence
interest.
(b) Qualified Mortgage Insurance.--For purposes of this section,
the term ``qualified mortgage insurance'' means--
(1) mortgage insurance provided by the Veterans
Administration, the Federal Housing Administration, or the
Rural Housing Administration, and
(2) private mortgage insurance (as defined by section 2 of
the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in
effect on the date of the enactment of this section).
(c) Special Rules for Prepaid Qualified Mortgage Insurance.--For
purposes of subsection (a), any amount paid by the taxpayer for
qualified mortgage insurance that is properly allocable to any mortgage
the payment of which extends to periods that are after the close of the
taxable year in which such amount is paid shall be chargeable to
capital account and shall be treated as paid in such periods to which
so allocated. No deduction shall be allowed for the unamortized balance
of such account if such mortgage is satisfied before the end of its
term. The preceding sentences shall not apply to amounts paid for
qualified mortgage insurance provided by the Veterans Administration or
the Rural Housing Administration.
(d) Information Returns.--
(1) In general.--The Secretary of the Treasury may
prescribe, by regulations, that any person who, in the course
of a trade or business, receives from any individual premiums
for mortgage insurance with respect to a qualified residence of
the taxpayer located in a Hurricane Katrina Disaster Zone (as
so defined) aggregating $600 or more for any calendar year,
shall make a return with respect to each such individual. Such
return shall be in such form, shall be made at such time, and
shall contain such information as the Secretary of the Treasury
may prescribe.
(2) Statement to be furnished to individuals with respect
to whom information is required.--Every person required to make
a return under paragraph (1) shall furnish to each individual
with respect to whom a return is made a written statement
showing such information as the Secretary of the Treasury may
prescribe. Such written statement shall be furnished on or
before January 31 of the year following the calendar year for
which the return under paragraph (1) was required to be made.
(3) Special rules.--For purposes of this subsection, rules
similar to the rules of section 6050H(c) of the Internal
Revenue Code of 1986 shall apply.
(d) Effective Date.--This section shall apply to amounts paid or
accrued after the date of the enactment of this Act in taxable years
ending after such date, and before the date which is 3 years after such
date.
SEC. 743. SUSPENSION OF AIR TRANSPORTATION EXCISE TAXES.
No tax imposed under section 4261 or 4271 of the Internal Revenue
Code of 1986 shall apply with respect to any segment of taxable
transportation (as defined in sections 4262 and 4272 of such Code)
beginning or ending in any airport located in a Hurricane Katrina
Disaster Zone (as defined in section 1400M(g) of such Code) during the
3-year period beginning on August 28, 2005.
SEC. 744. RELOCATION TAX CREDIT FOR VICTIMS OF HURRICANE KATRINA.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
is amended by adding at the end the following new section:
``SEC. 30D. RELOCATION EXPENSES FOR VICTIMS OF HURRICANE KATRINA.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this chapter for the applicable taxable year an amount
equal to the qualified relocation expenses of the taxpayer.
``(b) Qualified Relocation Expenses; Applicable Taxable Year.--For
purposes of this section--
``(1) Qualified relocation expenses.--
``(A) In general.--The term `qualified relocation
expenses' means the reasonable relocation expenses
incurred after August 26, 2005, and before January 1,
2008, with respect to--
``(i) in the case of an individual who had
a principal place of abode in a Hurricane
Katrina disaster area on August 26, 2005--
``(I) the relocation such
individual to any area within the
United States, and
``(II) the relocation of such
individual after a relocation described
in subclause (I) to a location in the
Hurricane Katrina disaster area in
which the individual had a principal
place of abode on August 26, 2005, and
``(ii) in the case of a trade or business
which was located in a Hurricane Katrina
disaster area on August 26, 2005--
``(I) the relocation of such trade
or business to any area within the
United States, and
``(II) the relocation of such trade
or business after a relocation
described in subclause (I) to a
location in the Hurricane Katrina
disaster area in which the trade or
business was located on August 26,
2005.
``(B) Relocation expenses.--The term `relocation
expenses' means--
``(i) in the case of expenses incurred with
respect to an individual described in
subparagraph (A)(i), expenses described in
section 217(b)(1), and
``(ii) in the case of expenses incurred
with respect to a trade or business described
in subparagraph (A)(ii), expenses (other than
expenses for meals)--
``(I) of moving any inventory or
other item necessary for carrying on
such trade or business, and
``(II) of traveling from the former
location to the new location.
``(2) Taxable year in which expenses are allowed.--The term
`applicable taxable year' means--
``(A) in the case of relocation expenses described
in paragraph (1)(A)(i), the taxable year of the
individual in which the individual relocates to a
location in the Hurricane Katrina disaster area in
which the individual had a principal place of abode on
August 26, 2005.
``(B) in the case of relocation expenses described
in paragraph (1)(A)(ii), the taxable year in which the
trade or business of the taxpayer is relocated to a
location in the Hurricane Katrina disaster area in
which the trade or business was located on August 26,
2005.
``(3) Hurricane katrina disaster area.--The term `Hurricane
Katrina disaster area' means an area--
``(A) with respect to which a major disaster has
been declared by the President before September 14,
2005, under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act in
connection with Hurricane Katrina, and
``(B) which is determined by the President before
such date to warrant individual assistance, or
individual and public assistance, from the Federal
Government under such Act.
``(c) Carryback and Carryforward Allowed.--
``(1) In general.--If the credit allowable under subsection
(a) for a taxable year exceeds the amount of the limitation
under subsection (d) for such taxable year (in this subsection
referred to as the `unused credit year'), such excess shall be
a credit carryback to each of the 3 taxable years preceding the
unused credit year and a credit carryforward to each of the 20
taxable years following the unused credit year, except that no
excess may be carried to a taxable year beginning before the
date of the enactment of this section. The preceding sentence
shall not apply to any credit carryback if such credit
carryback is attributable to property for which a deduction for
depreciation is not allowable.
``(2) Rules.--Rules similar to the rules of section 39
shall apply with respect to the credit carryback and credit
carryforward under paragraph (1).
``(d) Application With Other Credits.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the sum of the regular tax for the taxable year and
the tentative minimum tax for the taxable year, over
``(2) the sum of the credits allowable under subpart A and
sections 27, 29, and 30.''.
(b) Denial of Double Benefit.--Section 280C is amended by adding at
the end the following new subsection:
``(e) Hurricane Katrina Relocation Expenses.--No deduction shall be
allowed for the portion of the expenses otherwise allowable as a
deduction for the taxable year which is equal to the amount of the
credit determined for the taxable year under section 45N(a).''.
(c) Conforming Amendment.--The table of section for subpart B of
part IV of subchapter A of chapter 1 is amended by inserting after the
item relating to section 30C the following new item:
``Sec. 30D. Relocation expenses for victims of Hurricane
Katrina.''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred after August 26, 2005.
SEC. 745. 50-PERCENT INCOME TAX HOLIDAY.
(a) In General.--In the case of an individual, there shall be
excluded from gross income for each taxable year beginning during the
income tax holiday period an amount equal to the lesser of--
(1) 50 percent of the sum of--
(A) the eligible wages for the taxable year, plus
(B) the eligible net earnings from self-employment
for the taxable year, or
(2) $35,000 ($70,000 in the case of a joint return).
(b) Income Tax Holiday Period.--For purposes of this section--
(1) In general.--Except as provided in paragraph (2), the
term ``income tax holiday period '' means the period beginning
on August 28, 2005, and ending on December 31, 2007.
(2) Special rule for taxable year including august 28,
2005.--For purposes of subsection (a), any taxable year of the
taxpayer which includes August 28, 2005, shall be treated as a
taxable year beginning during the income tax holiday period,
except that the eligible wages and eligible net earnings from
self-employment of the taxpayer for such taxable year shall be
equal to the amount of such wages or earnings determined
without regard to this paragraph multiplied by a fraction--
(A) the numerator of which is the number of days in
the taxable year on and after August 28, 2005, and
(B) the denominator of which is the number of days
in the taxable year.
(c) Eligible Wages.--For purposes of this section, the term
``eligible wages'' means wages (as defined in section 3401(a)) received
by the taxpayer during the taxable year for services performed by the
taxpayer in the Hurricane Katrina Disaster Zone. For purposes of the
preceding sentence, services shall be treated as performed in such Zone
if substantially all of such services are so performed.
(d) Eligible Net Earnings From Self-employment.--For purposes of
this section--
(1) In general.--The term ``eligible net earnings from
self-employment'' means the net earnings from self-employment
of the taxpayer for the taxable year determined under section
1402, except that--
(A) eligible wages shall not be taken into account
to the extent not excluded under section 1402 (b)(1),
and
(B) only self-employment income (and the deductions
attributable thereto) which are properly allocable to
the active conduct of a trade or business within the
Hurricane Katrina Disaster Zone shall be taken into
account.
(2) Rental of property.--For purposes of paragraph (1), the
rental of real or personal property shall be treated as the
active conduct of a trade or business if--
(A) in the case of real property, the property is
located in the Hurricane Katrina Disaster Zone, and
(B) in the case of personal property, at least 50
percent of the rental of the property is by businesses
located in, or is by residents of, such Zone.
The exception under section 1402(a)(1) shall not apply to self-
employment income (and the deductions attributable thereto)
properly allocable to a trade or business to which this
paragraph applies.
(e) Hurricane Katrina Disaster Zone.--The term ``Hurricane Katrina
Disaster Zone'' has the meaning given such term by section 1400M(g) of
the Internal Revenue Code of 1986.
SEC. 746. HURRICANE KATRINA DISASTER ZONE RESTORATION TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by adding at the end the following new section:
``SEC. 45N. INVESTMENT IN HURRICANE KATRINA DISASTER ZONE PROPERTY.
``(a) Allowance of Credit.--For purposes of section 38, the
Hurricane Katrina Disaster Zone restoration credit determined under
this section shall equal the taxpayer's cost of Hurricane Katrina
Disaster Zone property placed in service during the taxable year,
multiplied by the applicable qualifying investment percentage set forth
in subsection (b).
``(b) Applicable Qualifying Investment Percentage.--For purposes of
subsection (a), the applicable qualifying investment percentages are:
``(1) 20 percent with respect to property placed in service
within 12 months following the date on which the area in which
such property is placed in service is declared a Hurricane
Katrina Disaster Zone.
``(2) 15 percent with respect to property placed in service
more than 12 months but within 24 months following such date.
``(3) 10 percent with respect to property placed in service
more than 24 months but within 36 months following such date.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Hurricane katrina disaster zone property.--The term
`Hurricane Katrina Disaster Zone property' means property of a
character subject to the allowance for depreciation provided in
section 167--
``(A) which is placed in service by the taxpayer in
a Hurricane Katrina Disaster Zone, and
``(B) which replaces functionally similar property
owned by such taxpayer that was damaged or destroyed as
a result of the major disaster declared by the
President in connect with Hurricane Katrina, regardless
of whether the replacement property utilizes improved
or more advanced technologies than the property being
replaced, and
``(C) the basis of which is not taken into account
for any other credit under this title.
``(2) Hurricane katrina disaster zone.--The term `Hurricane
Katrina Disaster Zone' has the meaning given to such term by
section 1400M(g).
``(3) No reduction in basis.--The provisions of section
50(c) shall not apply to reduce the basis of Hurricane Katrina
Disaster Zone property.''.
(b) Additional Carryback of Credit Allowed.--Section 39(a) is
amended by adding at the end the following new paragraph:
``(4) 3-year carryback for hurricane katrina disaster zone
restoration credit.--Notwithstanding subsection (d), in the
case of the Hurricane Katrina Disaster Zone restoration credit
under section 45N--
``(A) this section shall be applied separately from
the business credit (other than the Hurricane Katrina
Disaster Zone restoration credit), and
``(B) paragraph (1) shall be applied by
substituting `3 taxable years' for `1 taxable year' in
subparagraph (A) thereof.''.
(c) Credit Allowed Against Regular and Minimum Tax.--Section
38(c)(4)(B) is amended by striking the period at the end of clause
(ii)(II) and inserting ``, and'' and by adding at the end the following
new clause:
``(iii) the credit determined under section
45N.''.
(d) Conforming Amendments.--Subsection (b) of section 38 is amended
by striking ``and'' at the end of paragraph (25), by striking the
period at the end of paragraph (26) and inserting ``, and'' by adding
at the end the following new paragraph:
``(27) the Hurricane Katrina Disaster Zone restoration
credit determined under section 45N.''.
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act with respect to property placed in service after such date and
before January 1, 2008.
SEC. 747. 5-YEAR CARRYBACK OF NET OPERATING LOSSES AND TEMPORARY
SUSPENSION OF 90 PERCENT AMT LIMIT FOR BUSINESSES IN
HURRICANE KATRINA DISASTER ZONE.
(a) In General.--Section 172(b)(1)(H) is amended by striking
``during 2001 or 2002'' and inserting ``during 2005 or 2006 arising
from the trade or business of any taxpayer located in the Hurricane
Katrina Disaster Zone (as defined in section 1400M(g))''.
(b) Temporary Suspension.--Section 56(d)(1)(A)(ii)(I) is amended--
(1) by striking ``during 2001 or 2002'' and inserting
``during 2005 or 2006 arising from the trade or business of any
taxpayer located in the Hurricane Katrina Disaster Zone (as
defined in section 1400M(g))'', and
(2) by striking ``during 2001 and 2002'' and inserting
``during 2005 and 2006 arising from the trade or business of
any taxpayer located in the Hurricane Katrina Disaster Zone (as
defined in section 1400M(g))''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply to net operating
losses for taxable years ending after December 31, 2004.
(2) Temporary suspension.--The amendments made by
subsection (b) shall apply to taxable years ending before
January 1, 2007.
SEC. 748. ALLOWANCE OF INCOME TAX CREDIT TO SMALL BUSINESSES WHOSE
OPERATIONS WERE SIGNIFICANTLY INTERRUPTED BY HURRICANE
KATRINA.
(a) Allowance of Credit.--
(1) In general.--In the case of an eligible small employer,
there shall be allowed as a credit against the tax imposed by
subtitle A of the Internal Revenue Code of 1986 for any taxable
year of the taxpayer which includes August 28 of 2005, 2006, or
2007, an amount equal to the lesser of--
(A) $1,000 multiplied by the number of eligible
employees of the employer, or
(B) $100,000.
(2) Treatment of credit.--For purposes of the Internal
Revenue Code of 1986, except as otherwise provided in this
section, any credit allowed under this section shall be treated
in the same manner as a credit allowed under subpart B of part
IV of subchapter A of chapter 1 of such Code.
(b) Limitation Based on Amount of Tax.--
(1) In general.--The credit allowed by subsection (a) for
any taxable year shall not exceed the sum of--
(A) the regular tax for the taxable year reduced by
the sum of the credits allowed under subparts A and B
of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986, plus
(B) the tax imposed by section 55(a) of such Code
for the taxable year.
(2) Unlimited carryforward of credit.--If the amount of the
credit allowable under subsection (a) for any taxable year
exceeds the limitation under paragraph (1), such excess shall
be treated as a carryover to all succeeding taxable years and,
subject to the limitation under paragraph (1), shall be added
to the credits allowed by subpart B of part IV of subchapter A
of chapter 1 of such Code for any such succeeding taxable year.
(c) Eligible Small Employer and Employee Defined.--For purposes of
this section--
(1) Eligible small employer.--
(A) In general.--The term ``eligible small
employer'' means an employer which--
(i) was engaged in the active conduct of a
trade or business in a Hurricane Katrina
disaster area on August 28, 2005,
(ii) employed an average of more than 1 but
less than 300 employees on business days during
the 1-year period ending on such date (or, if
shorter, the period of its existence) whose
principal place of employment was in such an
area,
(iii) meets the business interruption test
of subparagraph (B). and
(iv) has resumed in a Hurricane Katrina
disaster area substantially all of the
operations of the trade or business described
in paragraph (1) on or before December 31,
2006.
(B) Business interruption test.--An employer meets
the requirements of this subparagraph if--
(i) the employer is required to suspend all
or part of the active conduct of a trade or
business described in subparagraph (A)(i) by
reason of Hurricane Katrina, and
(ii) the gross receipts of such employer
from the active conduct of the trade or
business for the taxable year are at least 20
percent less than the gross receipts for the
preceding taxable year (or if the business was
not in existence for all or a portion of the
preceding taxable year, at least 20 percent
less than the gross receipts which could have
been reasonably been expected to receive based
on the gross receipts of the trade or business
during its existence).
(2) Eligible employee.--The term ``eligible employee''
means an employee of an employer--
(A) who is employed in the active conduct of the
trade or business described in paragraph (1)(A)(i) on
the date substantially all of the operations of such
trade or business were resumed, and
(B) whose principal place of employment is in a
Hurricane Katrina disaster area.
For purposes of subsection (a)(1)(A), the number of eligible
employees with respect to any trade or business shall not
exceed the average number of employees described in paragraph
(1)(A)(ii).
(d) Definitions and Special Rules.--For purposes of this section--
(1) Hurricane katrina disaster area.--The term ``Hurricane
Katrina disaster area'' means an area--
(A) with respect to which a major disaster has been
declared by the President before September 14, 2005,
under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act in connection with
Hurricane Katrina, and
(B) which is determined by the President before
such date to warrant individual assistance, or
individual and public assistance, from the Federal
Government under such Act.
(2) Aggregation rule.--All employers treated as a single
employer under subsections (a) or (b) of section 52 of the
Internal Revenue Code of 1986 shall be treated as 1 employer.
(3) Application of dollar limit.--The $100,000 limit under
subsection (a) (1)(B) shall--
(A) in the case of employers aggregated under
paragraph (2), be allocated in such manner as such
employers provide,
(B) in the case of a partnership, S corporation,
trust, or other passthru entity, be applied at both the
entity and the partner, shareholder, beneficiary, or
other beneficial owner level, and
(C) in the case of a taxpayer operating more than 1
trade or business, apply on an aggregate base to all
such trades or businesses.
(4) Gross receipts.--Rules similar to the rules of
subparagraphs (B), (C), and (D) of section 448(c)(3) of such
Code shall apply in determining gross receipts for any period.
(e) Treatment of Persons Not Able to Use Entire Credit.--
(1) In general.--A taxpayer may transfer any credit allowed
under subsection (a) through an assignment to any other person
. Such transfer may be revoked only with the consent of the
Secretary of the Treasury.
(2) Regulations.--The Secretary of the Treasury shall
prescribe such regulations as necessary to ensure that any
credit described in paragraph (1) is claimed once and not
reassigned by such other person.
(3) Satisfaction of community reinvestment act
requirements.--A financial institution that purchases any
credit under paragraph (1) shall be considered, for purposes of
an evaluation under section 804 of the Community Reinvestment
Act of 1977 (12 U.S.C. 2903), to be meeting the credit needs of
its entire community, including low- and moderate-income
neighborhoods.
SEC. 749. HOME PURCHASE BY VICTIMS OF HURRICANE KATRINA.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
(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 a Hurricane Katrina Disaster
Zone, 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 $50,000.
``(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 a Hurricane Katrina
Disaster Zone, 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) Application With Other Credits.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the sum of the regular tax for the taxable year and
the tentative minimum tax for the taxable year, over
``(2) the sum of the credits allowable under this subpart
and sections 27, 29, and 30.
``(e) 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.
``(f) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Hurricane katrina disaster zone.--The term `Hurricane
Katrina Disaster Zone' has the meaning given to such term by
section 1400M(g).
``(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
`$25,000' for `$50,000'.
``(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 $50,000.
``(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.
``(g) 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.
``(h) 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.
``(i) Treatment of Persons Not Able to Use Entire Credit.--
``(1) In general.--A taxpayer may transfer any credit
allowed under subsection (a) through an assignment to any other
person . Such transfer may be revoked only with the consent of
the Secretary of the Treasury.
``(2) Regulations.--The Secretary of the Treasury shall
prescribe such regulations as necessary to ensure that any
credit described in paragraph (1) is claimed once and not
reassigned by such other person.
``(3) Satisfaction of community reinvestment act
requirements.--A financial institution that purchases any
credit under paragraph (1) shall be considered, for purposes of
an evaluation under section 804 of the Community Reinvestment
Act of 1977 (12 U.S.C. 2903), to be meeting the credit needs of
its entire community, including low- and moderate-income
neighborhoods.
``(j) 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(h).''.
(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. 750. EXPEDITED REFUND CLAIMS.
The Commissioner of Internal Revenue shall establish a special
office to expedite any refund claims resulting from the provisions of,
and amendments made by, this Act.
SEC. 751. APPLICATION OF NEW MARKET TAX CREDIT TO INVESTMENTS IN
COMMUNITY DEVELOPMENT ENTITIES SERVING AREAS AFFECTED BY
HURRICANE KATRINA.
(a) In General.--Subsection (e) of section 45D is amended by adding
at the end the following new paragraph:
``(6) Areas affected by hurricane katrina.--The term `low-
income community' shall include any Hurricane Katrina Disaster
Zone (as defined in section 1400M(g)).''.
(b) Increase in National Limitation.--Paragraph (1) of section
45D(f) is amended by striking subparagraphs (C) and (D) and inserting
after subparagraph (B) the following new subparagraphs:
``(C) $6,000,000,000 for 2005, of which
$4,000,000,000 is allocated among qualified community
development entities to make qualified low-income
community investments within a low-income community
described in subsection (e)(6), and
``(D) $6,500,000,000 for 2006 and 2007, of which
$3,000,000,000 for each year is allocated among
qualified community development entities to make
qualified low-income community investments within a
low-income community described in subsection (e)(6).''.
(c) Effective Date.--The amendments made by this section shall
apply to investments made after August 29, 2005.
SEC. 752. MODIFICATIONS TO LOW-INCOME HOUSING CREDIT.
(a) Modification of Credit Allocation.--In the case of the State of
Louisiana--
(1) section 42(h)(2)(C)(ii)(I) of the Internal Revenue Code
of 1986 (relating to State housing credit ceiling) shall be
applied by substituting ``$3.70'' for ``$1.75'' for calendar
years 2006 and 2007, and
(2) section 42(h)(2)(D)(i) of such Code (relating to unused
housing credit carryovers allocated among certain States) shall
not apply to the State's unused housing credit carryover for
calendar year 2006.
(b) Modification of Qualified Low-Income Housing Project.--
(1) In general.--In determining if any project for
residential rental property located in any Hurricane Katrina
disaster area (as defined in section 700A) in the State of
Louisiana and placed in service after the date of the enactment
of this Act in any taxable year beginning in 2005, 2006, or
2007, is a qualified low-income housing property under section
42(g)(1) of the Internal Revenue Code of 1986, such section
shall be applied by allowing the taxpayer to elect to meet the
requirements of paragraph (2).
(2) 60-80 Test.--A project described in paragraph (1) meets
the requirements of this paragraph if 60 percent or more of the
residential units in such project are both rent-restricted and
occupied by individuals whose income is 80 percent or less of
area median income.
(c) Modification of High Cost Area Determination.--In the case of
any building located in any Hurricane Katrina disaster area (as defined
in section 700A) in the State of Louisiana and placed in service after
the date of the enactment of this Act in any taxable year beginning in
2005, 2006, or 2007, section 42(d)(5)(C) shall apply by substituting
``not less than 130 percent nor more than 200 percent (as determined
under section 42(m)(2) by the housing credit agency)'' for ``130
percent''.
(d) Authorization of Regulations for LIHTC Properties Financed With
Bonds.--Section 142(d) (relating to qualified residential rental
project) is amended by adding at the end the following new paragraph:
``(8) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this subsection, including regulations--
``(A) dealing with--
``(i) projects which include more than 1
building or only a portion of a building,
``(ii) buildings which are placed in
service in portions,
``(B) providing for the application of this
subsection to short taxable years,
``(C) preventing the avoidance of the rules of this
subsection, and
``(D) providing the opportunity for housing credit
agencies to correct administrative errors and omissions
with respect to allocations and record keeping within a
reasonable period after their discovery, taking into
account the availability of regulations and other
administrative guidance from the Secretary.''.
SEC. 753. ESTATE TAX RELIEF FOR HURRICANE KATRINA VICITMS.
(a) In general.--Subsection (b) of section 2201 is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end the following new paragraph::
``(4) any specified Hurricane Katrina victim.''.
(b) Specified Hurricane Katrina Victim.--Section 2201 is amended by
adding at the end the following new subsection:
``(e) Specified Hurricane Katrina Victim.--For purposes of this
section, the term `specified Hurricane Katrina victim' means any
decedent who dies in a Hurricane Katrina Disaster Zone (as defined in
section 1400M(g)) as a result of wounds, injury, or illness, or the
inability to obtain treatment for an existing illness by reason of
Hurricane Katrina.''.
(c) Clerical Amendments.--
(1) The heading of section 2201 is amended by striking
``and deaths of victims of certain terrorist attacks'' and
inserting ``deaths of victims of certain terrorist attacks, and
deaths of victims of hurricane katrina''.
(2) The item relating to section 2201 in the table of
sections for subchapter C of chapter 11 is amended by striking
``and deaths of victims of certain terrorist attacks'' and
inserting ``deaths of victims of certain terrorist attacks, and
deaths of victims of Hurricane Katrina''.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying on or after August 29, 2005.
SEC. 754. ISSUANCE OF GULF OPPORTUNITY BONDS.
Section 3105 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(f) The Secretary may designate one or more series of bonds or
certificates (or any portion thereof) under this section as `Gulf
Opportunity Bonds' in response to the devastation of Hurricane Katrina
on August 28, 2005.''.
TITLE VIII--LAW ENFORCEMENT IMPROVEMENTS
SEC. 801. DEFINITION OF UNITS OF LOCAL GOVERNMENT.
For the purposes of eligibility for grant programs administered by
the Department of Justice and Department of Homeland Security in the
State of Louisiana, parish Sheriffs or District Attorneys are to be
considered the unit of local government.
SEC. 802. SPECIAL INSPECTOR GENERAL FOR RELIEF AND RECONSTRUCTION.
(a) Short Title.--This section may be cited as the ``Special
Inspector General for Relief and Reconstruction Act of 2005''.
(b) Redesignation.--(1) Section 3001 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234; 5 U.S.C. App. 3
section 8G note) is amended--
(A) in subsection (b), by striking ``Office of the Special
Inspector General for Iraq Reconstruction'' and inserting
``Office of the Special Inspector General for Relief and
Reconstruction''; and
(B) in subsection (c)(1), by striking all after ``The head
of the Office of the Special Inspector General'' and inserting
``for Relief and Reconstruction is the Special Inspector
General for Relief and Reconstruction (in this section referred
to as the `Inspector General'). If a vacancy occurs after the
service of the individual as provided under subsection (b) of
the Special Inspector General for Relief and Reconstruction Act
of 2005, the Inspector General shall be appointed by the
Director of the Office of Management and Budget.''.
(2)(A) The heading of such section is amended to read as follows:
``SEC. 3001. SPECIAL INSPECTOR GENERAL FOR RELIEF AND
RECONSTRUCTION.''.
(B) The heading of title III of such Act is amended to read as
follows:
``TITLE III--SPECIAL INSPECTOR GENERAL FOR RELIEF AND RECONSTRUCTION''.
(c) Continuation in Office.--The individual serving as the Special
Inspector General for Iraq Reconstruction as of the date of the
enactment of this Act may continue to serve as the Special Inspector
General for Relief and Reconstruction (with all additional duties and
responsibilities as provided under this section) after that date
without reappointment under paragraph (1) of section 3001(c) of the
Emergency Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004, but remaining subject to
removal as specified in paragraph (4) of that section.
(d) Purposes.--Subsection (a) of such section is amended--
(1) in paragraph (1), by inserting ``and for Hurricane
Katrina recovery activities'' after ``Iraq Relief and
Reconstruction Fund'';
(2) in paragraph (3), by striking ``the Secretary of State
and the Secretary of Defense'' and inserting ``the Secretary of
State, the Secretary of Homeland Security, the Secretary of
Defense, and the heads of other Federal agencies, as
appropriate,''.
(e) Responsibilities of Assistant Inspector General for Auditing.--
Subsection (d) of such section is amended to read as follows:
``(d) Assistant Inspectors General.--(1) The Inspector General
shall, in accordance with applicable laws and regulations governing the
civil service--
``(A) appoint 1 or more Assistant Inspectors General for
Auditing who shall have the responsibility for supervising the
performance of auditing activities relating to--
``(i) programs and operations supported by the Iraq
Relief and Reconstruction Fund; and
``(ii) programs and operations relating to
Hurricane Katrina recovery activities; and
``(B) appoint 1 or more Assistant Inspectors General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such programs and operations.''.
(f) Supervision.--Such section is further amended--
(1) in subsection (e)--
(A) in paragraph (1), by striking ``the Secretary
of State and the Secretary of Defense'' and inserting
``the Director of the Office of Management and Budget,
the Secretary of State, and the Secretary of Defense'';
and
(B) in paragraph (2)--
(i) by striking ``Department of Defense,
the Department of State, or the United States
Agency for International Development'' and
inserting ``Federal Government''; and
(ii) by inserting ``and Hurricane Katrina
recovery activities'' after ``Iraq Relief and
Reconstruction Fund'';
(2) in subsection (f)--
(A) in paragraph (1)--
(i) by inserting ``(A)'' after ``(1)'';
(ii) by redesignating subparagraphs (A)
through (E) as clauses (i) through (v),
respectively; and
(iii) by adding at the end the following:
``(B) It shall be the duty of the Inspector General
to conduct and coordinate audits and investigations of
the treatment, handling, and expenditure of amounts
appropriated or otherwise made available for Hurricane
Katrina recovery by the Federal Government, and of the
programs, operations, and contracts carried out
utilizing such funds, including--
``(i) the oversight and accounting of the
obligation and expenditure of such funds;
``(ii) the monitoring and review of
reconstruction activities funded by such funds;
``(iii) the monitoring and review of
contracts funded by such funds;
``(iv) the monitoring and review of the
transfer of such funds and associated
information between and among departments,
agencies, and entities of the United States,
State and local governments, and private and
nongovernmental entities;
``(v) the maintenance of records on the use
of such funds to facilitate future audits and
investigations of the use of such funds; and
``(vi) the monitoring of Federal grants and
benefit programs.''; and
(B) in paragraph (4)--
(i) by inserting ``(A)'' after ``(4)'';
(ii) by striking all after ``cooperation
of'' and inserting ``the inspectors general and
auditing entities of all other Federal
departments and agencies, and State and local
government entities.''; and
(iii) by adding at the end the following:
``(B)(i) The Inspector General shall ensure, to the
greatest extent possible, that the activities of the
Inspector General do not duplicate audits and
investigations of inspectors general and other auditors
of Federal departments and agencies, and State and
local government entities.
``(ii) The Inspector General shall notify the
inspector general of the relevant agency or department
before initiating an audit or investigation relating to
Hurricane Katrina activities.
``(iii) Nothing in this section shall be construed
to limit the statutory authority of inspectors general
to conduct audits or investigations relating to
Hurricane Katrina activities.'';
(3) in subsection (h)(4)(B), by striking ``Secretary of
State or Secretary of Defense'' and inserting ``Director of the
Office of Management and Budget and heads of relevant
agencies''; and
(4) in subsection (h)(5)--
(A) by inserting ``(A)'' after ``(5)'';
(B) by inserting ``for activities relating to
Iraq'' after ``operation of such offices''; and
(C) by adding at the end the following:
``(B) The Secretary of Homeland Security shall
provide the Inspector General with appropriate and
adequate office space, together with such equipment,
office supplies, and communications facilities and
services as may be necessary for the operations of such
offices for activities relating to Hurricane Katrina,
and shall provide necessary maintenance services for
such offices and equipment and facilities located
therein.''.
(g) Reports Relating to the Iraqi Relief and Reconstruction.--
Subsection (i) of such section is amended by adding at the end the
following:
``(7)(A) The Inspector General shall also submit each
report under this subsection to the Secretary of State and the
Secretary of Defense.
``(B)(i) Not later than 30 days after receipt of a report
under subparagraph (A), the Secretary of State and the
Secretary of Defense may submit to the appropriate committees
of Congress any comments on the matters covered by the report
as the Secretary of State or the Secretary of Defense, as the
case may be, considers appropriate.
``(ii) A report under this subparagraph may include a
classified annex if the Secretary of State or the Secretary of
Defense, as the case may be, considers it necessary.''.
(h) Reports Relating to Hurricane Katrina Relief and
Reconstruction.--Subsection (j) of such section is amended to read as
follows:
``(j) Reports Relating to Hurricane Katrina Relief and
Reconstruction.--(1)(A) At the end of each calendar quarter, beginning
with the first full quarter after the date of enactment of the Special
Inspector General for Relief and Reconstruction Act of 2005, the
Inspector General shall submit to the appropriate committees of
Congress a report summarizing for the period of that quarter the
activities of the Inspector General and of the Hurricane Katrina
recovery activities of the Federal Government. Each report shall
include, for the period covered by such report, a detailed statement of
all obligations, expenditures, and revenues associated with recovery
activities for Hurricane Katrina, including the following:
``(i) Obligations and expenditures of appropriated funds.
``(ii) Accounting of the costs incurred to date for
Hurricane Katrina recovery, together with the estimate of the
Federal Government's costs to complete each project and each
program.
``(iii) Operating expenses of any Federal departments,
agencies, or entities receiving appropriated funds for
Hurricane Katrina recovery activities.
``(iv) In the case of any contract described in paragraph
(2)--
``(I) the amount of the contract or other
agreement;
``(II) a brief discussion of the scope of the
contract or other agreement;
``(III) a discussion of how the contracting
department or agency identified, and solicited offers
from, potential contractors to perform the contract,
together with a list of the potential contractors that
were issued solicitations for the offers; and
``(IV) the justification and approval documents on
which was based the determination to use procedures
other than procedures that provide for full and open
competition.
``(B) The first quarterly report required to be submitted under
subparagraph (A) shall also summarize activities for Hurricane Katrina
recovery undertaken before that quarter.
``(2) A contract described in this paragraph is any major contract
or other agreement that is entered into by any department or agency of
the United States Government that involves the use of amounts
appropriated or otherwise made available for Hurricane Katrina recovery
with any public or private sector entity.
``(3) Not later than 45 days after the date of enactment of the
Special Inspector General for Relief and Reconstruction Act of 2005,
the Inspector General shall submit to the appropriate committees of
Congress an interim report on the status of Hurricane Katrina recovery
activities of the Federal Government. The interim report shall include
the following:
``(A) The operational activities of the Office of the
Special Inspector General for Relief and Reconstruction.
``(B) The status of auditors and investigators deployed to
the Gulf of Mexico region of the United States.
``(C) A strategic plan for oversight, including audits of
no bid contracts.
``(D) Vulnerabilities identified and immediate actions to
address such vulnerabilities.
``(E) Measures taken to coordinate interagency oversight
elements.
``(4) Not later than March 31, 2006, and semiannually thereafter,
the Inspector General shall submit to the appropriate committees of
Congress a report meeting the requirements of section 5 of the
Inspector General Act of 1978 (5 U.S.C. App.).
``(5) The Inspector General shall publish each report under this
subsection on an accessible Federal Government Internet Web site.
``(6) Nothing in this subsection shall be construed to authorize
the public disclosure of information that is--
``(A) specifically prohibited from disclosure by any other
provision of law;
``(B) specifically required by Executive order to be
protected from disclosure in the interest of national defense
or national security or in the conduct of foreign affairs; or
``(C) a part of an ongoing criminal investigation.
``(7)(A) The Inspector General shall also submit each report under
this subsection to the Director of the Office of Management and Budget,
Secretary of Defense, or heads of other appropriate agencies.
``(B) Not later than 30 days after receipt of a report
under paragraph (1), the Director of the Office of Management
and Budget and the heads of other appropriate agencies may
submit to the appropriate committees of Congress any comments
on the matters covered by the report as the Director of the
Office of Management and Budget and heads of relevant agencies
consider appropriate.
``(8) The Inspector General shall respond to any reasonable summons
to appear and testify before any duly constituted committee of
Congress.''.
(i) Transparency.--Subsection (k) of such section is amended--
(1) in paragraph (1), by striking ``subsection (i), the
Secretary of State and the Secretary of Defense shall jointly''
and inserting ``subsection (i) or (j), the Director of the
Office of Management and Budget and the heads of the relevant
departments shall''; and
(2) in paragraph (2), by striking ``subsection (j)(2) of
comments on a report under subsection (i), the Secretary of
State and the Secretary of Defense shall jointly'' and
inserting ``subsection (i)(7)(B) or (j)(7)(B) of comments on a
report under subsection (i) or (j), the Director of the Office
of Management and Budget and the heads of relevant departments
shall''.
(j) Waiver.--Subsection (l) of such section is amended--
(1) in paragraph (1), by inserting ``or paragraph (1) or
(3) of subsection (j)'' after ``subsection (i)''; and
(2) in paragraph (2), by inserting ``or paragraph (1) or
(3) of subsection (j)'' after ``subsection (i)''.
(k) Appropriate Committees of Congress.--Subsection (m) of such
section is amended--
(1) in paragraph (1), by striking ``and Foreign Relations''
and inserting ``Foreign Relations, and Homeland Security and
Governmental Affairs''; and
(2) in paragraph (2), by striking ``and International
Relations'' and inserting ``International Relations, and
Homeland Security''.
(l) Funding.--Subsection (n) of such section is amended by adding
at the end the following:
``(3) There are authorized to be appropriated to the Office
of the Special Inspector General for Relief and Reconstruction
to carry out the responsibilities of the Special Inspector
General relating to Hurricane Katrina recovery $80,000,000 for
fiscal year 2006.''.
(m) Termination.--Subsection (o) of such section is amended to read
as follows:
``(o) Termination.--(1)(A) The responsibilities of the Office of
the Special Inspector General for Relief and Reconstruction with
respect to the Iraq Relief and Reconstruction Fund shall terminate on
the date that is 10 months after the date, as determined by the
Secretary of State and Secretary of Defense, on which 80 percent of the
amounts appropriated or otherwise made available to the Iraq Relief and
Reconstruction Fund by chapter 2 of title II of this Act have been
obligated.
``(B) The responsibilities of the Office of the Special Inspector
General for Relief and Reconstruction with respect to Hurricane Katrina
recovery activities shall terminate 2 years after the date of enactment
of the Special Inspector General for Relief and Reconstruction Act of
2005.
``(2) The Office of the Special Inspector General for Relief and
Reconstruction shall terminate on the later date occurring under
subparagraph (A) or (B) of paragraph (1).''.
SEC. 803. GENERAL ACCOUNTABILITY OFFICE REPORT.
The General Accountability Office shall track spending of money
appropriated in each Hurricane Katrina emergency supplemental
appropriations and report to Congress quarterly on how that money is
spent.
SEC. 804. CREATING FEDERAL CRIME OF INTERFERING WITH FEDERAL DISASTER
RELIEF EFFORTS.
(a) In General.--Chapter 65 of title 18, United States Code, is
amended by adding the following new section:
``Sec. 1370. Interference with Federal disaster relief efforts
``(a) Prohibited Conduct.--Whoever, during a presidentially-
declared major disaster or emergency--
``(1) forcibly assaults, resists, opposes, impedes,
intimidates, or interferes with any officer or employee of the
United States or of any agency in any branch of the United
States Government (including any member of the uniformed
services) while such officer or employee is engaged in or on
account of the performance of official duties relating to, or
in support of recovery from, the presidentially-declared
disaster or emergency, or any person assisting such an officer
or employee in the performance of such duties or on account of
that assistance; or
``(2) forcibly assaults, resists, opposes, impedes,
intimidates, or interferes with any person providing services
in support of disaster relief efforts and working in
coordination with a Federal coordinating officer appointed
pursuant to section 302, Public Law 98-288 (42 U.S.C. 5143),
shall, except as provided in subsection (b) of this section, be
fined under this title or imprisoned not more than two years,
or both.
``(b) Enhanced Penalty.--Whoever, in the commission of and in
relation to any act described in subsection (a) of this section,
carries, possesses or uses a deadly or dangerous weapon or inflicts
serious bodily injury, shall be fined under this title or imprisoned
not more than 15 years or both, or, if the death of any person results,
shall be punished by death or life imprisonment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 86 of title 18, United States Code, is amended by adding at the
end the following new item:
``1370. Interference with Federal disaster relief efforts.''.
SEC. 805. PENALTIES FOR FRAUD.
(a) In general.--Whoever knowingly makes, or causes to be made by
another, a false statement or representation of a material fact, or
knowingly has failed, or caused another to fail, to disclose a material
fact, and as a result of such false statement or representation or of
such nondisclosure such individual has received an amount of assistance
from the Federal Government under this Act to which he was not
entitled, such individual--
(1) shall be ineligible for further assistance under this
Act; and
(2) shall be subject to prosecution under section 1370 of
title 18, United States Code.
SEC. 806. PROTECTING OF VOLUNTEERS.
(a) Qualified Immunity From Suit.--Any person or entity (including
any Indian Tribe) that, in response to harm caused by Hurricane Katrina
of 2005, voluntarily, in good faith, and without a preexisting duty or
expectation of compensation, renders aid (including medical treatment
and rescue assistance) to any individual, shall not be liable for any
injury (including personal injury, property damage or loss, and death)
arising out of or resulting from that aid that was not caused by--
(1) willful, wanton, reckless or criminal conduct of that
person or entity; or
(2) conduct of that person or entity that constitutes a
violation of a Federal or State civil rights law.
(b) Preemption.--This section preempts the laws of a State to the
extent such laws are inconsistent with this section, except that this
section shall not preempt any State law that provides additional
protection from liability relating to volunteers.
SEC. 807. LEAVE TRANSFER PROGRAM IN DISASTERS AND EMERGENCIES.
Section 6391 of title 5, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) After consultation with the Administrative Office of the
United States Courts, the Office of Personnel Management shall provide
for the participation of employees in the judicial branch in any
emergency leave transfer program under this section.''.
<all>
Referred to the Committee on Ways and Means, and in addition to the Committees on Appropriations, Agriculture, Transportation and Infrastructure, the Budget, Financial Services, Energy and Commerce, the Judiciary, Armed Services, Education and the Workforce, Resources, and Small Business, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Appropriations, Agriculture, Transportation and Infrastructure, the Budget, Financial Services, Energy and Commerce, the Judiciary, Armed Services, Education and the Workforce, Resources, and Small Business, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Appropriations, Agriculture, Transportation and Infrastructure, the Budget, Financial Services, Energy and Commerce, the Judiciary, Armed Services, Education and the Workforce, Resources, and Small Business, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Appropriations, Agriculture, Transportation and Infrastructure, the Budget, Financial Services, Energy and Commerce, the Judiciary, Armed Services, Education and the Workforce, Resources, and Small Business, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Appropriations, Agriculture, Transportation and Infrastructure, the Budget, Financial Services, Energy and Commerce, the Judiciary, Armed Services, Education and the Workforce, Resources, and Small Business, 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.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Referred to the Committee on Ways and Means, and in addition to the Committees on Appropriations, Agriculture, Transportation and Infrastructure, the Budget, Financial Services, Energy and Commerce, the Judiciary, Armed Services, Education and the Workforce, Resources, and Small Business, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Appropriations, Agriculture, Transportation and Infrastructure, the Budget, Financial Services, Energy and Commerce, the Judiciary, Armed Services, Education and the Workforce, Resources, and Small Business, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Appropriations, Agriculture, Transportation and Infrastructure, the Budget, Financial Services, Energy and Commerce, the Judiciary, Armed Services, Education and the Workforce, Resources, and Small Business, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Appropriations, Agriculture, Transportation and Infrastructure, the Budget, Financial Services, Energy and Commerce, the Judiciary, Armed Services, Education and the Workforce, Resources, and Small Business, 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.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on National Parks.
Referred to the Subcommittee on Fisheries and Oceans.
Executive Comment Requested from USDA.
Referred to the Subcommittee on Terrorism, Unconventional Threats and Capabilities.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on 21st Century Competitiveness.
Referred to the Subcommittee on Education Reform.
Referred to the Subcommittee on Select Education.