[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4139 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4139

      To minimize harm to populations impacted by the release of 
environmental contaminants, hazardous materials or infectious materials 
  in the aftermath of Hurricanes Katrina and Rita by providing for a 
   Comprehensive Environmental Sampling and Toxicity Assessment Plan 
(CESTAP) to assess and monitor air, water, soil and human populations, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 25, 2005

 Ms. McKinney introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
 Transportation and Infrastructure, the Budget, and Education and the 
 Workforce, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
      To minimize harm to populations impacted by the release of 
environmental contaminants, hazardous materials or infectious materials 
  in the aftermath of Hurricanes Katrina and Rita by providing for a 
   Comprehensive Environmental Sampling and Toxicity Assessment Plan 
(CESTAP) to assess and monitor air, water, soil and human populations, 
                        and for other purposes.

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

SECTION 1. TABLE OF CONTENTS.

Sec. 1. Table of contents.
              TITLE I--EMERGENCY ENVIRONMENTAL PROTECTION

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Purposes.
Sec. 104. Environmental assessment, cleanup, and right-to-know 
                            requirements.
Sec. 105. Definitions.
Sec. 106. Comprehensive plan.
Sec. 107. Notification of public and professionals.
Sec. 108. Training for responders and clean-up workers.
Sec. 109. Public health assessment and monitoring.
Sec. 110. Independent advisory and review board.
Sec. 111. Authorization of appropriations.
Sec. 112. Expiration.
                    TITLE II--BUILDING HABITABILITY

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Purposes.
Sec. 204. Definitions.
Sec. 205. Abatement and inspection grants.
Sec. 206. Threshold limit values.
Sec. 207. Guidance for evaluation and abatement of mold.
Sec. 208. Contractor training and certification.
Sec. 209. Treatment.
Sec. 210. Authorization of appropriations.
                           TITLE III--FUNDING

Sec. 301. Funding.

              TITLE I--EMERGENCY ENVIRONMENTAL PROTECTION

SEC. 101. SHORT TITLE.

     This title may be cited as the ``Gulf Coast Hurricane Emergency 
Environmental Protection Act of 2005''.

SEC. 102. FINDINGS.

     Congress finds that--
            (1) Hurricane Katrina, which struck the coasts of 
        Louisiana, Mississippi and Alabama on August 29, 2005--
                    (A) was the first event to be declared an 
                ``Incident of National Significance'' by the Director 
                of Homeland Security, as empowered to do so under the 
                National Response Plan and under the National Response 
                Plan, the first priority listed in the event of an 
                Incident of National Significance is ``to save lives 
                and protect the health and safety of the public, 
                resources and recovery workers'';
                    (B) struck 466 facilities handling large quantities 
                of dangerous chemicals, 31 hazardous waste sites along 
                the Gulf Coast, and 16 superfund toxic waste sites, 3 
                of which were flooded, being in the environs of the 
                City of New Orleans; and
                    (C) initially destroyed or compromised 170 drinking 
                water facilities and 47 public owned wastewater 
                treatment works along the affected Gulf Coast region.
            (2) In the aftermath of Hurricane Katrina--
                    (A) a mandatory evacuation was declared for the 
                City of New Orleans in the aftermath of Hurricane 
                Katrina as a response to the threat to public health 
                from contaminants and chemical spills mixing with the 
                floodwaters;
                    (B) among the known contaminants and toxins that 
                mixed with the floodwaters in New Orleans, are: oil, 
                gasoline, hexavalent chromium, mercury, arsenic, 
                chloroacetic acid, fecal bacteria including E. coli, 
                household hazardous wastes, pesticides and unattended 
                corpses of the dead;
                    (C) the United States Coast Guard reported more 
                than 7 million gallons of oil and between 1 and 2 
                million gallons of gasoline from plants and depots in 
                southeast Louisiana were spilled as a result of the 
                hurricane;
                    (D) spills of oil and other toxic chemicals pose a 
                particularly serious public health threat when they dry 
                and become airborne as invisible, breathable 
                particulates;
                    (E) the flooded Superfund sites in Louisiana and 
                Mississippi contained contaminants that include heavy 
                metals associated with developmental problems and 
                increased risk of cancer, and polycyclic aromatic 
                hydrocarbons, which are known carcinogens;
                    (F) independent researchers have reported 
                environmental contaminants such as arsenic, 
                benzo(a)pyrene and petroleum hydrocarbons exceeding 
                Environmental Protection Agency and Louisiana 
                Department of Environmental Quality Standards present 
                in a one eighth inch layer of visibly distinct sediment 
                covering most ground surfaces after the removal of 
                floodwaters from New Orleans and environs.
            (3) Hurricane Rita, which struck the coasts of Texas and 
        Louisiana on September 24th, 2005--
                    (A) did little damage to cities or oil refineries, 
                but devastated many rural communities;
                    (B) caused significant flooding in rural areas and 
                in some areas exacerbated rural flooding initially 
                resulting from Hurricane Katrina; and
                    (C) caused significant damage to hospitals.
            (4) New Orleans hosts several Level-3 biolabs, including a 
        bioweapons research lab at Tulane University, which pose a 
        major public health risk should any research pathogens escaped 
        into the environment as a result of the hurricane and resultant 
        flooding and power outages, posing the risk of breach of 
        container seals, escape of test subject animals or distribution 
        of drowned test subject animals by floodwaters.
            (5) The Mississippi delta--
                    (A) is America's tropical region and has 
                historically played host to a long list of infectious 
                microbial diseases that are rare to develop in other 
                parts of the United States.
                    (B) was the point of entry for several massive 
                Yellow Fever epidemics that swept the Americas in the 
                nineteenth century.
            (6) The centers for disease control--
                    (A) warned prior to the hurricanes Katrina and Rita 
                of the dangers of vibrio cholerae, vibrio vulnificus 
                and other gastrointestinal organisms living in algal 
                blooms or carried by fish or shellfish; and
                    (B) reported five deaths from vibrio vulnificus in 
                the first week after Hurricane Katrina struck the Gulf 
                Coast.
            (7) The Environmental Protection Agency has yet to publicly 
        issue a broad strategic plan for dealing with the post-
        hurricane environmental clean-up and public safety, detailing 
        goals and methods of achieving them.
            (8) Residents of New Orleans and the affected Gulf Coast 
        areas have demonstrated their desire and determination to 
        return to their homes.
            (9) Hundreds of thousands of disaster responders and 
        returning residents are being allowed into damaged areas 
        without receiving sufficient warnings or information about 
        levels of contamination, health risks or necessary precautions.
            (10) Residents in affected areas have yet to be provided 
        protective gear to prevent harmful exposures, and the Federal 
        Emergency Management Agency has declined requests to fund local 
        initiatives to do so
            (11) Returning residents and responders are already 
        reporting widespread cases of respiratory problems, asthmas and 
        skin rashes.
            (12) Thousands of workers involved in the clean-up in the 
        aftermath of the collapse of the World Trade Center towers on 
        September 11, 2001, hundreds of whom are now disabled as a 
        result of those exposures, might have been spared from harm had 
        responsible government agencies issued sufficient health and 
        safety warnings regarding the potential toxicity of airborne 
        debris.
            (13) With sufficient government testing, warning and 
        support, the people of the Gulf Coast region could be protected 
        from similar dangers arising from the above-mentioned post-
        hurricane environmental hazards.
            (14) The Federal Government should take a leadership role 
        in protecting the public from environmental contaminants and 
        infectious materials that pose a threat to public health and 
        safety.

SEC. 103. PURPOSES.

     The purposes of this title are:
            (1) To establish a plan--
                    (A) to test, assess and aggregate collected data to 
                determine the location and level of threat to public 
                health and safety from environmental contaminants and 
                hazardous materials released into the environment as a 
                result of hurricanes Katrina and Rita, and resultant 
                flooding;
                    (B) to ensure that returning residents, responders 
                and clean-up crews as well as government officials are 
                informed of these threats to public health and safety 
                and have access to the information and equipment 
                necessary to minimize or eliminate that threat;
                    (C) to ensure that responders and clean-up crews 
                are properly trained and equipped for their mission; 
                and
                    (D) to ensure that the threat from environmental 
                contaminants and hazardous materials is removed through 
                environmental clean-up.
            (2) To help set common standards for the environmental 
        clean-up process across agencies and levels of government.

SEC. 104. ENVIRONMENTAL ASSESSMENT, CLEANUP, AND RIGHT-TO-KNOW 
              REQUIREMENTS.

    (a) Assessment and Cleanup Funding for Superfund and Other 
Hazardous Sites.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency (referred to in this title as the 
        ``Administrator'') shall use funds appropriated under the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.) and funds provided to the 
        Administrator in response to Hurricane Katrina for--
                    (A) cleanup activities (including response actions 
                in accordance with the Comprehensive Environmental 
                Response, Compensation and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.) and corrective actions in 
                accordance with the Solid Waste Disposal Act (42 U.S.C. 
                6901 et seq.));
                    (B) reconstruction and rehabilitation of drinking 
                water supplies and wastewater treatment plants; and
                    (C) addressing potential or actual threats to human 
                health or the environment arising from or relating to 
                Hurricane Katrina.
            (2) Priority.--
                    (A) In general.--The Administrator shall prioritize 
                cleanup activities to be conducted under this 
                subsection based on the risks posed by a particular 
                area in which the activities are to be conducted to 
                human health or the environment.
                    (B) Risk identification.--The Adminstrator shall 
                identify major sources of environmental contamination, 
                or environmental ``hot spots'', including facilities of 
                concern, and use zoning procedures as one method of 
                identifying priority targets:
                            (i) of concern for public health and 
                        safety; and
                            (ii) for clean-up procedures.
                    (C) Source of funds.--In carrying out this 
                subsection, the Administrator shall use amounts 
                appropriated under the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
                seq.) and amounts appropriated to the Administrator in 
                response to Hurricane Katrina before using amounts made 
                generally available to the Administrator.
            (3) Applicable standards and requirements.--Any activity or 
        evaluation carried out under this subsection shall be subject 
        to the same standards and requirements (including requirements 
        relating to the use of funds) as are applicable to programs 
        carried out using funds of the Environmental Protection Agency.

SEC. 105. DEFINITIONS.

     In this title:
            (1) Environmental contaminant.--The term ``environmental 
        contaminant'' means
                    (A) any hazardous substance regulated under the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
                    (B) any solid waste regulated under the Solid Waste 
                Disposal Act (42 U.S.C. 6901 et seq.).
            (2) Hazardous material.--
                    (A) In general.--The term ``hazardous material'' 
                means--
                            (i) a hazardous substance (as defined in 
                        section 101 of the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601));
                            (ii) a petroleum-based substance; and
                            (iii) an industrial or commercial chemical.
                    (B) Included in term.--The term ``hazardous 
                material'' includes--
                            (i) a petroleum-based product;
                            (ii) a metal;
                            (iii) a volatile or semi-volatile organic 
                        compound;
                            (iv) a pesticide;
                            (v) an herbicide;
                            (vi) a polychlorinated biphenyl; and
                            (vii) any biological material in 
                        floodwater, surface water, sediment, or soil 
                        that may threaten human health or the 
                        environment.
            (3) Infectious material.--The term ``infectious material'' 
        means each of the following:
                    (A) Any organism that is capable of producing 
                infection or infectious disease, such as a bacteria, 
                fungus, parasite, protozoan or virus.
                    (B) Any strain of a potentially virulent virus or 
                other disease that was the subject of study and 
                experimentation at one of several level 3 bioresearch 
                labs located in the regions affected by recent 
                hurricanes and flooding.
                    (C) Any carrier acting as a vector for spreading 
                infectious organisms or virulent diseases, or both, 
                such as a decaying corpse, or a living non-human agent 
                such as an infected rodent or an escaped laboratory 
                test animal.
            (4) Facility of concern.--The term ``facility of concern'' 
        means--
                    (A) a chemical, petroleum, or other facility that 
                is subject to the chemical accident prevention program 
                under section 112(r) of the Clean Air Act (42 U.S.C. 
                7412(r));
                    (B) a site on the National Priorities List 
                developed by the President in accordance with section 
                105(a)(8)(B) of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9605(a)(8)(B)) (including such a site for which 
                corrective action is ordered under that Act);
                    (C) a site for which the Administrator or a State 
                has ordered corrective action in accordance with 
                section 3004(u) or 3008(h) of the Solid Waste Disposal 
                Act (42 U.S.C. 6924(u); 6428(h));
                    (D) a hazardous waste generation, treatment, 
                storage, or disposal facility subject to regulation 
                under subtitle C of the Solid Waste Disposal Act (42 
                U.S.C. 6921 et seq.);
                    (E) a surface impoundment;
                    (F) an aboveground storage tank;
                    (G) an underground storage tank (as defined in 
                section 9001 of the Solid Waste Disposal Act (42 U.S.C. 
                6991)); and
                    (H) a railcar or tanker truck used to transport a 
                hazardous constituent.
            (5) Release.--The term ``release'' has the meaning given 
        the term in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
            (6) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.

SEC. 106. COMPREHENSIVE PLAN.

    (a) Development.--
            (1) Planning.--Immediately after the enactment of this Act, 
        the Administrator of the Environmental Protection Agency, in 
        coordination with the appropriate agencies of the Department of 
        Health and Human Services and in consultation with the 
        Governors of Louisiana, Mississippi, Alabama and Texas as well 
        as appropriate State and local public health and safety 
        agencies, shall develop a Comprehensive Environmental Sampling 
        and Toxicity Assessment Plan (CESTAP) to determine the 
        immediate and long-term hazards posed by exposure to 
        environmental contaminants, hazardous materials or infectious 
        materials released into the environment as a result of the 
        hurricanes and resultant flooding.
            (2) Comprehensive testing.--The CESTAP shall include 
        comprehensive testing by sampling and analysis involves 
        sampling and monitoring:
                    (A) soil;
                    (B) water;
                    (C) air; and
                    (D) human populations
        in order to determine the presence, volume, and potential 
        distribution vectors of any environmental contaminant, 
        hazardous material or infectious material.
            (3) Aggregation and assessment.--Using data gathered 
        pursuant to the CESTAP, the Administrator shall--
                    (A) aggregate the data to identify:
                            (i) environmental ``hot spots,'';
                            (ii) known and potential toxicological 
                        threats; and
                            (iii) public health trends;
                    (B) assess the short-term, ongoing, and long-term 
                human health risks (including cancer and noncancer 
                health effects) from all routes of exposure associated 
                with contaminant concentrations in floodwater, surface 
                water, sediment, and soil, including any contamination 
                that may remain in that water, sediment, or soil 
                (including Lake Pontchartrain and soil in areas 
                affected by Hurricane Katrina); and
                    (C) include in the assessment under clause (i) a 
                targeted analysis of risks to--
                            (i) sensitive subpopulations (such as 
                        children, pregnant women, the elderly, and 
                        people with impaired immune systems); and
                            (ii) low-income and minority communities.
            (4) Notification.--(A) The results should be used to alert 
        State and local officials, including health and public safety 
        officials.
            (B) The results should also be made available to the public 
        and used in a public information campaign to aggressively 
        distribute information about public safety threats to the 
        public.
            (C) Given the high potential for a public health disaster 
        under circumstances of multiple releases of toxic and hazardous 
        substances into the environment and the complex mixing of such 
        materials in floodwaters, the Administrator is charged with 
        setting up the first line of defense against immediate and 
        long-term threats to public safety by ensuring that all 
        existing Federal and State environmental and work safety 
        standards are diligently observed.
    (b) Clean-Up.--The CESTAP shall include provisions to expedite the 
clean-up, removal or elimination of those environmental contaminants, 
hazardous materials and infectious materials, identified under the 
plan, which pose risks to public health. The Administrator shall 
prioritize cleanup activities to be conducted under this subsection 
based on the risks posed by a particular area in which the activities 
are to be conducted to human health or the environment.
    (c) Coordination.--(1) The CESTAP shall encompass and be 
coordinated with existing sampling, assessment and cleanup efforts by 
Federal, State and local agencies.
    (2) Given the scope of the types of testing necessary to the task, 
the multiple regions affected and the pressing need for haste, the work 
of independent, professional researchers with established credentials 
shall not be ignored. Such work of citizen researchers, motivated by 
the same desire as the government to protect their fellow citizens from 
harm, shall be utilized by government officials in their work to guide 
them to the potentially most hazardous geographic sites and potential 
public health emergencies.
    (d) Zoning.--
            (1) Right of return.--The Department of Homeland Security, 
        the Federal Emergency Management Agency and the Environmental 
        Protection Agency shall each allow and assist residents to 
        return to their homes or to lay claim to their property, and in 
        handling the relief and rehabilitation efforts in the Gulf 
        region should be guided by this principle.
            (2) Right to know the risks.--Federal and State agencies 
        bear a responsibility to the hurricane victims to inform them 
        about the known and possible health risks they may face upon 
        returning to their domicile, as well to inform them on how they 
        can best protect themselves and where they can obtain the 
        necessary equipment and materials to do so, and to prevent 
        residents from returning to areas where the health risks are 
        too severe.
            (3) Setting standards.--The principles set forth in 
        paragraphs (1) and (2) shall be balanced against one another. 
        The Environmental Protection Agency has a key role to play in 
        setting safety standards to help bring concert to the work of 
        various Federal, State and local officials, in determining 
        which areas remain too unsafe for residents to return.
                    (A) Zones of safety.--The Administrator shall have 
                the authority to define zones of safety, including:
                            (i) ``KEEP OUT'' zones that remain unsafe 
                        for residents to return, even where other 
                        agencies have declared them safe from flooding 
                        or hazardous debris such as downed power lines;
                            (ii) ``AT YOUR OWN RISK'' zones where 
                        safety risks are uncertain, or can be 
                        controlled with proper information and 
                        equipment (where said information and equipment 
                        is made available to residents); and
                            (iii) ``LOW RISK'' zones where the risk 
                        level is considered minimal, but where 
                        residents and visitors are nevertheless 
                        provided with information on what risks do 
                        exist and what measures they can take to 
                        minimize them.
                    (B) Safety over speculation.--The government's 
                obligations set forth in paragraphs (1) and (2) shall 
                not apply in the same way to private interests or 
                businesses who are not in the condition of having no 
                home to return to.
                    (C) Buyers.--The United States shall protect the 
                public and consumers from immediate and long-term 
                health risks by requiring those public and private 
                buyers of property in potentially contaminated areas 
                who possessed no title to said land prior to the 
                hurricane, to obtain certification of a comprehensive 
                inspection for environmental quality, public health 
                safety as well as compliance with local historical 
                preservation laws prior to commencement of new 
                construction or re-sale of real estate. The 
                Administrator shall determine areas subject by this 
                clause and shall work with the Centers for Disease 
                Control and Prevention as well as State, local, and 
                community governments to establish inspection and 
                certification procedures. The Administrator shall 
                develop standards for such inspection procedures, in 
                cooperation with State and local officials, including 
                local health and public safety agencies. These 
                standards are to be included in the overall CESTAP Plan 
                provided under this section. The certification program 
                and the standards of inspection shall be organized in 
                conjunction with the establishment of standards for 
                accreditation and training programs for contractors, 
                supervisors, inspectors and other workers as set forth 
                in section 208 of this Act
    (e) Notice to Congress.--
            (1) Initial notice.--Not later than 14 days after the date 
        of the enactment of this Act, the Administrator shall submit to 
        the Committees on Transportation and Infrastructure and Energy 
        and Commerce of the House of Representatives and to the 
        Committee on Environment and Public Works of the Senate an 
        initial draft of the comprehensive plan, along with a progress 
        report on the current state of the environmental testing, 
        assessment, clean-up and public safety efforts in the 
        hurricane-devastated regions of the Gulf Coast.
            (2) Subsequent notifications.--Not later than 30 days after 
        the date on which the Administrator submits the initial plan 
        and progress report under paragraph (1), and every 30 days 
        thereafter, the Administrator shall submit to the committees 
        referred to in paragraph (1) a subsequent progress report, 
        covering:
                    (A) sampling and toxicity assessment results on a 
                region-by-region basis;
                    (B) ongoing and revised planning for notifying 
                potentially affected populations and providing proper 
                training and equipment for handling dangerous 
                substances;
                    (C) results of public health assessment and 
                monitoring studies, including any reports indicating 
                illnesses possibly resulting from exposure to 
                infectious materials released in the hurricane or local 
                epidemics or outbreaks of disease from contagions;
                    (D) any response actions undertaken in response to 
                those releases;
                    (E) the cost of each such response action; and
                    (F) comprehensive costs that will likely be 
                incurred in conducting future assessment and cleanup 
                actions relating to Hurricane Katrina.
            (3) Addressing disease.--In his initial report, the 
        Administrator shall--
                    (A) for inclusion in the Initial Notice under 
                paragraph (1), request from the Director of the 
                Department of Health and Human Services (DHHS) a status 
                report on the work of agencies within the DHHS which 
                are overseeing efforts to identify and prevent 
                outbreaks of infections diseases in the Gulf Coast 
                region affected by hurricanes and flooding;
                    (B) for inclusion in the Initial Notice under 
                paragraph (1), request from the Director of the 
                Department of Energy and Minister of Defense a report 
                on the status of the three level 3 bioresearch labs 
                affected by Hurricane Katrina, and any risk to public 
                health resulting from the release of pathogens or test 
                animals into the environment; and
                    (C) include in Subsequent Notifications under 
                paragraph (2), further status reports from these 
                Departments, as needed to track any identified threats 
                to public health from infectious materials or actual 
                outbreaks of disease.
            (4) Public availability and participation.--The 
        Administrator shall--
                    (A) make the report under this subsection available 
                to--
                            (i) the public; and
                            (ii) the Chairman and ranking Member of 
                        each committee of Congress with oversight 
                        jurisdiction over the Environmental Protection 
                        Agency; and
                    (B) in preparing and updating the report, solicit 
                information from facility employees, community members, 
                and other knowledgeable individuals with respect to 
                matters covered by the report.
    (f) Annual Review.--No later than 1 year after the date of the 
enactment of this Act, the Administrator shall submit to the Committees 
on Transportation and Infrastructure and Energy and Commerce of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report describing--
            (1) what known and potential threats to public health and 
        safety, immediate and long-term, were identified under the 
        CESTAP;
            (2) details of efforts to inform and alert the public and 
        government officials of identified threats, and evaluation of 
        their effectiveness;
            (3) results of efforts to ensure the safety of responders 
        and clean-up crews,and evaluation of their effectiveness;
            (4) results of immediate intervention and on-going 
        monitoring of public health, including the health of 
        responders, clean-up crews and government officials present in 
        affected areas, and evaluation of their effectiveness;
            (5) an overall assessment of--
                    (A) how the threat to public health has been 
                managed;
                    (B) what threats to public health still remain;
                    (C) what existing programs must continue in order 
                to address remaining threats; and
            (6) additional recommendations for action on problems that 
        have either not been adequately addressed or have yet to be 
        addressed.

SEC. 107. NOTIFICATION OF PUBLIC AND PROFESSIONALS.

    (a) Emergency Notification.--
            (1) Highest risk areas.--The Administrator shall take 
        immediate action to ensure that contaminated areas that have 
        already been identified as posing the highest risk to human 
        health are properly marked with warning signs, and will advise 
        and coordinate access to such areas local and on-site police 
        and law enforcement officials. The Administrator will also 
        ensure that public and health officials from the surrounding 
        region are provided with detailed information about the dangers 
        posed by the area of contamination. This being of the highest 
        priority, the Administrator shall not wait for the first draft 
        of the CESTAP plan before acting.
            (2) Airborne contaminants.--The Administrator shall take 
        immediate action to ensure that the population in areas subject 
        to potential health risks from airborne contaminants are made 
        aware of the dangers they face through a public information 
        campaign, with literature to be provided to and disseminated by 
        State and local officials, and where their capacity is lacking, 
        by Federal agencies. This being of the highest priority, the 
        Administrator shall not wait for the first draft of the CESTAP 
        plan before acting.
    (b) Transparency.--
            (1) Information campaign.--A major component of the CESTAP 
        plan shall be a pro-active information campaign as part of an 
        effort to produce and disseminate information in the form of 
        literature, web postings and public service announcements 
        providing affected populations with clear and concise warnings 
        about the potential hazards they face.
            (2) Regular updates.--The Administrator shall ensure that 
        the campaign is on-going, providing the public with new 
        information as it becomes available.
            (3) Notifying officials.--The Administrator shall ensure 
        that this information campaign includes the provision of 
        detailed information, in print and through direct consultation, 
        to officials overseeing disaster relief, rehabilitation and 
        clean-up.
    (c) Coherency.--
            (1) Providing means of protection.--The public information 
        campaigns referred to in subsection (b) shall be coordinated in 
        conjunction with efforts to supply relevant safety equipment 
        (from hazmat suits to rubber gloves and cleaning solutions) to 
        affected populations and working crews.
            (2) Inter-agency cooperation.--The Administrator shall 
        develop the CESTAP plan by--
                    (A) identifying and tapping available resources and 
                manpower of agencies other than the Environmental 
                Protection Agency, while at the same time,
                    (B) combining efforts as much as possible with 
                those agencies to be so tapped, through such measures 
                as--
                            (i) setting up joint information campaigns 
                        where possible;
                            (ii) identifying teams of agencies who will 
                        be working in high risk areas and provisioning 
                        the necessary protective gear; and in general
                            (iii) seeking wherever possible to avoid 
                        unnecessary duplication of effort.

SEC. 108. TRAINING FOR RESPONDERS AND CLEAN-UP WORKERS.

    (a) Planning and Execution.--
            (1) Responders health and safety program.--Within the 
        CESTAP there shall be a program designed to protect that health 
        and safety of responders and clean-up crews specifically in 
        relation to contaminants, hazardous materials or infectious 
        materials.
            (2) Inter-agency coordination.--The Administrator shall 
        coordinate this program with each of the following agencies:
                    (A) The Occupational Safety and Health 
                Administration, which shall be responsible for ensuring 
                the health and safety of disaster responders and clean-
                up crews in cooperation with Federal, State, and local 
                officials and private sector organizations.
                    (B) The Department of Labor, which shall be 
                responsible for coordinating a response plan to address 
                worker health and safety issues.
                    (C) The National Institute of Occupational Safety 
                and Health, which shall be ready to provide health and 
                safety training to responders and clean-up crews.
    (b) Emergency Training.--
            (1) Guidelines.--The Administrator shall include in the 
        CESTAP, guidelines to ensure that--
                    (A) worksites and areas where responders and clean-
                up crews are to be sent are subject to a full 
                environmental assessment and identification of hazards 
                through onsite evaluation and monitoring and 
                identification of workers likely to be facing high risk 
                of hazardous exposures;
                    (B) relief, reconstruction and clean-up workers of 
                all contributing agencies--
                            (i) are properly informed of the 
                        environmental hazards they may face in their 
                        work;
                            (ii) are provided proper training in 
                        handling toxic materials;
                            (iii) are provided with the proper 
                        protective equipment (such as respirators to 
                        protect against airborne toxins), and 
                        guidelines and training for using them; and
                            (iv) receive proper immunizations, where 
                        necessary and appropriate;
                    (C) mechanisms are in place to provide equal 
                protection from environmental and health hazards to 
                State and local public employees not covered by 
                regulations of the Occupational Safety and Health 
                Administration; and
                    (D) these efforts are coordinated in close 
                collaboration with local employers, unions and safety 
                and health professionals.
            (2) Advance planning.--Some advance planning for such 
        trainings will be required in order for the trainings to be 
        meaningful to untrained, low-income and immigrant workers who 
        may have limited English language skills.
    (c) Priority to Residents.--The Administrator shall ensure that 
qualified residents returning to New Orleans and hurricane-affected 
areas, and who are faced with the job loss are given priority in new 
hirings for positions involved in ongoing sampling and assessment of 
the environment.

SEC. 109. PUBLIC HEALTH ASSESSMENT AND MONITORING.

    (a) Early Intervention.--
            (1) Immediate human health assessment.--The Administrator 
        shall seek to include in the CESTAP plan an immediate public 
        health assessment of--
                    (A) populations remaining in or returning to areas 
                of known or potential exposure to environmental 
                contaminants, hazardous materials or infectious 
                materials, and
                    (B) relief, rehabilitation and clean-up workers 
                working in areas known to be at risk.
            (2) Purpose.--The purpose of such immediate interventions 
        is--
                    (A) to identify any epidemiological outbreaks or 
                toxological trends in the population; and
                    (B) as a means of
                            (i) screening for hazards missed by other 
                        forms of environmental sampling;
                            (ii) alerting relevant health officials to 
                        addressing the problem; and
                            (iii) setting a base-line for long-term 
                        monitoring.
    (b) Long-Term Monitoring.--The CESTAP plan shall include provisions 
for periodic follow-up studies, no more than a year apart, to assess 
the ongoing and long-term health impacts of environmental contaminants, 
hazardous or infectious materials that were or may have been released 
into the environment as a result of the impact of Hurricane Katrina.

SEC. 110. INDEPENDENT ADVISORY AND REVIEW BOARD.

    (a) Establishment.--In order to ensure maximum consonance with 
efforts of residences of affected areas and cities to rebuild their 
homes, businesses and communities, an Independent Advisory and Review 
Board (IARB) shall be established, and shall be comprised of--
            (1) 3 professionals who can share expert scientific and 
        environmental knowledge with the Administrator and officials 
        involved in carrying out the CESTAP;
            (2) 3 respected community leaders capable of providing to 
        the Administrator and officials involved in carrying out the 
        CESTAP first-hand knowledge of--
                    (A) State, local, and community resources and 
                organizational capacities;
                    (B) existing plans and efforts by State, local, and 
                community to rebuild their communities as well as to 
                deal with discovered environmental contaminants and 
                hazardous materials; and
                    (C) the priorities and concerns of affected 
                populations;
            (3) 3 officials from State and local government; and
            (4) 3 State and local public health and safety officials.
    (b) Nominations.--Nominations shall be solicited from--
            (1) local and national scientific and environmental non-
        governmental organizations;
            (2) civic bodies and community organizations in the 
        affected cities, States and regions;
            (3) State, local, and community government bodies;
            (4) State and local public health and safety bodies; and
            (5) the Administrator shall call a meeting of 
        representatives from the nominating bodies, who will select or 
        elect a Board from the nominees.
    (c) Duties.--
            (1) Advisory role.--The Board shall provide advice and 
        recommendations to the Administrator for the purposes of 
        carrying out this Act.
            (2) Chairperson.--The Board shall select a Chairperson, who 
        shall vote only in the event of a tie.
            (3) Periodic review.--The IARB shall issue periodic reports 
        no less frequently than quarterly, assessing the progress of 
        the CESTAP, with specific reference to--
                    (A) previous or on-going threats to public health 
                that the CESTAP failed to identify or to adequately 
                address;
                    (B) the effectiveness of efforts under CESTAP to 
                protect residents, responders and clean-up workers 
                through providing information, training and safety 
                equipment; and
                    (C) implementation of the CESTAP in coordination 
                with State, local, and community government and 
                nongovermental bodies, including suggestions for 
                further improvement.
            (4) Annual review.--No later than 1 year from the date this 
        Act open hearings before Congress shall be held to review the 
        progress of the CESTAP, inviting members of the IARB to report 
        their findings, as well as the Administrator and officials 
        involved in carrying out the CESTAP to present their findings. 
        Subsequent hearings shall be held annually until the expiration 
        of this Act.
    (d) Restrictions.--No person may sit on the IARB who by holding 
real estate investments in the regions affected by this Act and would 
thereby stand to profit from actions taken under this Act or who is 
directly employed in the administering of the CESTAP.
    (e) Powers of the Board.--
            (1) Hearings.--The Board may hold such hearings, sit and 
        act at such times and places, take such testimony, and receive 
        such evidence as the Board considers advisable to carry out 
        this section.
            (2) Information from federal agencies.--The Board may 
        secure directly from any Federal department or agency such 
        information as the Board considers necessary to carry out this 
        section. Upon request of the Chairperson of the Board, the head 
        of such department or agency shall furnish such information to 
        the Board.
            (3) Postal services.--The Board may use the United States 
        mails in the same manner and under the same conditions as other 
        departments and agencies of the Federal Government.
            (4) Gifts.--The Board may accept, use, and dispose of gifts 
        or donations of services or property.
    (f) Board Personnel Matters.--
            (1) Compensation of members.--Each member of the Board who 
        is not an officer or employee of the Federal Government shall 
        be compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which such 
        member is engaged in the performance of the duties of the 
        Board. All members of the Board who are officers or employees 
        of the United States shall serve without compensation in 
        addition to that received for their services as officers or 
        employees of the United States.
            (2) Travel expenses.--The members of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Board.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Board may, 
                without regard to the civil service laws and 
                regulations, appoint and terminate an executive 
                director and such other additional personnel as may be 
                necessary to enable the Board to perform its duties. 
                The employment of an executive director shall be 
                subject to confirmation by the Board.
                    (B) Compensation.--The Chairperson of the Board may 
                fix the compensation of the executive director and 
                other personnel without regard to chapter 51 and 
                subchapter III of chapter 53 of title 5, United States 
                Code, relating to classification of positions and 
                General Schedule pay rates, except that the rate of pay 
                for the executive director and other personnel may not 
                exceed the rate payable for level V of the Executive 
                Schedule under section 5316 of such title.
                    (C) Personnel as federal employees.--
                            (i) In general.--The executive director and 
                        any personnel of the Board who are employees 
                        shall be employees under section 2105 of title 
                        5, United States Code, for purposes of chapters 
                        63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of 
                        that title.
                            (ii) Members of board.--Paragraph (1) shall 
                        not be construed to apply to members of the 
                        Board.
            (4) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Board without reimbursement, 
        and such detail shall be without interruption or loss of civil 
        service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Board may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals which do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of such 
        title.
    (g) Termination.--The Board shall terminate upon the expiration of 
this Act.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary to the Board to carry out this 
section.

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.

SEC. 112. EXPIRATION.

     Unless otherwise extended by Congress, this Act and the CESTAP 
shall automatically expire upon completion of he fifth annual hearings 
to review the progress of the CESTAP to be completed after the 
Administrator's fifth annual report to Congress.

                    TITLE II--BUILDING HABITABILITY

SEC. 201. SHORT TITLE.

     This title may be cited as the ``Habitability of Residential 
Homes, Schools, and Commercial Buildings Affected by Hurricane Katrina 
Act of 2005''.

SEC. 202. FINDINGS.

     The Congress finds that--
            (1) Hurricane Katrina--
                    (A) caused significant loss of life, disrupted the 
                supply of power, natural gas, and water, and affected 
                sewage treatment and road safety;
                    (B) destroyed hundreds of thousands of residential 
                homes, commercial buildings, and schools in the States 
                of Louisiana, Mississippi, and Alabama;
                    (C) caused an estimated 80 percent of residential 
                structures in the city of New Orleans to sustain flood 
                damage;
                    (D) presented serious environmental health issues 
                and threatened the public health through contamination 
                by toxic chemicals, sewage, solid waste, debris, and 
                gasoline; and
                    (E) continues to contribute to the growth of mold 
                in residential homes and other buildings in the States 
                of Louisiana, Mississippi, and Alabama through excess 
                moisture and standing water;
            (2) many residential homes, commercial buildings, and 
        schools in those States contain mold, and have otherwise been 
        exposed to environmental contamination due to flooding, leaving 
        the structures--
                    (A) in a state of disrepair; and
                    (B) inhabitable and dangerous to the public health;
            (3) molds have the potential to cause health problems by 
        producing allergens, irritants, and in some cases, potentially 
        toxic substances (mycotoxins);
            (4) inhaling or touching mold or mold spores may cause 
        immediate or delayed allergic reactions in sensitive 
        individuals, including hay fever-type symptoms, such as 
        sneezing, runny nose, red eyes, and skin rash;
            (5) molds can also cause asthma attacks in people with 
        asthma who are allergic to mold, and irritate the eyes, skin, 
        nose, throat, and lungs of mold-allergic and nonallergic 
        people;
            (6) some people, such as people with serious allergies to 
        molds, may have more severe reactions to mold, and people with 
        chronic lung illnesses, such as obstructive lung disease, may 
        develop mold infections in their lungs; and
            (7) the Federal Government should take a leadership role 
        in--
                    (A) evaluating and inspecting residential homes, 
                commercial buildings, and schools in the States of 
                Louisiana, Mississippi, and Alabama for the presence of 
                environmental contaminants and mold;
                    (B) cleaning up environmental contaminants and 
                mold; and
                    (C) certifying that the structures are safe for 
                habitation.

SEC. 203. PURPOSES.

     The purposes of this title are--
            (1) to develop a program to inspect damaged residential 
        homes, schools, and commercial buildings affected by Hurricane 
        Katrina to--
                    (A) determine the habitability of the structures;
                    (B) determine the presence of environmental 
                contaminants and mold in the structures, including the 
                extent of the contamination; and
                    (C) certify the habitability of the structures;
            (2) to develop a training program to certify contractors to 
        inspect and remediate the structures;
            (3) to develop a program to reduce and eliminate the 
        presence of environmental contaminants and mold in residential 
        homes, commercial buildings, and schools through interim 
        controls and abatement;
            (4) to educate the public on the public health implications 
        of toxic mold and the guidelines of the Environmental 
        Protection Agency for remediating mold; and
            (5) to provide grants to assist eligible entities in 
        carrying out paragraphs (1) through (4).

SEC. 204. DEFINITIONS.

     In this title:
            (1) Abatement.--
                    (A) In general.--The term ``abatement'' means any 
                measure, including a remediation measure, to 
                permanently eliminate any adverse health effect of an 
                environmental contaminant or mold, in accordance with 
                Federal environmental laws and guidelines.
                    (B) Inclusions.--The term ``abatement'' includes--
                            (i) removal of environmental contaminants 
                        and replacement of surfaces containing 
                        environmental contaminants;
                            (ii) cleanup and disposal of surfaces 
                        containing environmental contaminants, 
                        including postabatement clearance testing and 
                        sampling activities relating to the cleanup and 
                        disposal;
                            (iii) removal and permanent containment of 
                        mold and replacement of surfaces containing 
                        mold;
                            (iv) remediation of the underlying causes 
                        of mold and water accumulation;
                            (v) cleanup, drying, and disposal of 
                        surfaces containing mold, including 
                        postabatement clearance testing and sampling 
                        activities relating to the cleanup and 
                        disposal; and
                            (vi) development of a remediation plan, 
                        purchase of personal protective and containment 
                        equipment, the fixing of moisture problems, 
                        reevaluation of measures in cases in which 
                        hidden mold is discovered, and selection of 
                        appropriate cleanup methods.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Certified contractor.--The term ``certified 
        contractor'' means a contractor, inspector, or supervisor 
        that--
                    (A)(i) has completed an accredited training 
                program, as determined by the Administrator; and
                    (ii) has met any other requirement for 
                certification established by the Administrator; or
                    (B) has been certified by a State under a program 
                that is at least as rigorous as an accredited training 
                program under subparagraph (A)(i), as determined by the 
                Administrator.
            (4) Commercial building.--The term ``commercial building'' 
        means a structure that is operated for business purposes, 
        including structures operated by for-profit and nonprofit 
        entities.
            (5) Environmental contaminant.--The term ``environmental 
        contaminant'' means--
                    (A) any hazardous substance regulated under the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
                    (B) any solid waste regulated under the Solid Waste 
                Disposal Act (42 U.S.C. 6901 et seq.).
            (6) Guidelines.--The term ``guidelines'' means any guidance 
        provided under the Environmental Protection Agency documents 
        entitled ``Mold Remediation in Schools and Commercial 
        Buildings'' and ``A brief guide to mold, moisture, and your 
        home''.
            (7) Inspection.--The term ``inspection'' means a surface-
        by-surface investigation of the interior and exterior of a 
        residential home, commercial building, or school to determine 
        the habitability of the structure for adults (including 
        pregnant women) and children, taking into consideration the 
        presence of any environmental contaminant or mold, including 
        activities relating to--
                    (A) information gathering regarding the age and 
                history of the structure;
                    (B) visual inspection;
                    (C) any environmental sampling technique;
                    (D) assessment of the presence of an environmental 
                contaminant or mold;
                    (E) identification of the source of the 
                contamination or cause of a water or moisture problem; 
                and
                    (F) any other appropriate activity, as determined 
                by the Administrator.
            (8) Interim control.--The term ``interim control'' means 
        any measure designed to temporarily reduce human exposure or 
        likely human exposure to an environmental contaminant or mold, 
        such as specialized cleaning measures, repairs, maintenance, 
        painting, temporary containment, and continued monitoring of a 
        potential or existing environmental hazard.
            (9) Mold.--The term ``mold'' means any form of 
        multicellular fungus that lives on plant or animal matter, or 
        in an indoor environment, such as Caldosporium, Penicillium, 
        Alternaria, Aspergillus, Fuarium, Trichoderma, Memnoniella, 
        Mucor, and Stachybotrys chartarum.
            (10) Residential home.--The term ``residential home'' 
        means--
                    (A) a single-family dwelling, including any 
                attached structure used as a porch or stoop; and
                    (B) a single-family dwelling contained in a 
                structure that includes more than 1 dwelling unit, in 
                which each dwelling unit is intended to be occupied as 
                a residence by 1 or more persons.
            (11) School.--
                    (A) In general.--The term ``school'' means any 
                facility used for educational purposes.
                    (B) Inclusion.--The term ``school'' includes a day 
                care center.

SEC. 205. ABATEMENT AND INSPECTION GRANTS.

    (a) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means--
            (1) any State, local, or tribal government agency 
        (including a parish agency) located in the State of Louisiana, 
        Alabama, or Mississippi that is affected by Hurricane Katrina; 
        and
            (2) any administrative agency of a school located in the 
        State of Louisiana, Alabama, or Mississippi that is affected by 
        Hurricane Katrina.
    (b) Establsihment.--The Administrator shall establish a program 
under which the Administrator shall provide grants to eligible entities 
to pay the Federal share of the cost of abatement and inspection 
activities for residential homes, commercial buildings, and schools in 
the area served by the eligible entity, in accordance with this 
section.
    (c) Applications.--To receive a grant under this section, an 
eligible entity shall submit to the Administrator an application in 
such time, in such manner, and containing such information as the 
Administrator may require.
    (d) Selection Criteria.--The Administrator shall provide grants 
under this section to eligible entities on the basis of the merit of an 
activity proposed to be carried out by the eligible entity, taking into 
consideration--
            (1) the severity and extent of the presence of 
        environmental contaminants or mold in the area served by an 
        eligible entity;
            (2) the ability of an eligible entity to carry out an 
        activity proposed by the eligible entity; and
            (3) any other factor that the Administrator determines to 
        be appropriate to carry out the purposes of this title.
    (e) Use of Funds.--An eligible entity that receives a grant under 
this section shall use amounts made available for activities relating 
to residential homes, commercial buildings, and schools in the area 
served by the eligible entity to--
            (1) conduct inspections;
            (2) provide for interim control of environmental 
        contaminants and mold;
            (3) provide for abatement of environmental contaminants and 
        mold;
            (4) ensure that inspections and sampling activities are 
        carried out by certified contractors;
            (5) monitor the health of workers involved in abatement and 
        inspection under this section;
            (6) monitor the health of certified contractors involved in 
        inspections under this section;
            (7) inform the public with respect to the nature and causes 
        of mold, measures to reduce exposure to mold, and measures to 
        remediate mold; and
            (8) test or sample air and surfaces for environmental 
        contaminants or mold, including by--
                    (A) purchasing equipment to measure moisture levels 
                in building materials, humidity gauges and meters, and 
                air conditioning filters; and
                    (B) designing mold sampling protocols.

SEC. 206. THRESHOLD LIMIT VALUES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall promulgate regulations 
establishing threshold limitation values for airborne concentrations of 
mold and mold spores in indoor environments to protect the public 
health.
    (b) Factors for Consideration.--In promulgating regulations 
pursuant to subsection (a), the Administrator shall take into 
consideration the adverse health effects of exposure to mold and mold 
spores, including specific effects of the exposure on--
            (1) pregnant women;
            (2) children;
            (3) elderly individuals;
            (4) asthmatic individuals;
            (5) allergic individuals;
            (6) individuals with compromised immune systems; and
            (7) any other subgroup of individuals the health of which 
        would be at greater risk if exposed to mold or mold spores, as 
        determined by the Administrator.

SEC. 207. GUIDANCE FOR EVALUATION AND ABATEMENT OF MOLD.

     Not later than 180 days after the date of enactment of this Act, 
the Administrator, in consultation with the Secretary of Health and 
Human Services acting through the Director of the Centers for Disease 
Control, shall issue guidance with respect to adults (including 
pregnant women) and children for any activity carried out or funded, in 
whole or in part, by the Federal Government relating to inspection, 
interim controls, activities for the abatement or remediation of mold, 
and sampling.

SEC. 208. CONTRACTOR TRAINING AND CERTIFICATION.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall promulgate regulations relating to 
the abatement, inspection, reduction, and remediation of mold to ensure 
that certified contractors are properly trained to carry out those 
activities, including establishing standards for the accreditation of 
training programs for contractors, supervisors, inspectors, and other 
workers.
    (b) Inclusions.--In promulgating regulations pursuant to subsection 
(a), the Administrator shall require that any mold inspection, 
abatement, or reduction activity carried out or funded, in whole or in 
part, by the Federal Government shall be conducted by a certified 
contractor.
    (c) Coordination.--The standards of training and certification 
under (a) and (b) shall be organized in conjunction with the 
establishment of standards for comprehensive environmental quality 
inspection and certification procedures as set out in section 
106(b)(3)(B)of this Act.

SEC. 209. TREATMENT.

     Any individual or entity that fails to comply with a requirement 
of this title shall be subject to an appropriate civil penalty, as 
determined by the Administrator.

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.

                           TITLE III--FUNDING

SEC. 301. FUNDING.

    (a) Authorization of Appropriations.--Except as otherwise provided 
in this Act, there are authorized to be appropriated such sums as are 
necessary to carry out this Act.
    (b) Emergency Designation.--Funds made available to carry out this 
Act by the transfer of funds in or pursuant to this section are 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress).
                                 <all>