[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4197 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4197

       To provide for the recovery, reclamation, restoration and 
reconstruction of lives and communities and for the reunion of families 
 devastated by Hurricane Katrina and to address the issues of poverty 
                     exposed by Hurricane Katrina.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 2, 2005

 Mr. Watt (for himself, Mr. Conyers, Mr. Rangel, Mr. Owens, Mr. Towns, 
Mr. Lewis of Georgia, Mr. Payne, Mr. Jefferson, Ms. Norton, Ms. Waters, 
 Mr. Bishop of Georgia, Ms. Corrine Brown of Florida, Mr. Clyburn, Mr. 
Hastings of Florida, Ms. Eddie Bernice Johnson of Texas, Mr. Rush, Mr. 
 Scott of Virginia, Mr. Wynn, Mr. Thompson of Mississippi, Mr. Fattah, 
   Ms. Jackson-Lee of Texas, Mr. Jackson of Illinois, Ms. Millender-
  McDonald, Mr. Cummings, Ms. Carson, Mrs. Christensen, Mr. Davis of 
Illinois, Mr. Ford, Ms. Kilpatrick of Michigan, Mr. Meeks of New York, 
    Ms. Lee, Mrs. Jones of Ohio, Mr. Clay, Ms. Watson, Mr. Davis of 
 Alabama, Mr. Meek of Florida, Mr. Scott of Georgia, Mr. Butterfield, 
  Ms. McKinney, Mr. Cleaver, Mr. Al Green of Texas, and Ms. Moore of 
  Wisconsin) introduced the following bill; which was referred to the 
 Committee on Ways and Means, and in addition to the Committees on the 
Judiciary, Financial Services, Energy and Commerce, Transportation and 
Infrastructure, Education and the Workforce, Small Business, Government 
 Reform, and Budget, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
       To provide for the recovery, reclamation, restoration and 
reconstruction of lives and communities and for the reunion of families 
 devastated by Hurricane Katrina and to address the issues of poverty 
                     exposed by Hurricane Katrina.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hurricane Katrina 
Recovery, Reclamation, Restoration, Reconstruction and Reunion Act of 
2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. General findings.
                    TITLE I--VICTIM RESTORATION FUND

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Purpose.
Sec. 104. Administration.
Sec. 105. Determination of eligibility for compensation.
Sec. 106. Payments to eligible individuals.
Sec. 107. Regulations.
                   TITLE II--ENVIRONMENTAL PROVISIONS

Sec. 201. Environmental findings.
Sec. 202. Comprehensive plan.
Sec. 203. Notification of public and professionals.
Sec. 204. Training for responders and clean-up workers.
Sec. 205. Public health assessment and monitoring.
Sec. 206. Independent review.
Sec. 207. Expiration.
                      TITLE III--HEALTH PROVISIONS

                     Subtitle A--Repair and Access

Sec. 301. Repair and disparities grants.
Sec. 302. Disaster relief Medicaid.
       Subtitle B--Temporary Assistance to Needy Families (TANF)

Sec. 311. Reimbursement of States for TANF benefits provided to assist 
                            families from other States affected by 
                            Hurricane Katrina.
Sec. 312. Increase in amount of additional TANF funds available for 
                            hurricane-damaged States.
Sec. 313. Rules for receipt of Hurricane Katrina Emergency TANF 
                            Benefits and application to child support 
                            requirements.
Sec. 314. Authority to use funds in individual development accounts for 
                            car ownership, maintenance and insurance.
                 Subtitle C--Unemployment Compensation

Sec. 321. Federal-State agreements.
Sec. 322. Requirements relating to regular compensation.
Sec. 323. Requirements relating to emergency extended unemployment 
                            compensation.
Sec. 324. Payments to States.
Sec. 325. Financing provisions.
Sec. 326. Definitions.
Sec. 327. Applicability.
                 Subtitle D--Health Insurance Coverage

Sec. 331. Temporary emergency health coverage assistance for businesses 
                            and individuals.
Sec. 332. Authority to postpone certain deadlines related to individual 
                            health coverage by reason of presidentially 
                            declared disaster or terroristic or 
                            military action.
               TITLE IV--HOUSING AND COMMUNITY REBUILDING

Sec. 401. Definitions.
Sec. 402. Public housing capital fund reserves for emergencies and 
                            natural disasters.
Sec. 403. HOPE VI program.
Sec. 404. HOME Investment Partnerships program.
Sec. 405. Community development block grant assistance.
Sec. 406. CDBG loan guarantee program.
Sec. 407. Youthbuild program.
Sec. 408. Capacity building for community development and affordable 
                            housing.
Sec. 409. Emergency rental assistance vouchers.
Sec. 410. Prohibition of placement of families in substandard dwelling 
                            units.
Sec. 411. Fair housing enforcement.
Sec. 412. Housing counseling for families in temporary shelters.
Sec. 413. Availability of HUD inventory properties.
Sec. 414. Hurricane Katrina mortgage protection fund.
Sec. 415. Housing priority for military personnel.
                     TITLE V--EDUCATION PROVISIONS

                     Subtitle A--General Provisions

Sec. 501. Definitions.
            Subtitle B--Early Childhood Programs Assistance

Part 1--Emergency Funding for Continuation of Services Under Child Care 
                and Development Block Grant Act of 1990

Sec. 511. Emergency assistance for services under Child Care and 
                            Development Block Grant Act of 1990.
Sec. 512. Authorization of appropriations.
   Part 2--Waiver Authority to Provide Services Under Child Care and 
                  Development Block Grant Act of 1990

Sec. 521. Waiver authority to expand the availability of services under 
                            Child Care and Development Block Grant Act 
                            of 1990.
Sec. 522. Authorization of appropriations.
   Part 3--Emergency Funding for Continuation of Head Start Services

Sec. 531. Emergency assistance for Head Start services.
Sec. 532. Authorization of appropriations.
        Part 4--Waiver Authority to Provide Head Start Services

Sec. 541. Waiver authority to expand the availability of Head Start 
                            services.
Sec. 542. Technical assistance, guidance, and resources.
        Subtitle C--Relief for Elementary and Secondary Schools

Sec. 551. Education and pupil services for elementary and secondary 
                            students relocated because of Hurricane 
                            Katrina.
Sec. 552. Immediate Aid to Restart Public School Operations.
Sec. 553. Grants for LEA's serving relocated children with 
                            disabilities.
Sec. 554. Assistance for homeless youth.
Sec. 555. Grants for activities at community learning centers.
Sec. 556. Grants for construction, modernization, or repair of school 
                            facilities.
Sec. 557. Katrina teachers incentive program.
Sec. 558. Expedited Applications for Teacher Recruitment Grants.
Sec. 559. Use of grant funds for major disasters.
        Subtitle D--Relief for Institutions of Higher Education

Sec. 561. Findings; Sense of Congress.
Sec. 562. Institutional Grants for Recruitment and Retention.
Sec. 563. Loan forgiveness.
Sec. 564. Regulations.
Sec. 565. Emergency designations.
Sec. 566. Definitions.
                        TITLE VI--VOTING RIGHTS

Sec. 601. Short title.
Sec. 602. Applicability of protections for absent military and overseas 
                            voters to Katrina evacuees.
Sec. 603. Grants to States for Restoring and Replacing Election 
                            Administration Supplies, Materials, and 
                            Equipment Damaged by Hurricane Katrina.
                TITLE VII--FINANCIAL SERVICES PROVISIONS

Sec. 701. Hurricane Katrina regulatory relief.
Sec. 702. Flexibility in capital and net worth standards for small 
                            affected institutions.
Sec. 703. Waiver of Federal Reserve Board fees for certain services.
Sec. 704. Waiver of certain limitation on certain bank investments to 
                            promote the public welfare.
Sec. 705. Emergency authority to guarantee checks cashed for victims of 
                            Hurricane Katrina.
Sec. 706. Technical assistance for minority institutions.
Sec. 707. Implementing Katrina disaster relief through the CDFI Fund.
     TITLE VIII--EXPANDED OPPORTUNITY AND SMALL BUSINESS PROVISIONS

                    Subtitle A--Expanded Opportunity

Sec. 801. Reinstatement of Davis-Bacon wage requirements.
Sec. 802. Increased procurement goal for certain Federal contracts for 
                            recovery from Hurricane Katrina.
Sec. 803. Local participation goal for participation in Federal 
                            procurement contracts in areas affected by 
                            Hurricane Katrina.
Sec. 804. Requirement for hurricane recovery-related contracts to 
                            require 40 percent of contract workers be 
                            local residents.
Sec. 805. Requirement for hurricane recovery-related contracts to 
                            include financial incentives for 
                            contractors to meet goals specified in the 
                            contracts.
Sec. 806. Apprenticeship and other requirements for post-hurricane 
                            reconstruction.
Sec. 807. Restatement of full application of statutory requirements of 
                            equal employment opportunity applicable to 
                            contracts and subcontracts to provide 
                            Hurricane Katrina relief.
          Subtitle B--Disaster Loans and Small Business Relief

Sec. 811. Definitions.
Sec. 812. Disaster loans after Hurricane Katrina.
Sec. 813. Nationwide disaster loans.
Sec. 814. Small business emergency relief.
Sec. 815. Authorization of appropriations for business counseling.
Sec. 816. Small business development centers.
Sec. 817. HUBZones.
Sec. 818. Small business bonding threshold.
Sec. 819. Loan defaults.
Sec. 820. Budgetary treatment of loans and financings.
Sec. 821. Emergency procurement authority.
                        TITLE IX--TAX PROVISIONS

Sec. 901. Home purchase by victims of Hurricane Katrina.
Sec. 902. Relief through low-income housing credit relating to 
                            Hurricane Katrina.
Sec. 903. Tax exempt bonds for qualified gulf coast recovery projects.
                          TITLE X--BANKRUPTCY

Sec. 1001. Short title.
Sec. 1002. Definitions; who may be a debtor.
Sec. 1003. Amendment to chapter 3.
Sec. 1004. Amendments to chapter 5.
Sec. 1005. Amendments to chapter 7.
Sec. 1006. Amendments to chapter 11.
Sec. 1007. Amendments to chapter 13.
Sec. 1008. Amendment to title 28 of the United States Code.
Sec. 1009. Effective date; application of amendments.
                        TITLE XI--MISCELLANEOUS

Sec. 1101. Reimbursements.
Sec. 1102. Temporary flood insurance buy-in program.
Sec. 1103. Protection of existing rights of military personnel.
                     TITLE XII--ERADICATING POVERTY

Sec. 1201. Findings.
Sec. 1202. Sense of Congress.

SEC. 2. GENERAL FINDINGS.

    The Congress finds that--
            (1) Hurricane Katrina devastated the lives of untold 
        numbers of people who resided, worked and did business in the 
        Gulf Coast area of the United States and exposed in graphic 
        terms the extent of poverty in the United States and how 
        poverty can make it impossible for people to respond in ways 
        necessary to protect their own interests, even in the face of 
        the most immediate and imminent danger; and
            (2) the President, the Congress and the people of the 
        United States want to make an unprecedented response to rebuild 
        the lives, homes, communities and businesses of those 
        devastated by Hurricane Katrina and to make a renewed and 
        sustained effort to eradicate poverty in the United States and 
        believe that the following provisions will contribute thereto.

                    TITLE I--VICTIM RESTORATION FUND

SEC. 101. SHORT TITLE.

     This title may be cited as the ``Hurricane Katrina Victim 
Restoration Fund of 2005''.

SEC. 102. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Claimant.--The term ``claimant'' means an individual 
        filing a claim for compensation under section 105(a)(1).
            (2) Collateral source.--The term ``collateral source'' 
        means all collateral sources, including life insurance, pension 
        funds, death benefit programs, and payments of Federal, State, 
        or local governments related to Hurricane Katrina if such 
        payments by Federal, State, or local governments are paid 
        directly to the claimant.
            (3) Economic loss.--The term ``economic loss'' means any 
        pecuniary loss resulting from harm (including the loss of 
        equity in assets, the loss of earnings or other benefits 
        related to employment, medical expense loss, replacement 
        services loss, loss due to death, burial costs, and loss of 
        business or employment opportunities).
            (4) Eligible individual.--The term ``eligible individual'' 
        means an individual determined to be eligible for compensation 
        under section 105(c).
            (5) Noneconomic losses.--The term ``noneconomic losses'' 
        means losses for physical and emotional pain, suffering, 
        inconvenience, physical impairment, mental anguish, 
        disfigurement, loss of enjoyment of life, loss of society and 
        companionship, loss of consortium (other than loss of domestic 
        service), hedonic damages, injury to reputation, and all other 
        nonpecuniary losses of any kind or nature available under the 
        laws of Alabama, Louisiana, or Mississippi to which the Special 
        Master determines the claimant has the most substantial 
        connection.
            (6) Special master.--The term ``Special Master'' means the 
        Special Master appointed under section 104(a).

SEC. 103. PURPOSE.

    It is the purpose of this title to provide compensation to any 
individual (or relatives of a deceased individual) who sustained 
economic or noneconomic losses as a result of Hurricane Katrina such 
that the individual (or relatives of a deceased individual) are 
restored as nearly as possible to their condition prior to Hurricane 
Katrina.

SEC. 104. ADMINISTRATION.

    (a) In General.--The Attorney General, acting through a Special 
Master appointed by the Attorney General, shall--
            (1) administer the compensation program established under 
        this title;
            (2) promulgate all procedural and substantive rules for the 
        administration of this title; and
            (3) employ and supervise hearing officers and other 
        administrative personnel to perform the duties of the Special 
        Master under this title.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to pay the administrative 
and support costs for the Special Master in carrying out this title.

SEC. 105. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.

    (a) Filing of Claim.--
            (1) In general.--A claimant may file a claim for 
        compensation under this title with the Special Master. The 
        claim shall be on the form developed under paragraph (2) and 
        shall state the factual basis for eligibility for compensation 
        and the amount of compensation sought.
            (2) Claim form.--
                    (A) In general.--The Special Master shall develop a 
                claim form that claimants shall use when submitting 
                claims under paragraph (1). The Special Master shall 
                ensure that such form can be filed electronically, if 
                determined to be practicable.
                    (B) Contents.--The form developed under 
                subparagraph (A) shall request--
                            (i) information from the claimant 
                        concerning the physical harm that the claimant 
                        suffered, or in the case of a claim filed on 
                        behalf of a decedent information confirming the 
                        decedent's death, as a result of Hurricane 
                        Katrina;
                            (ii) information from the claimant 
                        concerning any possible economic and 
                        noneconomic losses that the claimant suffered 
                        as a result of Hurricane Katrina; and
                            (iii) information regarding collateral 
                        sources of compensation the claimant has 
                        received or is entitled to receive as a result 
                        of Hurricane Katrina.
            (3) Limitation.--No claim may be filed under paragraph (1) 
        after the date that is 2 years after the date on which 
        regulations are promulgated under section 107.
    (b) Review and Determination.--
            (1) Review.--The Special Master shall review a claim 
        submitted under subsection (a) and determine--
                    (A) whether the claimant is an eligible individual 
                under subsection (c);
                    (B) with respect to a claimant determined to be an 
                eligible individual--
                            (i) the extent of the harm to the claimant, 
                        including any economic and noneconomic losses; 
                        and
                            (ii) the amount of compensation to which 
                        the claimant is entitled based on the harm to 
                        the claimant, the facts of the claim, and the 
                        individual circumstances of the claimant.
            (2) Negligence.--With respect to a claimant, the Special 
        Master shall not consider negligence or any other theory of 
        liability.
            (3) Determination.--Not later than 120 days after that date 
        on which a claim is filed under subsection (a), the Special 
        Master shall complete a review, make a determination, and 
        provide written notice to the claimant, with respect to the 
        matters that were the subject of the claim under review. Such a 
        determination shall be final and not subject to judicial 
        review.
            (4) Rights of claimant.--A claimant in a review under 
        paragraph (1) shall have--
                    (A) the right to be represented by an attorney;
                    (B) the right to present evidence, including the 
                presentation of witnesses and documents; and
                    (C) any other due process rights determined 
                appropriate by the Special Master.
            (5) No punitive damages.--The Special Master may not 
        include amounts for punitive damages in any compensation paid 
        under a claim under this title.
            (6) Collateral compensation.--The Special Master shall 
        reduce the amount of compensation determined under paragraph 
        (1)(B)(ii) by the amount of the collateral source compensation 
        the claimant has received or is entitled to receive as a result 
        of Hurricane Katrina.
    (c) Eligibility.--
            (1) In general.--A claimant shall be determined to be an 
        eligible individual for purposes of this subsection if the 
        Special Master determines that such claimant--
                    (A) is an individual described in paragraph (2); 
                and
                    (B) meets the requirements of paragraph (3).
            (2) Individuals.--A claimant is an individual described in 
        this paragraph if the claimant is--
                    (A) an individual who--
                            (i) was present or had assets present in 
                        Alabama, Louisiana or Mississippi at the time, 
                        or in the immediate aftermath of Hurricane 
                        Katrina; and
                            (ii) suffered physical harm, death, 
                        economic or noneconomic losses; or
                    (B) in the case of a decedent who is an individual 
                described in subparagraph (A), the personal 
                representative of the decedent who files a claim on 
                behalf of the decedent.
            (3) Requirements.--
                    (A) Single claim.--Not more than one claim may be 
                submitted under this title by an individual or on 
                behalf of a deceased individual.
                    (B) Limitation on civil action.--
                            (i) In general.--Upon the submission of a 
                        claim under this title, the claimant waives the 
                        right to file a civil action (or to be a party 
                        to an action) in any Federal or State court for 
                        damages sustained as a result of Hurricane 
                        Katrina. The preceding sentence does not apply 
                        to a civil action to recover collateral source 
                        obligations.
                            (ii) Pending actions.--In the case of an 
                        individual who is a party to a civil action 
                        described in clause (i), such individual may 
                        not submit a claim under this title unless such 
                        individual withdraws from such action by the 
                        date that is 90 days after the date on which 
                        regulations are promulgated under section 322.

SEC. 106. PAYMENTS TO ELIGIBLE INDIVIDUALS.

    (a) In General.--Not later than 20 days after the date on which a 
determination is made by the Special Master regarding the amount of 
compensation due a claimant under this title, the Special Master shall 
authorize payment to such claimant of the amount determined with 
respect to the claimant.
    (b) Payment Authority.--This title constitutes budget authority in 
advance of appropriations Acts and represents the obligation of the 
Federal Government to provide for the payment of amounts for 
compensation under this title.
    (c) Additional Funding.--
            (1) In general.--The Attorney General is authorized to 
        accept such amounts as may be contributed by individuals, 
        business concerns, or other entities to carry out this title, 
        under such terms and conditions as the Attorney General may 
        impose.
            (2) Use of separate account.--In making payments under this 
        section, amounts contained in any account containing funds 
        provided under paragraph (1) shall be used prior to using 
        appropriated amounts.

SEC. 107. REGULATIONS.

     Not later than 90 days after the date of enactment of this Act, 
the Attorney General, in consultation with the Special Master, shall 
promulgate regulations to carry out this title, including regulations 
with respect to--
            (1) forms to be used in submitting claims under this title;
            (2) the information to be included in such forms;
            (3) procedures for hearing and the presentation of 
        evidence;
            (4) procedures to assist an individual in filing and 
        pursuing claims under this title; and
            (5) other matters determined appropriate by the Attorney 
        General.

                   TITLE II--ENVIRONMENTAL PROVISIONS

SEC. 201. ENVIRONMENTAL FINDINGS.

    The Congress finds that--
            (1) Hurricane Katrina demonstrated the connection between 
        the health and safety of communities and the health of natural 
        resources;
            (2) many of the hardest hit areas in New Orleans and the 
        Gulf Coast from Hurricane Katrina were low-income and minority 
        communities already facing decades of environmental injustices;
            (3) the United States Coast Guard reported more than 7 
        million gallons of oil and between 1 and 2 million gallons of 
        gasoline from plants and depots in southeast Louisiana were 
        spilled as a result of Hurricane Katrina;
            (4) Hurricane Katrina struck 466 facilities handling large 
        quantities of dangerous chemicals, 31 hazardous waste sites 
        along the Gulf Coast, and 16 superfund toxic waste sites, 3 of 
        which were flooded, being in the environs of the City of New 
        Orleans;
            (5) the flooded Superfund sites in Louisiana and 
        Mississippi contained contaminants that include heavy metals 
        associated with developmental problems and increased risk of 
        cancer, and polycyclic aromatic hydrocarbons, which are known 
        carcinogens;
            (6) spills of oil and other toxic chemicals pose a 
        particularly serious public health threat when they dry and 
        become airborne as invisible, breathable particulates;
            (7) Hurricane Katrina initially destroyed or compromised 
        170 drinking water facilities and 47 public owned wastewater 
        treatment works along the affected Gulf Coast region;
            (8) New Orleans hosts several Level-3 biolabs, including a 
        bioweapons research lab at Tulane University, which pose a 
        major public health risk should any research pathogens have 
        escaped into the environment as a result of the hurricane and 
        resultant flooding and power outages; and
            (9) residents of New Orleans and the affected Gulf Coast 
        areas have demonstrated their desire and determination to 
        return to their homes and, in order to enable them to do so, a 
        comprehensive plan is needed.

SEC. 202. COMPREHENSIVE PLAN.

    (a) In General.--
            (1) Planning.--In order to protect the health and safety of 
        the people of the Gulf Coast regions devastated by Hurricane 
        Katrina, the Administrator of the Environmental Protection 
        Agency (hereinafter in this title referred to as the 
        ``Administrator'') , in consultation with the Governor of any 
        affected State, shall develop a Comprehensive Environmental 
        Sampling and Toxicity Assessment Plan (hereinafter in this 
        title referred to as the ``CESTAP'') to determine the immediate 
        and long-term hazards posed by exposure to toxins and 
        infectious materials released into the environment as a result 
        of Hurricane Katrina and resultant flooding.
            (2) Comprehensive testing.--By sampling and analysis of the 
        soil, water, air and human populations in order to determine 
        the presence, volume, and potential distribution vectors of 
        hazardous toxins and infectious materials.
            (3) Aggregation and notification.--The data collected shall 
        be aggregated to identify environmental ``hot spots,'' known 
        and potential toxic threats and public health trends.
                    (A) The results should be used to alert State and 
                local officials, including health and public safety 
                officials.
                    (B) The results should also be made available to 
                the public and used in a public information campaign to 
                aggressively distribute information about public safety 
                threats to the public.
            (4) First line of defense.--In light of the high potential 
        for a public health disaster under circumstances of multiple 
        releases of toxic and hazardous substances into the environment 
        and complex mixing of such materials in floodwaters, the 
        Administrator shall set up the first line of defense against 
        immediate and long-term threats to public safety by ensuring 
        that all existing Federal and State environmental and work 
        safety standards are diligently observed.
            (5) Coordination.--The CESTAP shall encompass and be 
        coordinated with existing sampling and assessment efforts by 
        Federal and State agencies. In light of the scope and types of 
        testing necessary, the multiple regions affected and the 
        pressing need for haste, the Administrator shall utilize the 
        work of independent, professional researchers with established 
        credentials. Such work of citizen researchers, motivated by the 
        same desire as the government to protect their fellow citizens 
        from harm, shall be utilized by government officials in 
        identifying the most hazardous geographic sites and potential 
        public health emergencies.
    (b) Notice to Congress.--
            (1) Initial notice.--Not later than 30 days after the date 
        of the enactment of this Act, the Administrator shall submit to 
        the Committees on Transportation and Infrastructure and Energy 
        and Commerce of the House of Representatives and the Committee 
        on Environment and Public Works of the Senate an initial draft 
        of the CESTAP, together with a progress report on the current 
        state of the environmental testing, assessment, clean-up and 
        public safety efforts in the hurricane-devastated regions of 
        the Gulf Coast.
            (2) Subsequent notifications.--Not later than 30 days after 
        the date on which the Administrator submits the initial plan 
        and progress report under paragraph (1), and every 30 days 
        thereafter, the Administrator shall submit to such committees a 
        subsequent progress report, covering--
                    (A) sampling and toxicity assessment results on a 
                region-by-region basis;
                    (B) ongoing and revised planning for notifying 
                potentially affected populations and providing proper 
                training and equipment for handling hazardous 
                substances; and
                    (C) results of public health assessment and 
                monitoring studies, including any reports indicating 
                illnesses possibly resulting from exposure to toxins 
                released in Hurricane Katrina or local epidemics or 
                outbreaks of disease from contagions.
    (c) Annual Review.--No later than 1 year after the date of the 
enactment of this Act, the Administrator shall submit to the committees 
referred to in subsection (b) a report describing--
            (1) the known and potential threats to public health and 
        safety, immediate and long-term, identified under the CESTAP;
            (2) details of efforts to inform and alert the public and 
        government officials of identified threats and evaluation of 
        their effectiveness;
            (3) results of efforts to ensure the safety of responders 
        and clean-up crews and evaluation of their effectiveness;
            (4) results of immediate intervention and on-going 
        monitoring of public health, including the health of 
        responders, clean-up crews and government officials present in 
        affected areas and evaluation of their effectiveness;
            (5) an overall assessment of--
                    (A) how the threat to public health has been 
                managed;
                    (B) what threats to public health still remain; and
                    (C) what existing programs must continue in order 
                to address remaining threats; and
            (6) additional recommendations for action on problems that 
        have not yet been addressed or have not adequately been 
        addressed.
    (d) Zoning.--
            (1) Right of return.--The Department of Homeland Security, 
        the Federal Emergency Management Agency and the Environmental 
        Protection Agency shall allow residents to return to their 
        homes and claim their property and to assist them in doing so 
        and in handling the relief and rehabilitation efforts in the 
        Gulf region shall be guided by this principle.
            (2) Right to know the risks.--At the same time, Federal and 
        State shall inform the hurricane survivors about the known and 
        possible health risks they may face upon returning to their 
        domiciles, as well how they can best protect themselves and 
        where they can obtain the necessary equipment and materials to 
        do so, and shall prevent residents from returning to areas 
        where the health risks are too severe.
            (3) Standards.--Principles (1) and (2) above must be 
        balanced against one another and the Administrator shall play 
        the lead role in setting safety standards to help bring concert 
        to the work of various Federal, State and local officials to 
        determine which areas remain too unsafe to allow residents to 
        return. In doing so, the Administrator shall have the authority 
        to define zones of safety, including--
                    (A) ``keep out'' zones that remain unsafe for 
                residents to return, even where other agencies have 
                declared them safe from flooding or hazardous debris 
                such as downed power lines;
                    (B) ``at your own risk'' zones where safety risks 
                are uncertain, or can be controlled with proper 
                information and equipment (where said information and 
                equipment is made available to residents); and
                    (C) ``low risk'' zones where the risk level is 
                considered minimal, but where residents and visitors 
                are nevertheless provided with information on what 
                risks do exist and what measures they can take to 
                minimize them.
            (4) Compensation.--Residents whose homes or businesses have 
        been destroyed or terminally compromised or who face an 
        indefinite waiting period before being allowed to reclaim their 
        property shall be offered the choice of alternative land and/or 
        housing as compensation.
            (5) Safety over speculation.--The government's obligations 
        defined in principles (1) and (2) above do not apply in the 
        same way to private interests such as land speculators who are 
        not in the condition of having no home to return to.
            (6) Inspection and certification.--The government must 
        protect the public and consumers from immediate and long-term 
        health risks by requiring those public and private buyers of 
        property in potentially contaminated areas who possessed no 
        title to said land prior to the hurricane, to obtain 
        certification of a comprehensive inspection for environmental 
        quality, public health safety as well as compliance with local 
        historical preservation laws prior to commencement of new 
        construction or re-sale of real estate. The Administrator shall 
        determine areas subject by this clause and shall work with the 
        Centers for Disease Control and Prevention as well as State, 
        local and community governments to establish inspection and 
        certification procedures.
            (7) Inspection procedures.--The Administrator shall develop 
        standards for such inspection procedures, in cooperation with 
        State and local officials, including local health and public 
        safety agencies. These standards are to be included in the 
        overall CESTAP provided under this section.

SEC. 203. NOTIFICATION OF PUBLIC AND PROFESSIONALS.

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

SEC. 204. TRAINING FOR RESPONDERS AND CLEAN-UP WORKERS.

    (a) Planning and Execution.--
            (1) Responders health and safety plan.--The CESTAP shall 
        contain a program designed to protect the health and safety of 
        responders and clean-up crews specifically in relation to toxic 
        and infectious materials.
            (2) Inter-agency coordination.--The Administrator shall 
        coordinate this program with the following agencies:
                    (A) the Occupational Safety and Health 
                Administration, which is responsible for ensuring the 
                health and safety of disaster responders and clean-up 
                crews in cooperation with Federal, State, and local 
                officials and private sector organizations;
                    (B) the Department of Labor, which is responsible 
                for coordinating a response plan to address worker 
                health and safety issues; and
                    (C) the National Institute of Occupational Safety 
                and Health, which should be ready to provide health and 
                safety training to responders and clean-up crews.
            (3) Authority of administrator.--The Administrator shall 
        have authority to involve and use the resources of these 
        agencies to achieve the goals here set out.
    (b) Emergency Training.--The Administrator shall include in the 
CESTAP, guidelines to ensure that--
            (1) worksites and areas where responders and clean-up crews 
        are to be sent are subject to a full environmental assessment 
        and identification of hazards through onsite evaluation and 
        monitoring and identification of workers likely to be facing 
        high risk of hazardous exposures;
            (2) relief, reconstruction and clean-up workers of all 
        contributing agencies--
                    (A) are properly informed of the environmental 
                hazards they may face in their work;
                    (B) are provided proper training in handling toxic 
                materials;
                    (C) are provided with the proper protective 
                equipment (such as respirators to protect against 
                airborne toxins), and guidelines and training for using 
                them; and
                    (D) receive proper immunizations, where necessary 
                and appropriate;
            (3) mechanisms are in place to provide equal protection 
        from environmental and health hazards to State and local public 
        employees not covered by regulations of the Occupational Safety 
        and Health Administration; and
            (4) these efforts are coordinated in close collaboration 
        with local employers, unions and safety and health 
        professionals.
    (c) Hiring Policy.--The Administrator shall ensure that qualified 
residents returning to New Orleans and hurricane-affected areas, and 
who are faced with the job loss are given priority in new hirings for 
positions involved in ongoing sampling and assessment of the 
environment.

SEC. 205. PUBLIC HEALTH ASSESSMENT AND MONITORING.

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

SEC. 206. INDEPENDENT REVIEW.

    (a) Independent Advisory and Review Panel.--In order to ensure 
maximum consonance with efforts of residents of affected areas and 
cities to rebuild their homes, businesses and communities, the 
Administrator shall establish an Independent Advisory and Review Panel 
(IARP), comprised of--
            (1) professionals who can share expert scientific and 
        environmental knowledge with the Administrator and officials 
        involved in carrying out the CESTAP;
            (2) respected community leaders capable of providing to the 
        Administrator and officials involved in carrying out the CESTAP 
        first-hand knowledge of--
                    (A) State, local and community resources and 
                organizational capacities;
                    (B) existing plans and efforts by State and local 
                communities to rebuild their communities as well as to 
                deal with discovered toxic and infectious hazardous 
                materials; and
                    (C) the priorities and concerns of affected 
                populations;
            (3) officials from State and local government; and
            (4) State and local public health and safety officials.
    (b) Nominations.--Nominations for the IARP shall be solicited 
from--
            (1) local and national scientific and environmental 
        nongovernmental organizations;
            (2) civic bodies and community organizations in the 
        affected cities, States, and regions;
            (3) State, local and community government bodies.
    (c) Periodic Review.--The IARP shall issue periodic reports no less 
frequently than quarterly, assessing the progress of the CESTAP, with 
specific reference to--
            (1) previous or on-going threats to public health that the 
        CESTAP failed to identify or to adequately address;
            (2) the effectiveness of efforts under CESTAP to protect 
        residents, responders and clean-up workers through providing 
        information, training and safety equipment; and
            (3) implementation of the CESTAP in coordination with 
        State, local and community government and nongovermental 
        bodies, including suggestions for further improvement.

SEC. 207. EXPIRATION.

     Unless otherwise extended by law, this title and the CESTAP shall 
cease to apply upon completion of the Administrator's fifth annual 
report to Congress.

                      TITLE III--HEALTH PROVISIONS

                     Subtitle A--Repair and Access

SEC. 301. REPAIR AND DISPARITIES GRANTS.

    (a) Construction and Repair Grants .--The Secretary of Health and 
Human Services (in this section referred to as the ``Secretary'') shall 
make grants to public health facilities and loans to private health 
facilities, for the purpose of constructing, modernizing, or repairing 
hospitals, clinics, health centers, laboratories, and other health 
facilities in a Hurricane Katrina disaster area damaged as a result of 
Hurricane Katrina for--
            (1) construction of hospitals, clinics, health centers, 
        laboratories, mental health and substance abuse facilities that 
        meet the standards of the Joint Commission on the Accreditation 
        of Healthcare Organizations (JCAHO);
            (2) repair or modernization of such public or private 
        hospitals or public facilities as provide health care or health 
        related services; and
            (3) to bring hospitals and public health facilities in 
        compliance with such JCAHO standards and requirements of the 
        Centers for Medicare & Medicaid Services.
    (b) Health Disparity Grants.--The Secretary, acting through the 
Administrator of the Health and Human Resources Administration and the 
Director of the Office of Minority Health, and in consultation with the 
Director of the Office of Community Services and the Director of the 
National Center for Minority Health and Health Disparities, shall make 
grants to assist individuals, hospitals, businesses, schools, minority 
health associations, non-profit organizations, community-based 
organizations, healthcare clinics, foundations, and other entities in 
communities in a Hurricane Katrina disaster area and that 
disproportionately experience disparities in health status and 
healthcare which are seeking--
            (1) to improve the health of minority individuals in the 
        community and to reduce disparities in health status and 
        healthcare by assisting individuals in accessing Federal 
        programs or by other means; and
            (2) to coordinate the efforts of governmental and private 
        entities regarding the elimination of racial and ethnic health 
        status and healthcare.
    (c) Application.--To obtain a grant under this section, an 
applicant shall submit to the Secretary an application in such form and 
in such manner as the Secretary may require. An application for a grant 
under--
            (1) subsection (a) shall describe, with such specificity as 
        the Secretary shall require, the damage sustained as a result 
        of Hurricane Katrina and the steps proposed to address the 
        damage; and
            (2) subsection (b) shall demonstrate that the communities 
        to be served are those that disproportionately experience 
        disparities in health status and healthcare and shall set forth 
        a strategic plan for reducing those disparities by--
                    (A) describing the coordinated health, economic, 
                human, community, and physical development plan and 
                related activities proposed for the community;
                    (B) identifying the projected amount of Federal, 
                State, local and private resources that will be 
                available in the area and the private and public 
                partnerships to be used (including any participation by 
                or cooperation with universities, colleges, 
                foundations, non-profit organizations, medical centers, 
                hospitals, health clinics, school districts, or other 
                private and public entities);
                    (C) identifying the funding requested under any 
                Federal program in support of the proposed activities;
                    (D) identifying benchmarks for measuring the 
                success of carrying out the strategic plan;
                    (E) demonstrating the ability to reach and service 
                the targeted underserved minority community populations 
                in a culturally appropriate and linguistically 
                responsive manner; and
                    (F) demonstrating a capacity and infrastructure to 
                provide long-term community response that is culturally 
                appropriate and linguistically responsive to 
                communities that disproportionately experience 
                disparities in health and healthcare.
    (d) Definition.--For purposes of this section, the term ``Hurricane 
Katrina disaster area'' means an area which the President has 
designated as a disaster area as a result of Hurricane Katrina of 
August 2005.
    (e) Authorization of Appropriation .--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2006 through 2010.

SEC. 302. DISASTER RELIEF MEDICAID.

    (a) Authority to Provide Disaster Relief Medicaid.--Notwithstanding 
any provision of title XIX of the Social Security Act, a State shall, 
as a condition of participation in the Medicaid program established 
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), 
provide medical assistance to DRM-eligible Katrina Survivors (as 
defined in subsection (b)) under a State Medicaid plan established 
under such title during the disaster relief Medicaid coverage period in 
accordance with the following provisions of this section and without 
submitting an amendment to the State Medicaid plan. Such assistance 
shall be referred to as ``Disaster Relief Medicaid Assistance (DRM 
assistance)''.
    (b) DRM-Eligible Katrina Survivor Defined.--
            (1) In general.--In this section, the term ``DRM-eligible 
        Katrina Survivor'' means a Katrina Survivor whose family income 
        does not exceed the higher of--
                    (A) 100 percent (200 percent, in the case of such a 
                Survivor who is a pregnant woman, child, or a recipient 
                of disability benefits under section 223 of the Social 
                Security Act) of the poverty line; or
                    (B) the income eligibility standard which would 
                apply to the Survivor under the State Medicaid plan.
            (2) No resources, residency, or categorical eligibility 
        requirements.--Eligibility under paragraph (1) shall be 
        determined without application of any resources test, State 
        residency, or categorical eligibility requirements.
            (3) Income determination.--
                    (A) Least restrictive income methodologies.--The 
                State shall use the least restrictive methodologies 
                applied under the State Medicaid plan under section 
                1902(r)(2) of the Social Security Act (42 U.S.C. 
                1396a(r)(2)) in determining income eligibility for 
                Katrina Survivors under paragraph (1).
                    (B) Disregard of ui benefits.--In determining such 
                income eligibility, the State shall disregard any 
                amount received under a law of the United States or of 
                a State which is in the nature of unemployment 
                compensation by a Katrina Survivor during the DRM 
                coverage period.
            (4) Definition of child.--For purposes of paragraph (1), a 
        DRM-eligible Katrina Survivor shall be determined to be a 
        ``child'' in accordance with the definition of ``child'' under 
        the State Medicaid plan.
    (c) Eligibility Determination; No Continuation of DRM Assistance.--
            (1) Streamlined eligibility process.--The State shall use 
        the following streamlined procedures in processing applications 
        and determining eligibility for DRM assistance for DRM-eligible 
        Katrina Survivors:
                    (A) A common 1-page application form developed by 
                the Secretary of Health and Human Services in 
                consultation with the National Association of State 
                Medicaid Directors. Such form shall--
                            (i) require an applicant to provide an 
                        expected address for the duration of the DRM 
                        coverage period and to agree to update that 
                        information if it changes during such period;
                            (ii) include notice regarding the penalties 
                        for making a fraudulent application under 
                        subsection (h);
                            (iii) require the applicant to assign to 
                        the State any rights of the applicant (or any 
                        other person who is a DRM-eligible Katrina 
                        Survivor and on whose behalf the applicant has 
                        the legal authority to execute an assignment of 
                        such rights) under any group health plan or 
                        other third-party coverage for health care; and
                            (iv) require the applicant to list any 
                        health insurance coverage which the applicant 
                        was enrolled in immediately prior to submitting 
                        such application.
                    (B) Self-attestation by the applicant that the 
                applicant--
                            (i) is a DRM-eligible Katrina Survivor; and
                            (ii) if applicable, requires home and 
                        community-based services provided under such 
                        DRM assistance in accordance with subsection 
                        (d)(3).
                    (C) No requirement for documentation evidencing the 
                basis on which the applicant qualifies to be a DRM-
                eligible Katrina Survivor or, if applicable, requires 
                home and community-based services.
                    (D) Issuance of a DRM assistance eligibility card 
                to an applicant who completes such application, 
                including the self-attestation required under 
                subparagraph (B). Such card shall be valid as long as 
                the DRM coverage period is in effect and shall be 
                accompanied by notice of the termination date for the 
                DRM coverage period and, if applicable, notice that 
                such termination date may be extended. If the President 
                extends the DRM coverage period, the State shall notify 
                DRM-eligible Katrina Survivors enrolled in DRM 
                assistance of the new termination date for the DRM 
                coverage period.
                    (E) If an applicant completes the application and 
                presents it to a provider or facility participating in 
                the State Medicaid plan that is qualified to make 
                presumptive eligibility determinations under such plan 
                (which at a minimum shall consist of facilities 
                identified in section 1902(a)(55) of the Social 
                Security Act (42 U.S.C. 1396a(a)(55)) and it appears to 
                the provider that the applicant is a DRM-eligible 
                Katrina Survivor based on the information in the 
                application, the applicant will be deemed to be a DRM-
                eligible Katrina Survivor eligible for DRM assistance 
                in accordance with this section, subject to subsection 
                (g).
                    (F) Continuous eligibility, without the need for 
                any re-determination of eligibility, for the duration 
                of the DRM coverage period.
            (2) No continuation of drm assistance.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) and (C), no DRM assistance shall be 
                provided after the end of the DRM coverage period.
                    (B) Presumptive eligibility.--In the case of any 
                DRM-eligible Katrina Survivor who is receiving DRM 
                assistance from a State in accordance with this section 
                and who, as of the end of the DRM coverage period, has 
                an application pending for medical assistance under the 
                State Medicaid plan for periods beginning after the end 
                of such period, the State shall provide such Survivor 
                with a period of presumptive eligibility for medical 
                assistance under the State Medicaid plan (not to exceed 
                60 days) until a determination with respect to the 
                Survivor's application has been made.
                    (C) Pregnant women.--In the case of a DRM-eligible 
                Katrina Survivor who is receiving DRM assistance from a 
                State in accordance with this section and whose 
                pregnancy ended during the 60-day period prior to the 
                end of the DRM coverage period, or who is pregnant as 
                of the end of such period, such Survivor shall continue 
                to be eligible for DRM assistance after the end of the 
                DRM coverage period, including (but not limited to) for 
                all pregnancy-related and postpartum medical assistance 
                available under the State Medicaid plan, through the 
                end of the month in which the 60-day period (beginning 
                on the last day of her pregnancy) ends.
            (3) Treatment of katrina survivors provided assistance 
        prior to date of enactment.--Any Katrina Survivor who is 
        provided medical assistance under a State Medicaid plan in 
        accordance with guidance from the Secretary during the period 
        that begins on August 28, 2005, and ends on the date of 
        enactment of this Act shall be treated as a DRM-eligible 
        Katrina Survivor, without the need to file an additional 
        application, for purposes of eligibility for DRM assistance 
        under this section.
    (d) Scope of Coverage.--
            (1) Categorically needy benefits.--The State shall treat a 
        DRM-eligible Katrina Survivor as an individual eligible for 
        medical assistance under the State plan under title XIX of the 
        Social Security Act on the basis of section 1902(a)(10)(A)(i) 
        of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)), with 
        coverage for such assistance retroactive to items and services 
        furnished on or after August 28, 2005 (or in the case of 
        applications for DRM assistance submitted after January 1 2006, 
        the first day of the 5th month preceding the date on which such 
        application is submitted).
            (2) Extended mental health and care coordination 
        benefits.--The State may provide, without regard to any 
        restrictions on amount, duration, and scope, comparability, or 
        restrictions otherwise applicable under the State medicaid plan 
        (other than restrictions applicable under such plan with 
        respect to services provided in an institution for mental 
        diseases), to DRM-eligible Katrina Survivors extended mental 
        health and care coordination benefits which may include the 
        following:
                    (A) Screening, assessment, and diagnostic services 
                (including specialized assessments for individuals with 
                cognitive impairments).
                    (B) Coverage for a full range of mental health 
                medications at the dosages and frequencies prescribed 
                by health professionals for depression, post-traumatic 
                stress disorder, and other mental disorders.
                    (C) Treatment of alcohol and substance abuse 
                determined to result from circumstances related to 
                Hurricane Katrina.
                    (D) Psychotherapy, rehabilitation and other 
                treatments administered by psychiatrists, 
                psychologists, or social workers for conditions 
                exacerbated by, or resulting from, Hurricane Katrina.
                    (E) In-patient mental health care.
                    (F) Family counseling for families where a member 
                of the immediate family is a Katrina Survivor or first 
                responder to Hurricane Katrina or includes an 
                individual who has died as a result of Hurricane 
                Katrina.
                    (G) In connection with the provision of health and 
                long-term care services, arranging for, (and when 
                necessary, enrollment in waiver programs or other 
                specialized programs), and coordination related to, 
                primary and specialty medical care, which may include 
                personal care services, durable medical equipment and 
                supplies, assistive technology, and transportation.
            (3) Home and community-based services.--
                    (A) In general.--In the case of a State with a 
                waiver to provide home and community-based services 
                granted under section 1115 of the Social Security Act 
                or under subsection (c) or (d) of section 1915 of such 
                Act, the State may provide such services to DRM-
                eligible Katrina Survivors who self-attest in 
                accordance with subsection (c)(1)(B)(ii) that they 
                require immediate home and community-based services 
                that are available under such waiver without regard to 
                whether the Survivors would require the level of care 
                provided in a hospital, nursing facility, or 
                intermediate care facility for the mentally retarded, 
                including to DRM-eligible Katrina Survivors who are 
                individuals described in subparagraph (B).
                    (B) Individuals described.--Individuals described 
                in this subparagraph are individuals who--
                            (i) on any day during the week preceding 
                        August 28, 2005--
                                    (I) had been receiving home and 
                                community-based services under a waiver 
                                described in subparagraph (A) in a 
                                direct impact parish or county;
                                    (II) had been receiving support 
                                services from a primary family 
                                caregiver who, as a result of Hurricane 
                                Katrina, is no longer available to 
                                provide services; or
                                    (III) had been receiving personal 
                                care, home health, or rehabilitative 
                                services under the State Medicaid plan 
                                or under a waiver granted under section 
                                1915 or 1115 of the Social Security 
                                Act; or
                            (ii) are disabled (as determined under the 
                        State Medicaid plan).
                    (C) Waiver of restrictions.--The Secretary shall 
                waive with respect to the provision of home and 
                community-based services under this paragraph any 
                limitations on--
                            (i) the number of individuals who shall 
                        receive home or community-based services under 
                        a waiver described in subparagraph (A);
                            (ii) budget neutrality requirements 
                        applicable to such waiver; and
                            (iii) targeted populations eligible for 
                        services under such waiver.
                The Secretary may waive other restrictions applicable 
                under such a waiver, that would prevent a State from 
                providing home and community-based services in 
                accordance with this paragraph.
            (4) Children born to pregnant women.--In the case of a 
        child born to a DRM-eligible Katrina Survivor who is provided 
        DRM assistance during the DRM coverage period, such child shall 
        be treated as having been born to a pregnant woman eligible for 
        medical assistance under the State Medicaid plan and shall be 
        eligible for medical assistance under such plan in accordance 
        with section 1902(e)(4) of the Social Security Act (42 U.S.C. 
        1396a(e)(4)). The Federal medical assistance percentage 
        applicable to the State Medicaid plan shall apply to medical 
        assistance provided to a child under such plan in accordance 
        with the preceding sentence.
    (e) Termination of Coverage; Assistance With Applying for Regular 
Medicaid Coverage.--
            (1) Notice of expected termination of drm coverage 
        period.--A State shall provide DRM-eligible Katrina Survivors 
        who are receiving DRM assistance from the State in accordance 
        with this section, as of the beginning of the 4th month (and, 
        if applicable, 9th month) of the DRM coverage period with--
                    (A) notice of the expected termination date for DRM 
                assistance for such period;
                    (B) information regarding eligibility for medical 
                assistance under the State's eligibility rules 
                otherwise applicable under the State medicaid plan; and
                    (C) an application for such assistance and 
                information regarding where to obtain assistance with 
                completing such application in accordance with 
                paragraph (2).
            (2) Application assistance.--A State shall provide DRM-
        eligible Katrina Survivors who are receiving DRM assistance 
        from the State in accordance with this section with assistance 
        in applying for medical assistance under the State medicaid 
        plan for periods beginning after the end of the DRM coverage 
        period, at State Medicaid offices and at locations easily 
        accessible to such Survivors.
            (3) State reports.--A State providing DRM assistance in 
        accordance with this section shall submit to the Secretary the 
        following reports:
                    (A) Termination and transition assistance to 
                regular medicaid coverage for drm-eligible katrina 
                survivors eligible for such assistance.--A report 
                detailing how the State intends to satisfy the 
                requirements of paragraphs (1) and (2).
                    (B) Enrollment.--Reports regarding--
                            (i) the number of Katrina Survivors who are 
                        determined to be DRM-eligible Katrina 
                        Survivors; and
                            (ii) the number of DRM-eligible Katrina 
                        Survivors who are determined to be eligible 
                        for, and enrolled in, the State Medicaid plan.
            (4) Secretarial oversight.--The Secretary of Health and 
        Human Services shall ensure that a State is complying with the 
        requirements of paragraphs (1) and (2) and that applications 
        for medical assistance under the State Medicaid plan from DRM-
        eligible Katrina Survivors for periods beginning after the end 
        of the DRM coverage period are processed in a timely and 
        appropriate manner.
            (5) No private right of action against a state for failure 
        to provide notice.--No private right of action shall be brought 
        against a State for failure to provide the notices required 
        under paragraph (1) or subsection (c)(1) so long as the State 
        makes a good faith effort to provide such notices.
    (f) 100 Percent Federal Matching Payments.--
            (1) In general.--Notwithstanding section 1905(b) of the 
        Social Security Act (42 U.S.C. 1396d(b), the Federal medical 
        assistance percentage or the Federal matching rate otherwise 
        applied under section 1903(a) of such Act (42 U.S.C. 1396b(a)) 
        shall be 100 percent for--
                    (A) providing DRM assistance to DRM-eligible 
                Katrina Survivors during the DRM coverage period in 
                accordance with this section;
                    (B) costs directly attributable to administrative 
                activities related to the provision of such DRM 
                assistance, including costs attributable to obtaining 
                recoveries under subsection (h);
                    (C) costs directly attributable to providing 
                application assistance in accordance with subsection 
                (e)(2); and
                    (D) DRM assistance provided in accordance with 
                subparagraph (B) or (C) of subsection (c)(2) after the 
                end of the DRM coverage period.
            (2) Disregard of payments.--Payments provided to a State in 
        accordance with this subsection shall be disregarded for 
        purposes of applying subsections (f) and (g) of section 1108 of 
        the Social Security Act (42 U.S.C. 1308).
    (g) Verification of Status as a Katrina Survivor.--
            (1) In general.--The State shall make a good faith effort 
        to verify the status of an individual who is enrolled in the 
        State Medicaid plan as a DRM-eligible Katrina Survivor under 
        the provisions of this section. Such effort shall not delay the 
        determination of the eligibility of the Survivor for DRM 
        assistance under this section.
            (2) Evidence of verification.--A State may satisfy the 
        verification requirement under subparagraph (A) with respect to 
        an individual by showing that the State providing DRM 
        assistance obtained information from the Social Security 
        Administration, the Internal Revenue Service, or the State 
        Medicaid Agency for the State from which individual is from (if 
        the individual was not a resident of such State on any day 
        during the week preceding August 28, 2005).
    (h) Penalty for Fraudulent Applications.--
            (1) Individual liable for costs.--If a State, as the result 
        of verification activities conducted under subsection (g) or 
        otherwise, determines after a fair hearing that an individual 
        has knowingly made a false self-attestation described in 
        subsection (c)(1)(B), the State may, subject to paragraph (2), 
        seek recovery from the individual for the full amount of the 
        cost of DRM assistance provided to the individual under this 
        section.
            (2) Exception.--The Secretary shall exempt a State from 
        seeking recovery under paragraph (1) if the Secretary 
        determines that it would not be cost-effective for the State to 
        do so.
            (3) Reimbursement to the federal government.--Any amounts 
        recovered by a State in accordance with this subsection shall 
        be returned to the Federal government.
    (i) Exemption From Error Rate Penalties.--All payments attributable 
to providing DRM assistance in accordance with this section shall be 
disregarded for purposes of section 1903(u) of the Social Security Act 
(42 U.S.C. 1396b(u)).
    (j) Provider Payment Rates.--In the case of any DRM assistance 
provided in accordance with this section to a DRM-eligible Katrina 
Survivor that is covered under the State Medicaid plan (as applied 
without regard to this section) the State shall pay a provider of such 
assistance the same payment rate as the State would otherwise pay for 
the assistance if the assistance were provided under the State Medicaid 
plan (or, if no such payment rate applies under the State Medicaid 
plan, the usual and customary prevailing rate for the item or service 
for the community in which it is provided).
    (k) Application to Individuals Eligible for Medical Assistance.--
Nothing in this section shall be construed as affecting any rights 
accorded to an individual who is a recipient of medical assistance 
under a State Medicaid plan who is determined to be a DRM-eligible 
Katrina Survivor but the provision of DRM assistance to such individual 
shall be limited to the provision of such assistance in accordance with 
this section.
    (l) Definitions.--
            (1) DRM coverage period.--
                    (A) In general.--The term ``DRM coverage period'' 
                means the period beginning on August 28, 2005, and, 
                subject to subparagraph (B), ending on the date that is 
                12 months after the date of enactment of this Act.
                    (B) Presidential authority to extend drm coverage 
                period.--
                            (i) In general.--The President may extend 
                        the DRM coverage period for an additional 12 
                        months. Any reference to the term ``DRM 
                        coverage period'' in this title shall include 
                        any extension under this clause.
                            (ii) Notice to congress and states.--The 
                        President shall notify the majority and 
                        minority leaders of the Senate, the Speaker of 
                        the House of Representatives, the minority 
                        leader of the House of Representatives, the 
                        Chairs and Ranking Members of the Committee on 
                        Finance of the Senate and the Committees on 
                        Energy and Commerce and Ways and Means of the 
                        House of Representatives, and the States at 
                        least 30 days prior to--
                                    (I) extending the DRM coverage 
                                period; or
                                    (II) if the President determines 
                                not to extend such period, the ending 
                                date described in subparagraph (A).
            (2) Poverty line.--The term ``poverty line'' has the 
        meaning given that term in section 2110(c)(5) of the Social 
        Security Act (42 U.S.C. 1397jj(c)(5)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

       Subtitle B--Temporary Assistance to Needy Families (TANF)

SEC. 311. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED TO ASSIST 
              FAMILIES FROM OTHER STATES AFFECTED BY HURRICANE KATRINA.

    (a) In General.--Section 3 of the TANF Emergency Response and 
Recovery Act of 2005 (Public Law 109-68) is amended to read as follows:

``SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED TO ASSIST 
              FAMILIES FROM OTHER STATES AFFECTED BY HURRICANE KATRINA.

    ``(a) Eligibility for Payments From the Contingency Fund.--
            ``(1) Period of applicability.--Beginning with August 29, 
        2005, and ending with August 31, 2006, each State that is a 
        direct impact State or a State described in paragraph (3) of 
        this subsection shall be considered a needy State for purposes 
        of section 403(b) of the Social Security Act.
            ``(2) Direct impact state.--In this subsection, the term 
        `direct impact State' means Louisiana, Mississippi, and 
        Alabama.
            ``(3) Other states.--A State is described in this paragraph 
        if the State provides any benefit or service, that may be 
        provided under the State program funded under part A of title 
        IV of the Social Security Act, to a family which--
                    ``(A) has resided in a direct impact State; and
                    ``(B) has traveled (not necessarily directly) to 
                the State from the direct impact State as a result of 
                the hurricane.
    ``(b) Monthly Payments.--
            ``(1) In general.--Notwithstanding section 403(b)(3)(C)(i) 
        of the Social Security Act, the total amount paid during a 
        month to--
                    ``(A) a direct impact State, shall not exceed \1/4\ 
                of 20 percent of the State family assistance grant 
                (described in section 403(a)(1)(B) of such Act); and
                    ``(B) a State described in subsection (a)(3), shall 
                not exceed the lesser of--
                            ``(i) total amount of benefits or services 
                        provided under the State program funded under 
                        part A of title IV of such Act to families 
                        described in subsection (a)(3); or
                            ``(ii) \1/4\ of 20 percent of the State 
                        family assistance grant (as so described).
    ``(c) No State Match or Maintenance of Effort Required.--Sections 
403(b)(6) and 409(a)(10) of the Social Security Act shall not apply 
with respect to a payment made to a State by reason of this section.
    ``(d) Increase in Funding to the Extent Necessary.--During the 
period beginning with August 29, 2005, and ending with September 30, 
2006, section 403(b)(2) of the Social Security Act shall be applied 
without regard to the limitation on the total amount specified in such 
section.''.
    (b) Retroactive Effective Date.--The amendment made by subsection 
(a) shall take effect as if included in the enactment of the TANF 
Emergency Response and Recovery Act of 2005.

SEC. 312. INCREASE IN AMOUNT OF ADDITIONAL TANF FUNDS AVAILABLE FOR 
              HURRICANE-DAMAGED STATES.

    (a) In General.--Section 4(a)(2) of the TANF Emergency Response and 
Recovery Act of 2005 (Public Law 109-68) is amended by striking ``20 
percent'' and inserting ``40 percent''.
    (b) Retroactive Effective Date.--The amendment made by subsection 
(a) shall take effect as if included in the enactment of the TANF 
Emergency Response and Recovery Act of 2005.

SEC. 313. RULES FOR RECEIPT OF HURRICANE KATRINA EMERGENCY TANF 
              BENEFITS AND APPLICATION TO CHILD SUPPORT REQUIREMENTS.

    (a) In General.--Section 6 of the TANF Emergency Response and 
Recovery Act of 2005 (Public Law 109-68) is amended to read as follows:

``SEC. 6. RULES OF RECEIPT OF HURRICANE KATRINA EMERGENCY TANF BENEFITS 
              AND APPLICATION TO CHILD SUPPORT REQUIREMENTS.

    ``(a) In General.--During the period described in section 3(d) of 
this Act, Hurricane Katrina Emergency TANF Benefits provided by a 
direct impact State (as defined in section 3(a)(2) of this Act), a 
State described in section 3(a)(3) of this Act, or an Indian tribe 
under a tribal family assistance plan approved under section 412 of the 
Social Security Act shall not be considered assistance for purposes of 
section 407, paragraphs (2), (3), or (7) of section 408(a), or section 
454(29) of the Social Security Act.
    ``(b) Hurricane Katrina Emergency TANF Benefits.--In subsection 
(a), the term `Hurricane Katrina Emergency TANF Benefits' means any 
benefit or service that may be provided under a State or tribal program 
funded under part A of title IV of the Social Security Act to support--
            ``(1) a family described in section 3(a)(3) of this Act; or
            ``(2) a family that--
                    ``(A) is residing in a direct impact State (as 
                defined in section 3(a)(2) of this Act); and
                    ``(B) the State considers a needy family for 
                purposes of the program.''.
    (c) Retroactive Effective Date.--The amendment made by subsection 
(a) shall take effect as if included in the enactment of the TANF 
Emergency Response and Recovery Act of 2005.

SEC. 314. AUTHORITY TO USE FUNDS IN INDIVIDUAL DEVELOPMENT ACCOUNTS FOR 
              CAR OWNERSHIP, MAINTENANCE AND INSURANCE.

    (a) Accounts Established Under the Tanf Program.--
            (1) Additional qualified purpose for use of funds.--Section 
        404(h)(2)(B) of the Social Security Act (42 U.S.C. 
        604(h)(2)(B)) is amended by adding at the end the following:
                            ``(iv) Qualified automotive expenditures.--
                        Qualified automotive expenditures paid from an 
                        individual development account directly to the 
                        persons to whom the amounts are due.''.
            (2) Definition.--Section 404(h)(5) of the Social Security 
        Act (42 U.S.C. 604(h)(5)) is amended by adding at the end the 
        following:
                    ``(J) Qualified automotive expenditures.--The term 
                `qualified automotive expenditures' means expenditures 
                for the purchase or maintenance of an automobile, or 
                for insurance for an automobile.''.
    (b) Accounts Established Under the Assets for Independence 
Program.--Section 404(8) of the Assets for Independence Act (42 U.S.C. 
604 note) is amended by adding at the end the following:
                    ``(E) Qualified automotive expenditures.--
                            ``(i) In general.--Qualified automotive 
                        expenditures paid from an individual 
                        development account directly to the persons to 
                        whom the amounts are due.
                            ``(ii) Definition.--In clause (i), the term 
                        `qualified automotive expenditures' means 
                        expenditures for the purchase or maintenance of 
                        an automobile, or for insurance for an 
                        automobile.''.

                 Subtitle C--Unemployment Compensation

SEC. 321. FEDERAL-STATE AGREEMENTS.

    (a) In General.--Any State that is a qualified State and that 
desires to do so may enter into and participate in an agreement under 
this subtitle with the Secretary. Any State that is a party to an 
agreement under this subtitle may, upon providing 30 days' written 
notice to the Secretary, terminate such agreement.
    (b) Provisions of Agreement.--Any agreement under subsection (a) 
shall provide that the State agency of the State--
            (1) will make payments of regular compensation in 
        conformance with the requirements of section 322; and
            (2) will make payments of emergency extended unemployment 
        compensation in conformance with the requirements of section 
        323.
    (c) Qualified State.--For purposes of this subtitle, the term 
``qualified State'' means Alabama, Louisiana, and Mississippi.

SEC. 322. REQUIREMENTS RELATING TO REGULAR COMPENSATION.

    (a) In General.--Any agreement under this subtitle shall provide 
that the State agency of the State will make payments of regular 
compensation to individuals in amounts and to the extent that they 
would be determined if the State law of such State were applied with 
the modification described in subsection (b).
    (b) Modification Described.--
            (1) Additional amount.--In the case of an eligible 
        individual, the amount of regular compensation (including 
        dependents' allowances) payable for any week of unemployment to 
        which such agreement applies shall be equal to the amount 
        determined under the State law (before the application of this 
        paragraph), plus an additional--
                    (A) 25 percent, or
                    (B) $100,
        whichever is greater.
            (2) Eligible individual.--For purposes of this section, the 
        term ``eligible individual'' means an individual who--
                    (A) is receiving regular compensation under the 
                State law of the State that is a party to the 
                agreement; and
                    (B) at any time during the week before the week 
                that includes August 28, 2005, either held employment 
                in or resided in an area--
                            (i) that is within a qualified State; and
                            (ii) for which the President has declared a 
                        major disaster under the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act 
                        (42 U.S.C. 5121 et seq.) as a result of 
                        Hurricane Katrina.
    (c) Nonreduction Rule.--Under the agreement, subsection (b) shall 
not apply (or shall cease to apply) with respect to a State upon a 
determination by the Secretary that the method governing the 
computation of regular compensation under the State law of such State 
has been modified in a way such that--
            (1) the average weekly amount of regular compensation which 
        will be payable during the period of the agreement (determined 
        disregarding the modification described in subsection (b)) will 
        be less than
            (2) the average weekly amount of regular compensation which 
        would otherwise have been payable during such period under such 
        State law, as in effect on August 28, 2005.
    (d) Coordination Rule.--The modification described in subsection 
(b) shall also apply in determining the amount of benefits payable 
under any Federal law, to any eligible individual, to the extent that 
those benefits are determined by reference to regular compensation 
payable under the State law of the State involved.

SEC. 323. REQUIREMENTS RELATING TO EMERGENCY EXTENDED UNEMPLOYMENT 
              COMPENSATION.

    (a) In General.--Any agreement under this subtitle shall provide 
that the State agency of the State will, for any weeks of unemployment 
to which such agreement applies, make payments of emergency extended 
unemployment compensation under this subtitle to individuals who--
            (1) have exhausted all rights to regular compensation under 
        the State law or under Federal law, but only if exhaustion 
        occurs upon or after the close of the week that includes August 
        28, 2005;
            (2) have no rights to regular compensation or extended 
        compensation with respect to a week under such law or any other 
        State unemployment compensation law or to compensation under 
        any other Federal law;
            (3) are not receiving compensation with respect to such 
        week under the unemployment compensation law of any other 
        country; and
            (4) at any time during the week before the week that 
        includes August 28, 2005, either held employment in or resided 
        in an area--
                    (A) that is within a qualified State; and
                    (B) for which the President has declared a major 
                disaster under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
                as a result of Hurricane Katrina.
    (b) Exhaustion of Benefits.--For purposes of subsection (a)(1), an 
individual shall be deemed to have exhausted such individual's rights 
to regular compensation under a State law when--
            (1) no payments of regular compensation can be made under 
        such law because such individual has received all regular 
        compensation available to such individual based on employment 
        or wages during such individual's base period; or
            (2) such individual's rights to such compensation have been 
        terminated by reason of the expiration of the benefit year with 
        respect to which such rights existed.
    (c) Weekly Benefit Amount, Etc.--For purposes of any agreement 
under this subtitle--
            (1) the amount of emergency extended unemployment 
        compensation which shall be payable to any individual for any 
        week of total unemployment shall be equal to the amount of the 
        regular compensation (including dependents' allowances) payable 
        to such individual during such individual's benefit year under 
        the State law for a week of total unemployment;
            (2) the terms and conditions of the State law which apply 
        to claims for regular compensation and to the payment thereof 
        shall apply to claims for emergency extended unemployment 
        compensation and to the payment thereof, except where otherwise 
        inconsistent with the provisions of this subtitle or with the 
        regulations or operating instructions of the Secretary 
        promulgated to carry out this subtitle; and
            (3) the maximum amount of emergency extended unemployment 
        compensation payable to any individual for whom an emergency 
        extended unemployment compensation account is established under 
        subsection (d) shall not exceed the amount established in such 
        account for such individual.
    (d) Emergency Extended Unemployment Compensation Accounts.--
            (1) In general.--Any agreement under this subtitle shall 
        provide that the State will establish, for each eligible 
        individual who files an application for emergency extended 
        unemployment compensation an emergency extended unemployment 
        compensation account with respect to such individual's benefit 
        year.
            (2) Amount in account.--
                    (A) In general.--The amount established in an 
                account under paragraph (1) shall be the amount equal 
                to 26 times the individual's average weekly benefit 
                amount for the benefit year.
                    (B) Weekly benefit amount.--For purposes of this 
                paragraph, an individual's average weekly benefit 
                amount for any week is the amount of regular 
                compensation (including dependents' allowances) under 
                the State law payable to such individual for such week 
                for total unemployment.

SEC. 324. PAYMENTS TO STATES.

    (a) In General.--There shall be paid to each State which has 
entered into an agreement under this subtitle the following:
            (1) An amount equal to 100 percent of any additional 
        regular compensation made payable to individuals by such State 
        by virtue of the modification described in section 322(b) and 
        deemed to be in effect with respect to such State pursuant to 
        section 322(a).
            (2) An amount equal to 100 percent of any emergency 
        extended unemployment compensation paid to individuals by such 
        State pursuant to such agreement.
            (3) An amount equal to 100 percent of any regular 
        compensation, not otherwise reimbursable under this section, 
        paid by such State under the State law of such State--
                    (A) to individuals whose unemployment was a result 
                of Hurricane Katrina (as determined under criteria 
                established by the Secretary); and
                    (B) for any weeks of unemployment to which such 
                agreement applies.
    (b) Determination of Amount.--Sums payable under this section to 
any State by reason of such State having an agreement under this 
subtitle shall be payable, either in advance or by way of reimbursement 
(as may be determined by the Secretary), in such amounts as the 
Secretary estimates the State will be entitled to receive under this 
subtitle for each calendar month, reduced or increased (as the case may 
be) by any amount by which the Secretary finds that the Secretary's 
estimates for any prior calendar month were greater or less than the 
amounts which should have been paid to the State. Such estimates may be 
made on the basis of such statistical, sampling, or other method as may 
be agreed upon by the Secretary and the State agency of the State 
involved.

SEC. 325. FINANCING PROVISIONS.

    (a) In General.--Funds in the extended unemployment compensation 
account and the Federal unemployment account of the Unemployment Trust 
Fund shall be used, in accordance with succeeding provisions of this 
section, for the making of payments to States having agreements entered 
into under this subtitle.
    (b) Certification.--The Secretary shall from time to time certify 
to the Secretary of the Treasury for payment to each State the sums 
payable to such State under this subtitle. The Secretary of the 
Treasury, prior to audit or settlement by the Government Accountability 
Office, shall make payments to the State in accordance with such 
certification--
            (1) by transfers from the extended unemployment 
        compensation account of the Unemployment Trust Fund, to the 
        extent that they relate to amounts described in paragraph (1) 
        or (2) of section 324(a); and
            (2) by transfers from the Federal unemployment account of 
        the Unemployment Trust Fund, to the extent that they relate to 
        amounts described in section 324(a)(3).

SEC. 326. DEFINITIONS.

    (a) In General.--For purposes of this subtitle--
            (1) the terms ``Secretary'', ``State'', ``State agency'', 
        ``State law'', ``regular compensation'', ``week'', ``benefit 
        year'', and ``base period'' have the respective meanings given 
        such terms under section 205 of the Federal-State Extended 
        Unemployment Compensation Act of 1970;
            (2) the terms ``wages'' and ``employment'' have the 
        respective meanings given such terms under section 3306 of the 
        Internal Revenue Code of 1986;
            (3) the term ``extended unemployment compensation account'' 
        means the account established by section 905(a) of the Social 
        Security Act;
            (4) the term ``Federal unemployment account'' means the 
        account established by section 904(g) of the Social Security 
        Act; and
            (5) the term ``Unemployment Trust Fund'' means the fund 
        established by section 904(a) of the Social Security Act.
    (b) Special Rule.--Notwithstanding any provision of subsection (a), 
in the case of a State entering into an agreement under this subtitle--
            (1) the term ``State law'' shall be considered to refer to 
        the State law of such State, applied in conformance with the 
        modification described in section 322(b), subject to section 
        322(c); and
            (2) the term ``regular compensation'' shall be considered 
        to refer to such compensation, determined under its State law 
        (applied in the manner described in paragraph (1)),
except as otherwise provided or where the context clearly indicates 
otherwise.

SEC. 327. APPLICABILITY.

    An agreement entered into under this subtitle shall apply to weeks 
of unemployment--
            (1) beginning on or after the first day of the week that 
        includes August 28, 2005; and
            (2) ending before September 1, 2006.

                 Subtitle D--Health Insurance Coverage

SEC. 331. TEMPORARY EMERGENCY HEALTH COVERAGE ASSISTANCE FOR BUSINESSES 
              AND INDIVIDUALS.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary''), in consultation 
with the insurance commissioners of those States contained in whole or 
in part in the Hurricane Katrina disaster area, shall establish a 
program to provide emergency health coverage continuation relief 
through the provision of direct payments of health insurance premiums 
or continuation assistance on behalf of eligible businesses and their 
employees and purchasers of individual health insurance coverage.
    (b) Definitions.--In this section:
            (1) Eligible individuals.--The term ``eligible individual'' 
        means an individual (and the family dependents of such 
        individual as may be covered under the health insurance 
        coverage in which such individual is enrolled)--
                    (A) who is a citizen, national, or qualified alien 
                as defined in section 431(b) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1641(b));
                    (B) whose permanent residence as of August 28, 2005 
                was located in a Hurricane Katrina disaster area;
                    (C) who was covered under individual (nongroup) 
                health insurance coverage, including a policy operated 
                pursuant to a qualified high risk pool (as defined in 
                section 2744 of the Public Health Service Act (42 
                U.S.C. 300gg-44)), on August 28, 2005; and
                    (D) whose ability to continue such coverage was 
                severely impaired as a result of hurricane-related 
                disruption in a Hurricane Katrina disaster area.
            (2) Eligible businesses.--The term ``eligible business'' 
        means a corporation, sole proprietorship, or partnership that 
        employs not more than 50 employees and that--
                    (A) operated as of August 28, 2005 in a Hurricane 
                Katrina disaster area;
                    (B) offered coverage under a group health plan (as 
                defined in section 733(a)(1) of the Employee Retirement 
                Income Security Act of 1974 (29 U.S.C. 1191b(a)(1))) on 
                August 28, 2005 to employees in a Hurricane Katrina 
                disaster area; and
                    (C) had its ability to continue coverage under such 
                plan severely impaired as a result of disruption of the 
                sponsor's business activity in the Hurricane Katrina 
                disaster area.
            (3) Continuation assistance.--The term ``continuation 
        assistance'' means, in the case of an eligible business that 
        offers health insurance coverage under a self-insured 
        arrangement, assistance in paying administrative services fees, 
        claims costs, stop-loss premiums, and any amounts required to 
        be paid by employees to participate in the arrangement.
            (4) Hurricane katrina disaster area.--The term ``Hurricane 
        Katrina disaster area'' means a parish in the State of 
        Louisiana, a county in the State of Mississippi, or a county in 
        the State of Alabama, for which a major disaster has been 
        declared in accordance with section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170) as a result of Hurricane Katrina and which the 
        President has determined, before September 11, 2005, warrants 
        both individual and public assistance from the Federal 
        Government under such Act.
    (c) Health Coverage Continuation Relief.--
            (1) In general.--The Secretary shall design and implement 
        the program under subsection (a) in a manner that enables 
        eligible individuals and eligible businesses to be eligible for 
        direct premium reimbursement or continuation assistance to be 
        paid by the Secretary on behalf of such individual or business 
        directly to the health insurance issuer or administrative 
        services provider involved. In the case of an eligible 
        business, premium reimbursement shall include the premium 
        shares of both the employer and employees, as applicable.
            (2) Limitation.--Subject to paragraph (3), in no case shall 
        the value of the assistance provided under the program under 
        this section, with respect to an individual or business, exceed 
        100 percent of the applicable premium for coverage or 
        continuation assistance for the period of coverage involved, 
        including, with respect to employer coverage, the employer and 
        employees' share of premiums, if applicable.
            (3) Enrollment.--
                    (A) In general.--The Secretary shall establish an 
                expedited process for the enrollment of eligible 
                individuals and eligible businesses in the program 
                under this section.
                    (B) Duty of secretary upon receipt of notice.--The 
                Secretary, upon receipt of a notice under subsection 
                (f)(2), shall enroll the eligible individual or 
                eligible business involved in the program under this 
                section.
                    (C) Duty of issuer.--A group health plan, or health 
                insurance insurer with respect to such a plan, shall 
                make a reasonable effort to notify an eligible 
                individual or eligible business--
                            (i) of the automatic enrollment of such 
                        individual or business in the program under 
                        subparagraph (B);
                            (ii) that, if it is later determined that 
                        the means of support of such individual, or the 
                        ability of such business to continue health 
                        insurance coverage, was not severely disrupted 
                        (as determined subject to a randomized 
                        retrospective audit process), such individual 
                        or business may be required at a later date to 
                        repay the program for the amount of premiums or 
                        continuation assistance paid on its behalf; and
                            (iii) that such individual or business may 
                        elect to decline enrollment, or cancel 
                        enrollment, in the program by notifying the 
                        health insurance issuer or administrative 
                        service provider involved.
    (d) Retrospective Audit Authority.--
            (1) In general.--The Secretary shall provide for the 
        application of a randomized retrospective auditing process to 
        the program under this section by a date that is not earlier 
        than December 1, 2005.
            (2) Repayment of funds.--If the Secretary determines, 
        pursuant to the audit process under paragraph (1), that an 
        individual or business that was enrolled in the program under 
        this section did not meet the disruption or other eligibility 
        requirements provided for in paragraph (1) or (2) of subsection 
        (b), the Secretary shall seek the repayment of funds paid on 
        behalf of such individual or business. Such repayments shall be 
        made with no interest or late penalty to accrue prior to the 
        commencement of a repayment period which shall begin not 
        earlier than the date that is 3 months after the date on which 
        a determination and notice of noneligibility is provided.
            (3) No double payments.--The Secretary shall take 
        appropriate actions to ensure that health insurance issuers do 
        not retain double payments in instances where businesses or 
        individuals pay premiums for any period for which payments have 
        already been made under the program under this section.
    (e) Emergency Period.--Payments under the program under this 
section shall be made only for premiums due during the period beginning 
on August 28, 2005 and expiring 12 months after such date. Prior to the 
expiration of such period, the Secretary may make recommendations to 
Congress regarding any reasonably determined need to extend such 
emergency period.
    (f) Noncancellation of Health Insurance Coverage.--
            (1) In general.--During the 12-month emergency period 
        described in subsection (e), health insurance issuers that 
        accept payments under the program under this section shall be 
        prohibited from canceling or terminating health insurance 
        coverage or, in the case of administrative services providers, 
        refusing to process claims under a self-insured arrangement. 
        Such health insurance issuers and administrative service 
        providers shall be prohibited during such period from 
        increasing any amounts due pursuant to such coverage or 
        arrangements that were not previously scheduled pursuant to a 
        contract prior to August 28, 2005.
            (2) Notification.--To be eligible to receive payments under 
        ths program under this section, a health insurance issuer or 
        administrative services provider shall notify the Secretary--
                    (A) not earlier than 61 days following the 
                nonpayment of a scheduled premium payment from an 
                individual or business policyholder in a Hurricane 
                Katrina disaster area, of the fact of such nonpayment 
                (or nonreimbursement of claims under a self-insured 
                arrangement); or
                    (B) following a communication to the health 
                insurance insurer or administrative service provider by 
                an individual or business reasonably indicating 
                eligibility for assistance under such program, of the 
                fact of such communication.
    (g) Expedited Rulemaking.--The Secretary shall utilize expedited 
rulemaking procedures to carry out this section.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000,000 for fiscal year 
2006.

SEC. 332. AUTHORITY TO POSTPONE CERTAIN DEADLINES RELATED TO INDIVIDUAL 
              HEALTH COVERAGE BY REASON OF PRESIDENTIALLY DECLARED 
              DISASTER OR TERRORISTIC OR MILITARY ACTION.

    (a) In General.--Title XXVII of the Public Health Service Act (42 
U.S.C. 300gg et seq.) is amended by adding at the end the following:

``SEC. 2793. AUTHORITY TO POSTPONE CERTAIN DEADLINES BY REASON OF 
              PRESIDENTIALLY DECLARED DISASTER OR TERRORISTIC OR 
              MILITARY ACTION.

    ``In the case of a plan offered through the individual market, or 
any health insurance issuer, participant, beneficiary, or other person 
with respect to such plan, affected by a Presidentially declared 
disaster (as defined in section 1033(h)(3) of the Internal Revenue Code 
of 1986) or a terrorist or military action (as defined in section 
692(c)(2) of such Code), the Secretary may, notwithstanding any other 
provision of law, prescribe, by notice or otherwise, a period of up to 
1 year which may be disregarded in determining the date by which any 
action is required or permitted to be completed under this title. No 
plan shall be treated as failing to be operated in accordance with the 
terms of the plan solely as a result of disregarding any period by 
reason of the preceding sentence.''.
    (b) Application of Amendment.--The Secretary of Health and Human 
Services shall implement the amendment made by subsection (a) in the 
same manner in which the Secretary of Labor implements section 518 of 
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1148) 
with respect to group health plans.

               TITLE IV--HOUSING AND COMMUNITY REBUILDING

SEC. 401. DEFINITIONS.

    For purposes of this title, the following definitions shall apply:
            (1) Affected family.--The term ``affected family'' means 
        and individual or family that meets the following requirements:
                    (A) The individual or family resided, on August 25, 
                2005, in any area for which the President declared a 
                major disaster or emergency under title IV of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act in connection with Hurricane Katrina of 
                2005.
                    (B) The residence of the individual or family 
                became uninhabitable or inaccessible as a result of 
                such major disaster or emergency.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.

SEC. 402. PUBLIC HOUSING CAPITAL FUND RESERVES FOR EMERGENCIES AND 
              NATURAL DISASTERS.

    (a) Availability of Funds Set-Aside in Previous Years.--
Notwithstanding any other provision of law, any amounts set aside in 
fiscal years 2003, 2004, and 2005 for use under section 9(k) of the 
United States Housing Act of 1937 (42 U.S.C. 1437g(k)) and remaining 
unobligated on the date of the enactment of this Act shall be available 
for use under such section (not including paragraph (4) of such 
section) for emergencies and other disasters occurring in fiscal year 
2005, and shall remain available until expended.
    (b) Authorization of Appropriations.--In addition to any other 
amounts authorized to be appropriated under other provisions of law, 
there is authorized to be appropriated for fiscal year 2006 for use 
under section 9(k) of the United States Housing Act of 1937 (42 U.S.C. 
1437g(k)), $100,000,000, to remain available until expended. Any 
amounts made available pursuant to this subsection funds shall be used 
only for activities conducted in any area for which the President 
declared a major disaster or emergency under title IV of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act in connection 
with Hurricane Katrina.

SEC. 403. HOPE VI PROGRAM.

    In addition to any other amounts authorized to be appropriated 
under other provisions of law, there is authorized to be appropriated 
for fiscal year 2006 for grants to public housing agencies for 
demolition, site revitalization, replacement housing, and tenant-based 
assistance grants to projects, as authorized under section 24 of the 
United States Housing Act of 1937 (42 U.S.C. 1437v), $100,000,000, to 
remain available until expended. Any amounts made available pursuant to 
this section shall be used only for such activities conducted in any 
area for which the President declared a major disaster or emergency 
under title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act in connection with Hurricane Katrina.

SEC. 404. HOME INVESTMENT PARTNERSHIPS PROGRAM.

    In addition to any other amounts authorized to be appropriated 
under other provisions of law, there is authorized to be appropriated 
for fiscal year 2006 to carry out the HOME Investment Partnership 
Program, as authorized under title II of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 12721 et seq.), $1,000,000,000, to 
remain available until expended. Any amounts made available pursuant to 
this section shall be used only for affordable housing activities 
conducted in any area for which the President declared a major disaster 
or emergency under title IV of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act in connection with Hurricane Katrina.

SEC. 405. COMMUNITY DEVELOPMENT BLOCK GRANT ASSISTANCE.

    (a) Authorization of Appropriations.--In addition to any other 
amounts authorized to be appropriated under other provisions of law, 
there is authorized to be appropriated for fiscal year 2006 for 
activities authorized under title I of the Housing and Community 
Development Act of 1974 (42 U.S.C. 5301 et seq.), $1,000,000,00, to 
remain available until expended.
    (b) Use.--
            (1) In general.--Any amounts made available pursuant to 
        this section shall be used only for disaster relief, long-term 
        recovery, and mitigation in communities in any area for which 
        the President declared a major disaster or emergency under 
        title IV of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act in connection with Hurricane Katrina, 
        except those activities reimbursable by the Federal Emergency 
        Management Agency or available through the Small Business 
        Administration.
            (2) Projects in progress.--In the case of any project or 
        activity in an area described in paragraph (1) that was 
        underway before the Presidential declaration with respect to 
        such area, the project or activity may not be provided any 
        amounts made available under this section unless the disaster 
        or emergency for which such declaration was made directly 
        impacted the project.
    (c) Allocation.--Subject to subsection (d), any amounts made 
available pursuant to this section shall be awarded by the Secretary of 
Housing and Urban Development to States (including Indian tribes for 
all purposes under this section) to be administered by each State in 
conjunction with its community development block grants program. 
Notwithstanding paragraph (2) of section 106(d) of the Housing and 
Community Development Act of 1974, States may provide assistance with 
amounts made available under this section to entitlement communities.
    (d) Supplementation Requirement.--Each State shall provide not less 
than 10 percent in non-Federal public matching funds or its equivalent 
value (other than administrative costs) for any funds allocated to the 
State under this section.
    (e) Waiver.--
            (1) Authority.--In administering any amounts made available 
        under this section, the Secretary may waive, or specify 
        alternative requirements for, any provision of any statute or 
        regulation that the Secretary administers in connection with 
        the obligation by the Secretary or the use by the recipient of 
        such amounts (except for requirements related to fair housing, 
        nondiscrimination, labor standards, and the environment), upon 
        a finding that such waiver is required to facilitate the use of 
        such amounts, and would not be inconsistent with the overall 
        purpose of the statute. The Secretary may waive the 
        requirements that activities benefit persons of low and 
        moderate income, except that at least 50 percent of the amounts 
        made available under this section shall benefit primarily 
        persons of low and moderate income unless the Secretary makes a 
        finding of compelling need.
            (2) Publication.--The Secretary shall publish in the 
        Federal Register any waiver of any statute or regulation 
        authorized under this subsection no later than 5 days before 
        the effective date of such waiver.

SEC. 406. CDBG LOAN GUARANTEE PROGRAM.

    In addition to any other amounts authorized to be appropriated 
under other provisions of law, there is authorized to be appropriated 
for fiscal year 2006 for costs (as such term is defined in section 502 
of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a) of guarantees 
under section 108 of the Housing and Community Development Act of 1974 
(42 U.S.C. 5308), $10,000,000, to remain available until expended. Any 
amounts made available pursuant to this section shall be used only for 
guarantees for obligations of eligible public entities for financing 
activities conducted in any area for which the President declared a 
major disaster or emergency under title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act in connection with 
Hurricane Katrina.

SEC. 407. YOUTHBUILD PROGRAM.

    In addition to any other amounts authorized to be appropriated 
under other provisions of law, there is authorized to be appropriated 
for fiscal year 2006 to carry out Subtitle D of title IV of the 
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899et 
seq.), $200,000,000, to remain available until expended. Any amounts 
made available pursuant to this section shall be used only for 
Youthbuild programs carried out in any area for which the President 
declared a major disaster or emergency under title IV of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act in connection 
with Hurricane Katrina.

SEC. 408. CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND AFFORDABLE 
              HOUSING.

    In addition to any other amounts authorized to be appropriated 
under other provisions of law, there is authorized to be appropriated 
for fiscal year 2006 to carry out section 4 of the HUD Demonstration 
Act of 1993 (42 U.S.C. 9816 note), $4,500,000, to remain available 
until expended. Any amounts made available pursuant to this section 
shall be used only for capacity-building activities for community 
development corporations or community housing development organizations 
undertaking community development or affordable housing activities in 
any area for which the President declared a major disaster or emergency 
under title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act in connection with Hurricane Katrina.

SEC. 409. EMERGENCY RENTAL ASSISTANCE VOUCHERS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary $3,500,000,000 for the Secretary to provide 300,000 
incremental vouchers for tenant-based rental housing assistance under 
section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)).
    (b) Family Eligibility.--Tenant-based assistance pursuant to 
subsection (a) may be provided only on behalf of an affected family 
that is otherwise eligible for assistance under such section 8(o). 
However, the Secretary and the Federal Emergency Management Agency 
shall permit such recipients to accept additional assistance to cover 
the costs of utilities and for other purposes from private or not-for-
profit groups, without affecting their eligibility.
    (c) Administration.--Notwithstanding any other provision of law, 
the Secretary shall provide that voucher assistance provided under this 
section may be administered by faith-based organizations and community 
development corporations that have access to dwelling units in 
connection with which such voucher assistance may be used.

SEC. 410. PROHIBITION OF PLACEMENT OF FAMILIES IN SUBSTANDARD DWELLING 
              UNITS.

    Notwithstanding any other provision of law, no financial assistance 
may be provided in any form by any agency of the Federal Government to 
provide a temporary or permanent residence for an affected family that 
is uninhabitable and unless the dwelling unit complies with the housing 
quality standards established pursuant to section 8(o)(8)(B) of the 
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B)).

SEC. 411. FAIR HOUSING ENFORCEMENT.

    (a) Authorization of Appropriations.--In addition to any other 
amounts authorized to be appropriated under other provisions of law, 
there is authorized to be appropriated for fiscal year 2006 $10,000,000 
for activities under section 561 of the Housing and Community 
Development Act of 1987 (42 U.S.C. 3616a).
    (b) Scope of Use.--Any amounts made available pursuant to this 
section shall be used for activities under such section 561 carried out 
in States affected by Hurricane Katrina or States that the Secretary 
determines have a substantial number of persons who relocated to such 
State as a result of displacement caused by such hurricanes.
    (c) Eligible Activities.--Amounts made available under this section 
may be used by the Secretary for costs to the Department of Housing and 
Urban Development of hiring and training individuals who are members of 
affected families or who are unemployed as a result of the elimination 
of a previous employment position due to Hurricane Katrina, to serve in 
regional offices of the Department located in States described in 
subsection (b) and conduct activities under such section 561.

SEC. 412. HOUSING COUNSELING FOR FAMILIES IN TEMPORARY SHELTERS.

    (a) Authorization of Appropriations.--In addition to any other 
amounts authorized to be appropriated under other provisions of law, 
there is authorized to be appropriated for fiscal year 2006 $10,000,000 
for assistance under section 106 of the Housing and Urban Development 
Act of 1968 (12 U.S.C. 1701x).
    (b) Eligible Use.--Any amounts made available pursuant to this 
section shall be used for activities under such section 106 to assist 
affected families living in temporary shelters or other temporary 
housing situations to obtain a permanent residence.

SEC. 413. AVAILABILITY OF HUD INVENTORY PROPERTIES.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary shall make covered properties available for occupancy by 
eligible families, as provided in this section.
    (b) 6-Month Reservation for Use Only by Eligible Families.--
            (1) Requirement to offer only to eligible families.--During 
        the 6-month period beginning on the date of the enactment of 
        this Act, the Secretary may not dispose of any covered property 
        under any provision of law other than this Act and may not 
        offer, or enter into any agreement for disposition of, a 
        covered property under any other such provision.
            (2) Request and occupancy.--If, during the period referred 
        to in paragraph (1), an eligible family makes a request, in 
        such form as the Secretary may require, to occupy a covered 
        property, the Secretary shall, in accordance with the selection 
        criteria established pursuant to subsection (d), make the 
        covered property available to the eligible family for occupancy 
        in accordance with the terms under subsection (e).
    (c) Continued Availability.--
            (1) Availability for eligible families.--During the 18-
        month period that begins upon the conclusion of the period 
        under subsection (b)(1), the Secretary shall offer each covered 
        property for occupancy by affected families, but, except as 
        provided in paragraph (2) of this subsection, may dispose of 
        covered properties under other applicable provisions of law and 
        may offer and enter into agreements for disposition of covered 
        properties under such other provisions.
            (2) Request and occupancy.--If, during the period referred 
        to in paragraph (1), an eligible family makes a request, in 
        such form as the Secretary may require, to occupy a covered 
        property for which the Secretary has not entered into any 
        agreement for disposition under any other provision of law, the 
        Secretary shall, in accordance with the selection criteria 
        established pursuant to subsection (d), make the covered 
        property available to the eligible family for occupancy in 
        accordance with the terms under subsection (e).
    (d) Selection Criteria.--The Secretary shall establish criteria to 
select an eligible family to occupy a covered property for which more 
than one family has submitted such a request. Such criteria shall 
provide preference for eligible families having incomes not exceeding 
the median income for the area in which the primary residence of the 
family referred to in subsection (g)(2) was located.
    (e) Occupancy Terms.--Occupancy in a covered property pursuant to 
this section shall be subject to the following terms:
            (1) 5-years rent-free.--The eligible family may reside in 
        the property under the terms of a lease (or renewable leases) 
        which shall provide for rent-free occupancy, but which in no 
        case may extend beyond the expiration of the 5-year period 
        beginning upon initial occupancy of the property by the family.
            (2) Option to purchase.--At any time during the occupancy 
        of a covered property by an eligible family pursuant to 
        paragraph (1), the eligible family may purchase the property 
        from the Secretary at price equal to the lesser of--
                    (A) the fair market value of the property as of the 
                time of initial occupancy by such family, as determined 
                by the Secretary, or
                    (B) the fair market value of the property as of the 
                time of such purchase, as determined by the Secretary, 
                less the cost of any repairs or improvements made by 
                the family during occupancy of the property.
        The Secretary shall periodically inform each eligible family 
        occupying a covered property of the availability of the 
        property for purchase under this paragraph.
    (f) Outreach.--The Secretary shall take such actions as may be 
appropriate to inform eligible families of the availability of covered 
properties pursuant to this section.
    (g) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Covered property.--The term ``covered property'' means 
        any property that--
                    (A) is designed as a dwelling for occupancy by one 
                to four families;
                    (B) was previously subject to a mortgage insured 
                under the National Housing Act; and
                    (C) is owned by the Secretary pursuant to the 
                payment of insurance benefits under such Act.
            (2) Eligible family.--The term ``eligible family'' means a 
        person or household whose primary residence, as of August 29, 
        2005--
                    (A) was located in an area within which the 
                President declared, under the Robert T. Stafford 
                Disaster Assistance and Emergency Relief Act, a major 
                disaster to have occurred pursuant to Hurricane 
                Katrina; and
                    (B) was, as a result of Hurricane Katrina, 
                destroyed or damaged to such an extent that the 
                residence is not habitable.

SEC. 414. HURRICANE KATRINA MORTGAGE PROTECTION FUND.

    (a) In General.--The Secretary, in consultation with the Federal 
banking agencies and the appropriate State bank supervisors of those 
States contained in whole or in part in the Hurricane Katrina disaster 
area, shall establish a program to provide emergency mortgage 
assistance through the provision of direct mortgage payments on behalf 
of eligible individuals.
    (b) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Consumer mortgage.--The term ``consumer mortgage'' 
        means any consumer credit transaction (as defined in section 
        103 of the Truth in Lending Act) in which a security interest, 
        including any such interest arising by operation of law, is 
        retained or acquired in any property which is used as the 
        principal dwelling of the person to whom credit is extended.
            (2) Consumer mortgage payment.--The term ``consumer 
        mortgage payment'' means the scheduled payment on a consumer 
        mortgage for principal, interest, and any scheduled deposit in 
        an escrow account for the purpose of assuring payment of taxes, 
        insurance, or other charges with respect to the property 
        securing such consumer mortgage.
            (3) Eligible individual.--The term ``eligible individual'' 
        means an individual--
                    (A) who is a citizen, national, or qualified alien 
                as defined in section 431(b) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1641(b));
                    (B) whose permanent residence as of August 28, 2005 
                was located in a Hurricane Katrina disaster area;
                    (C) who was a mortgagor on a consumer mortgage that 
                was entered into before August 28, 2005; and
                    (D) whose ability to continue meeting the consumer 
                mortgage payment obligations under the consumer 
                mortgage was severely impaired as a result of 
                hurricane-related disruption in a Hurricane Katrina 
                disaster area.
            (4) Federal banking agency and state bank supervisor.--The 
        terms ``Federal banking agency'' and ``State bank supervisors'' 
        have the meaning given such terms in section 3 of the Federal 
        Deposit Insurance Act.
            (5) Hurricane katrina disaster area.--The term ``Hurricane 
        Katrina disaster area'' means a parish in the State of 
        Louisiana, a county in the State of Mississippi, or a county in 
        the State of Alabama, for which a major disaster has been 
        declared in accordance with section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170) as a result of Hurricane Katrina and which the 
        President has determined, before September 11, 2005, warrants 
        both individual and public assistance from the Federal 
        Government under such Act.
            (6) Servicer.--The term ``servicer'', with respect to a 
        consumer mortgage, has the same meaning as in section 6(i) of 
        the Real Estate Settlement Procedures Act of 1974.
    (c) Mortgage Payment Relief.--
            (1) In general.--The Secretary shall design and implement 
        the program under subsection (a) in a manner that enables 
        eligible individuals to obtain assistance with respect to a 
        consumer mortgage to be paid by the Secretary on behalf of such 
        individual directly to the consumer mortgage servicer.
            (2) Limitation.--Subject to paragraph (3), in no case shall 
        the value of the assistance provided under the program under 
        this section, in the case of any eligible individual, exceed 
        100 percent of the total amount of consumer mortgage payments 
        due during such period with respect to such individual.
            (3) Enrollment.--
                    (A) In general.--The Secretary shall establish an 
                expedited process for the enrollment of eligible 
                individuals in the program under this section.
                    (B) Duty of secretary upon receipt of notice.--The 
                Secretary, upon receipt of a notice under subsection 
                (f)(1), shall enroll the eligible individual involved 
                in the program under this section subject to such 
                verification procedures as the Secretary may determine 
                to be appropriate, consistently with the purposes of 
                this section.
                    (C) Duty of issuer.--A consumer mortgage servicer 
                shall make a reasonable effort to notify an eligible 
                individual--
                            (i) of the automatic enrollment of such 
                        individual in the program under subparagraph 
                        (B);
                            (ii) that, if it is later determined that 
                        the ability to continue meeting the consumer 
                        mortgage payment obligations of such individual 
                        under the consumer mortgage was not severely 
                        impaired as a result of hurricane-related 
                        disruption in a Hurricane Katrina disaster area 
                        (as determined subject to a randomized 
                        retrospective audit process or otherwise), such 
                        individual may be required at a later date to 
                        repay the program for the total amount of 
                        consumer mortgage payments made by the 
                        Secretary on behalf of such individual; and
                            (iii) that such individual may elect to 
                        decline enrollment, or cancel enrollment, in 
                        the program by notifying the consumer mortgage 
                        servicer involved.
    (d) Retrospective Audit Authority.--
            (1) In general.--The Secretary shall provide for the 
        application of a randomized retrospective auditing process to 
        the program under this section by a date that is not earlier 
        than November 1, 2005.
            (2) Repayment of funds.--
                    (A) Action by secretary.--If the Secretary 
                determines, pursuant to the audit process under 
                paragraph (1), that an individual that was enrolled in 
                the program under this section did not meet the 
                eligibility requirements provided for in subsection 
                (b), the Secretary shall seek the repayment of funds 
                paid on behalf of such individual.
                    (B) Terms of repayment.--Any repayment pursuant to 
                subparagraph (A) shall be made with no interest or late 
                penalty to accrue prior to the commencement of a 
                repayment period which shall begin not earlier than the 
                date that is 3 months after the date on which a 
                determination and notice of noneligibility is provided.
            (3) No double payments.--The Secretary shall take 
        appropriate actions to ensure that consumer mortgage servicers 
        do not retain double payments in instances where individuals 
        make payments on a consumer mortgage for any period for which 
        payments have already been made under the program under this 
        section.
    (e) Emergency Period.--Payments under the program under this 
section shall be made only for consumer mortgage payments due during 
the 1-year period beginning on August 28, 2005.
    (f) Notice and Prohibited Actions.--
            (1) Notification.--To be eligible to receive payments under 
        the program under this section, a consumer mortgage servicer 
        shall notify the Secretary--
                    (A) not earlier than 31 days following the 
                nonpayment of a scheduled consumer mortgage payment 
                from an individual in a Hurricane Katrina disaster 
                area, of the fact of such nonpayment; or
                    (B) following a communication to the consumer 
                mortgage servicer by an individual reasonably 
                indicating eligibility for assistance under such 
                program, of the fact of such communication.
            (2) Prohibited actions.--During the 1-year emergency period 
        described in subsection (e), a consumer mortgage servicer who 
        accept payments under the program under this section with 
        respect to any consumer mortgage, and any person who makes or 
        holds such consumer mortgage (if other than the servicer), may 
        not--
                    (A) accelerate the maturity of or commence any 
                legal action regarding such a mortgage (including 
                mortgage foreclosure to recover under such obligation) 
                or take possession of any security of the mortgagor for 
                such consumer mortgage obligation; or
                    (B) increase the annual percentage rate of interest 
                with respect to such consumer mortgage or impose any 
                other fees or charges with respect to such consumer 
                mortgage.
    (g) Expedited Rulemaking.--The Secretary shall utilize expedited 
rulemaking procedures to carry out this section.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary for fiscal year 2006 to 
carry out the purposes of this section.

SEC. 415. HOUSING PRIORITY FOR MILITARY PERSONNEL.

    (a) Priority.--During the 12-month period beginning on the date of 
the enactment of this Act, priority shall be given, under any covered 
housing program, to providing assistance under the program on behalf of 
any member of the Armed Forces (and on behalf of the members of the 
household of such member) that is an affected family and who has 
served, or is serving, on active duty in Iraq during Operation Iraqi 
Freedom or in Afghanistan during Operation Enduring Freedom. Such 
priority shall be afforded without respect to whether the member of the 
Armed Forces is on such active duty or not.
    (b) Covered Housing Programs.--For purposes of this section, a 
covered housing program is--
            (1) a program of the Federal Emergency Management Agency or 
        any other agency of the Federal Government that provides 
        housing or housing assistance; or
            (2) a program of any agency of any State or local 
        government, or of any nongovernmental organization, that--
                    (A) provides housing or housing assistance; and
                    (B) is funded, in whole or in part, with any 
                amounts from the Federal Government.

                     TITLE V--EDUCATION PROVISIONS

                     Subtitle A--General Provisions

SEC. 501. DEFINITIONS.

    In this title:
            (1) The term ``child'' means any person within the age 
        limits for which the State in which the person is located 
        provides free public education.
            (2) The term ``elementary school'' has the meaning given 
        such term in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (3) The term ``impacted local educational agency'' means a 
        local educational agency serving an area for which, due to 
        Hurricane Katrina, a major disaster has been declared in 
        accordance with section 401 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5170).
            (4) The term ``local educational agency'' has the meaning 
        given such term in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (5) The terms ``pupil services'' and ``pupil services 
        personnel'' have the meanings given such terms in section 9101 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (6) The term ``relocated student'' means a child who--
                    (A) is a homeless child or youth as those terms are 
                used in the McKinney-Vento Homeless Assistance Act (42 
                U.S.C. 11421 et seq.);
                    (B) but for Hurricane Katrina, would be enrolled in 
                an elementary school or secondary school in an area for 
                which, due to the hurricane, a major disaster has been 
                declared in accordance with section 401 of the Robert 
                T. Stafford Disaster Relief and Emergency Assistance 
                Act (42 U.S.C. 5121 et seq.); and
                    (C) because of Hurricane Katrina--
                            (i) is unable to access the education and 
                        related services that the child otherwise would 
                        be receiving at such school; and
                            (ii) is enrolled at a public elementary 
                        school or secondary school in a different 
                        geographical location in a State.
            (7) The term ``secondary school'' has the meaning given 
        such term in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (8) The term ``State'' has the meaning given such term in 
        section 9101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801).

            Subtitle B--Early Childhood Programs Assistance

PART 1--EMERGENCY FUNDING FOR CONTINUATION OF SERVICES UNDER CHILD CARE 
                AND DEVELOPMENT BLOCK GRANT ACT OF 1990

SEC. 511. EMERGENCY ASSISTANCE FOR SERVICES UNDER CHILD CARE AND 
              DEVELOPMENT BLOCK GRANT ACT OF 1990.

    The Secretary of Health and Human Services may make grants directly 
to eligible child care providers located in the States of Louisiana, 
Mississippi, and Alabama that provided before August 22, 2005, child 
care services under the Child Care and Development Block Grant Act of 
1990, for the purpose of enabling such providers, on a transitional 
basis at new locations in such States, to continue to provide such 
services. Such grants may be used for any purpose authorized by such 
Act as well as to purchase supplies and materials, to provide 
transportation, to lease or purchase temporary space in facilities, and 
to rehabilitate or construct facilities for the purpose of providing 
such services.

SEC. 512. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $1,000,000,000 in the 
aggregate for fiscal years 2006, 2007, and 2008 to carry out this part.

   PART 2--WAIVER AUTHORITY TO PROVIDE SERVICES UNDER CHILD CARE AND 
                  DEVELOPMENT BLOCK GRANT ACT OF 1990

SEC. 521. WAIVER AUTHORITY TO EXPAND THE AVAILABILITY OF SERVICES UNDER 
              CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990.

    (a) Authority.--For such period (ending not later than June 30, 
2006), and to such extent as the Secretary of Health and Human Services 
considers to be appropriate, the Secretary may waive the provisions 
described in subsection (b) for any area with respect to which the 
President has determined that an emergency, or a major disaster, as 
defined in section 102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122), exists, related to Hurricane 
Katrina, for the purpose of providing child care services to children 
orphaned, or of families displaced, as a result of Hurricane Katrina.
    (b) Provisions.--The provisions referred to in subsection (a) are 
provisions of the Child Care and Development Block Grant Act of 1990 
(42 U.S.C. 9858 et seq.)--
            (1) relating to income limitations on eligibility to 
        receive child care services for which assistance is provided 
        under such Act;
            (2) relating to work requirements applicable to eligibility 
        to receive child care services for which assistance is provided 
        under such Act;
            (3) requiring the application of section 658G of such Act 
        to States in which an area described in subsection (a) is 
        located;
            (4) requiring a copayment or other cost sharing by the 
        families that receive child care services for which assistance 
        is provided under such Act; and
            (5) preventing children designated as evacuees from 
        receiving priority for child care services for which assistance 
        is provided under such Act, except that children residing in an 
        area and currently receiving services on August 22, 2005, shall 
        not lose such services in order to accommodate evacuee 
        children.

SEC. 522. AUTHORIZATION OF APPROPRIATIONS.

     There is authorized to be appropriated to provide for child care 
services for children and families described in section 521(a) as 
provided for in section 521, $112,000,000 for fiscal year 2006.

   PART 3--EMERGENCY FUNDING FOR CONTINUATION OF HEAD START SERVICES

SEC. 531. EMERGENCY ASSISTANCE FOR HEAD START SERVICES.

    The Secretary of Health and Human Services may make grants directly 
to Head Start agencies located in the States of Louisiana, Mississippi, 
and Alabama that provided before August 22, 2005, Head Start services 
under the Head Start Act, for the purpose of enabling such agencies, on 
a transitional basis at new locations in such States, to continue to 
provide such services. Such grants may be used for any purpose 
authorized by such Act as well as to purchase supplies and materials, 
to provide transportation, to lease or purchase temporary space in 
facilities, and to rehabilitate or construct facilities for the purpose 
of providing such services.

SEC. 532. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $150,000,000 in the 
aggregate for fiscal years 2006, 2007, and 2008 to carry out this part.

        PART 4--WAIVER AUTHORITY TO PROVIDE HEAD START SERVICES

SEC. 541. WAIVER AUTHORITY TO EXPAND THE AVAILABILITY OF HEAD START 
              SERVICES.

    (a) Income Eligibility and Documentation Waivers.--The Secretary of 
Health and Human Services shall waive requirements of income 
eligibility and documentation for children affected by Hurricane 
Katrina who participate in Head Start programs and Early Head Start 
programs funded under the Head Start Act.
    (b) Waiver.--For such period up to June 30, 2006, and to such 
extent as the Secretary of Health and Human Services considers to be 
appropriate, the Secretary may waive section 640(b) of the Head Start 
Act for Head Start agencies located in an area affected by Hurricane 
Katrina and other affected Head Start agencies.

SEC. 542. TECHNICAL ASSISTANCE, GUIDANCE, AND RESOURCES.

     The Secretary shall provide technical assistance, guidance, and 
resources through the Region 4 and Region 6 offices of the 
Administration for Children and Families (and may provide technical 
assistance, guidance, and resources through other regional offices of 
the Administration, at the request of such offices, that administer 
impacted Head Start agencies) to Head Start agencies in areas in which 
a major disaster has been declared, and to impacted Head Start 
agencies, to assist the agencies involved in providing Head Start 
services to children affected by Hurricane Katrina.

        Subtitle C--Relief for Elementary and Secondary Schools

SEC. 551. EDUCATION AND PUPIL SERVICES FOR ELEMENTARY AND SECONDARY 
              STUDENTS RELOCATED BECAUSE OF HURRICANE KATRINA.

    (a) In General.--From funds appropriated under this section, the 
Secretary of Education shall make grants to local educational agencies 
for fiscal years 2005 and 2006 for the purpose of facilitating the 
enrollment, attendance, and success in public elementary and secondary 
schools of relocated students.
    (b) Maximum Grant Amount.--The maximum amount of the grant a local 
educational agency may receive under this section for any fiscal year 
is--
            (1) the number of relocated students in the geographic area 
        served by the local educational agency, as determined by the 
        Secretary; multiplied by
            (2) $8,305.
    (c) Use of Funds.--Local educational agencies shall use funds 
received under this section for education and pupil services for 
relocated students who are enrolled in public schools served by the 
agency. Such services may include the following:
            (1) Outreach to families affected by Hurricane Katrina in 
        order to facilitate such families in enrolling relocated 
        students in school.
            (2) Hiring additional teachers, paraprofessionals, and 
        pupil services personnel required due to the enrollment of such 
        students.
            (3) Procurement of additional equipment and classroom 
        supplies required due to the enrollment of such students.
            (4) Procurement of additional classroom space required due 
        to the enrollment of such students.
            (5) Transportation services provided to such students.
            (6) Counseling and other mental health services for such 
        students.
    (d) Application.--To seek a grant under this section, a local 
educational agency shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may reasonably require.
    (e) School Lunches.--Notwithstanding any other provision of law, a 
relocated student is deemed eligible for free lunches under section 
9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 
1758(b)).
    (f) Reports.--Not later than 6 months after the date of the 
enactment of this Act, and every 6 months thereafter, the Secretary of 
Education shall submit reports to the appropriate committees of the 
Congress concerning the implementation of this section.
    (g) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for fiscal years 2005 and 2006. Amounts made available under the 
preceding sentence for fiscal year 2005 shall remain available for 
expenditure during fiscal year 2006.

SEC. 552. IMMEDIATE AID TO RESTART PUBLIC SCHOOL OPERATIONS.

    (a) Grants.--The Secretary of Education shall award grants to 
impacted local educational agencies for the purposes of--
            (1) providing immediate and direct assistance to impacted 
        local educational agencies;
            (2) assisting administrators and other personnel in such 
        agencies who are working to restart public elementary school 
        and secondary school operations; and
            (3) facilitating the reopening of public elementary schools 
        and secondary schools served by such agencies and the 
        reenrollment of students in such schools as soon as possible.
    (b) Amount.--The Secretary shall determine the amount of an 
impacted local educational agency's grant under this section based upon 
the agency's need for funds to fulfill the purposes described in 
subsection (a).
    (c) Use of Funds.--Each impacted local educational agency that 
receives a grant under this section shall use the grant to restart 
public elementary school and secondary school operations and resume the 
instruction that was halted as a result of Hurricane Katrina, which 
uses may include--
            (1) recovery of student and personnel data and other 
        information;
            (2) replacement of school district information systems, 
        including longitudinal data systems, including hardware and 
        software;
            (3) financial operations;
            (4) damage assessments, decontamination, and refurbishment 
        in the agency's school and administration buildings;
            (5) rental of portable classroom units and facilities;
            (6) replacement of instructional materials and equipment;
            (7) redeveloping instructional plans;
            (8) student transportation services;
            (9) continued payment of salaries and benefits to teachers 
        and other staff; and
            (10) such other activities as may be necessary to fulfill 
        the purposes described in subsection (a), including activities 
        authorized by title I of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6301 et seq.) and parts B and C of the 
        Individuals with Disabilities Act (20 U.S.C. 1411 et seq.).
    (d) Application.--To seek a grant under this section, an impacted 
local educational agency shall submit an application to the Secretary 
at such time, in such manner, and containing such information as the 
Secretary may reasonably require.
    (e) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $4,000,000,000 for fiscal year 
2006 and such sums as are necessary for fiscal year 2007.

SEC. 553. GRANTS FOR LEA'S SERVING RELOCATED CHILDREN WITH 
              DISABILITIES.

    (a) Grants.--The Secretary shall make grants to local educational 
agencies for the purpose of assisting public elementary schools and 
secondary schools in such agencies to provide special education and 
related services to students with disabilities who are relocated 
students in accordance with parts B and C of the Individuals with 
Disabilities Education Act (20 U.S.C. 1411 et seq.).
    (b) Maximum Amount.--The maximum amount of a grant to a local 
educational agency under this section for any fiscal year shall be--
            (1) the amount that is 40 percent of the average per-pupil 
        expenditure in public elementary schools and secondary schools 
        in the United States; multiplied by
            (2) the number of students with disabilities described in 
        subsection (a) who--
                    (A) are receiving special education and related 
                services from the agency; and
                    (B) are--
                            (i) 3 through 5 years of age if the State 
                        in which the agency is located is eligible for 
                        a grant under section 619 of the Individuals 
                        with Disabilities Education Act (20 U.S.C. 
                        1419); or
                            (ii) 6 through 21 years of age.
    (c) Use of Funds.--A local educational agency that receives funds 
under this section may use such funds, with respect to students with 
disabilities who are relocated students, for any purpose authorized 
under part B or C of the Individuals with Disabilities Education Act 
(20 U.S.C. 1411 et seq.).
    (d) Application.--To seek a grant under this section, a local 
educational agency shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may reasonably require.
    (e) Relation to IDEA.--Subject to any waivers granted by the 
Secretary, a local educational agency that receives funds under this 
section shall be subject to the same provisions that would apply to the 
receipt of such funds under part B or C of the Individuals with 
Disabilities Education Act (20 U.S.C. 1411 et seq.), except that this 
section shall not be interpreted to grant the Secretary any new waiver 
authority.
    (f) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $250,000,000 for fiscal year 
2006 and such sums as may be necessary for fiscal year 2007.

SEC. 554. ASSISTANCE FOR HOMELESS YOUTH.

    (a) In General.--The Secretary of Education shall provide 
assistance to local educational agencies serving homeless children and 
youths (as those terms are used in the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11421 et seq.)) who are relocated students, 
consistent with section 723 of such Act (42 U.S.C. 11433), including 
identification, enrollment assistance, assessment and school placement 
assistance, transportation, coordination of school services, supplies, 
and referrals for health, mental health, and other needs.
    (b) Exception and Distribution of Funds.--
            (1) Exception.--For purposes of providing assistance under 
        subsection (a), subsections (c) and (e)(1) of section 722 and 
        subsections (b) and (c) of section 723 of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11432(c) and (e)(1), 
        11433(b) and (c)) shall not apply.
            (2) Disbursement.--The Secretary of Education shall 
        disburse funding provided under subsection (a) to State 
        educational agencies based on need, as determined by the 
        Secretary, and such State educational agencies shall distribute 
        funds to local educational agencies based on demonstrated need, 
        for the purposes of carrying out section 723 of the McKinney-
        Vento Homeless Assistance Act (42 U.S.C. 11433).
    (c) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $50,000,000 for fiscal year 
2006.

SEC. 555. GRANTS FOR ACTIVITIES AT COMMUNITY LEARNING CENTERS.

    (a) Grants.--The Secretary shall make grants to eligible entities 
for the purpose of assisting such entities to carry out activities 
authorized by part B of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7171 et seq.).
    (b) Eligible Entity.--In this section, the term ``eligible entity'' 
means an eligible entity (as that term is defined in section 4201 of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171)) in 
a geographical area served by an impacted local educational agency or 
by a local educational agency that enrolls relocated students.
    (c) Maximum Amount.--The maximum amount of a grant to an eligible 
entity under this section for any fiscal year shall be--
            (1) the number of additional students expected to be served 
        by the entity as a result of Hurricane Katrina; multiplied by
            (2) $1000.
    (d) Use of Funds.--An eligible entity receiving funds under this 
section may use such funds for any purpose authorized under part B of 
title IV of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7171 et seq.).
    (e) Application.--To seek a grant under this section, an eligible 
entity shall submit an application at such time, in such manner, and 
containing such information as the Secretary may reasonably require.
    (f) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $400,000,000 for fiscal year 
2006 and such sums as may be necessary for fiscal year 2007.

SEC. 556. GRANTS FOR CONSTRUCTION, MODERNIZATION, OR REPAIR OF SCHOOL 
              FACILITIES.

    (a) Grants.--The Secretary of Education shall make grants to 
impacted local educational agencies and to local educational agencies 
that enroll relocated students for the purpose of constructing, 
modernizing, or repairing public kindergarten, elementary, and 
secondary educational facilities, including the appropriate portion of 
shared-use facilities, that are safe, healthy, and technology-ready.
    (b) Allowable Uses of Funds.--A grant under this section may be 
used for the following:
            (1) Construction of new public school facilities that 
        ensure the health and safety of students and staff, are energy-
        efficient, and include up-to-date educational technology 
        infrastructure, including where such construction is 
        economically or otherwise more feasible than large scale 
        modernization or repair of existing facilities.
            (2) Repair or modernization of public school facilities to 
        ensure the health and safety of students and staff, including--
                    (A) repairing, replacing, or installing roofs, 
                electrical wiring, plumbing systems, sewage systems, 
                windows, or doors;
                    (B) repairing, replacing, or installing heating, 
                ventilation, or air conditioning systems (including 
                insulation); and
                    (C) bringing public schools into compliance with 
                fire and safety codes.
            (3) Upgrading or installation of educational technology 
        infrastructure to ensure that students have access to up-to-
        date educational technology.
            (4) Upgrading school facilities to make them energy-
        efficient.
            (5) Modifications necessary to make public school 
        facilities accessible to comply with the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 
        504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), except 
        that such modifications shall not be the primary use of the 
        grant.
            (6) Asbestos abatement or removal from public school 
        facilities.
            (7) Implementation of measures designed to reduce or 
        eliminate human exposure to lead-based paint hazards though 
        methods including interim controls, abatement, or a combination 
        of each.
    (c) Application for Grant.--
            (1) Applications required.--To seek a grant under this 
        section, a local educational agency shall submit an application 
        to the Secretary as such time, in such manner, and containing 
        such information as the Secretary may reasonably require.
            (2) Application contents.--Each application described in 
        paragraph (1) shall contain--
                    (A) an assurance that the application was developed 
                in consultation with parents and classroom teachers, to 
                the extent practicable;
                    (B) a description of the overall condition of the 
                local educational agency's school facilities, including 
                health and safety problems;
                    (C) a description of the capacity of the local 
                educational agency's schools to house current and 
                projected enrollments;
                    (D) a description of the improvements to be 
                supported with funds provided under this section;
                    (E) a cost estimate of the proposed improvements;
                    (F) an identification of other resources that are 
                available to carry out the activities for which funds 
                are requested under this section;
                    (G) in the case of a local educational agency that 
                proposes to fund a construction, renovation, or repair 
                project for one or more public charter schools, the 
                extent to which the schools have access to funding for 
                the project through the financing methods available to 
                other public schools or local educational agencies in 
                the State; and
                    (H) such other information and assurances as the 
                Secretary may reasonably require.
    (d) Special Rule.--Each local educational agency receiving a grant 
under this section shall ensure that, if the agency carries out 
construction, modernization, or repair through a contract, the process 
for any such contract ensures the maximum number of qualified bidders, 
including small, minority, and women-owned businesses, through full and 
open competition.
    (e) Fair Wages.--All laborers and mechanics employed by contractors 
or subcontractors in the performance of any contract or subcontract for 
the repair, modernization, alteration, or construction, including 
painting and decorating, of any building or work that is financed in 
whole or in part by a grant under this section shall be paid wages not 
less than those determined by the Secretary of Labor in accordance with 
sections 3141 through 3144 and 3146 of title 40, United States Code 
(commonly known as the Davis-Bacon Act). The Secretary of Labor shall 
have the authority and functions set forth in Reorganization Plan No. 
14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 3145 of title 40, 
United States Code (commonly known as the Copeland Anti-Kickback Act). 
Notwithstanding any other provision of law, this section may not be 
waived or suspended.
    (f) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for each of fiscal years 2006 and 2007.

SEC. 557. KATRINA TEACHERS INCENTIVE PROGRAM.

    (a) In General.--The Secretary shall make grants to impacted local 
educational agencies for each of fiscal years 2005 and 2006 for the 
purpose of assisting such agencies--
            (1) to recruit new teachers and paraprofessionals; and
            (2) to return teachers and paraprofessionals previously 
        employed by the agencies to the classroom.
    (b) Use of Funds.--To achieve the purpose described in subsection 
(a), an impacted local educational agency that receives a grant under 
this section shall use the grant for one or more of the activities 
specified in section 2123 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6623).
    (c) Application.--To seek a grant under this section, an impacted 
local educational agency shall submit an application to the Secretary 
at such time, in such manner, and containing such information as the 
Secretary may reasonably require.
    (d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for fiscal years 2005 and 2006.

SEC. 558. EXPEDITED APPLICATIONS FOR TEACHER RECRUITMENT GRANTS.

    Section 204(c) of the Higher Education Act of 1965 (20 U.S.C. 
1024(c)) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) in the case of an eligible applicant located in an 
        area in which the President has declared that a major disaster 
        exists, in accordance with section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170), a request that the Secretary review the 
        application in an expedited manner.''.

SEC. 559. USE OF GRANT FUNDS FOR MAJOR DISASTERS.

    Section 204(d) of the Higher Education Act of 1965 (20 U.S.C. 
1024(d)) is amended--
            (1) by striking ``or'' at the end of paragraph (1)(C);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) in the case of an eligible applicant located in an 
        area in which the President has declared that a major disaster 
        exists, in accordance with section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170), such applicant shall use the grant funds to 
        provide student loan forgiveness, housing assistance, and other 
        services that will provide incentives for highly qualified 
        teachers and administrators to remain in or relocate to the 
        area affected by such major disaster.''.

        Subtitle D--Relief for Institutions of Higher Education

SEC. 561. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--The Congress finds the following:
            (1) Approximately 30 institutions of higher education in 
        the Gulf Coast region, serving approximately 100,000 students, 
        directly sustained damage from Hurricane Katrina.
            (2) The approximately 30 institutions of higher education 
        in the Gulf Coast region impacted by Hurricane Katrina employed 
        approximately 30,000 faculty, administrators, and staff.
            (3) Revitalizing institutions of higher education in the 
        Gulf Coast region will be a vital element in attracting middle 
        and upper income families back to the Gulf Coast region, and in 
        ensuring sustained economic recovery for the region's lower 
        income families.
            (4) Revitalizing the Gulf Coast economy will depend on 
        providing a highly skilled workforce.
            (5) The return of qualified academic professionals and 
        administrators is a vital element in the revitalization of 
        affected institutions of higher education in the Gulf Coast 
        region.
            (6) Students from throughout the Nation who attend 
        institutions of higher education in the Gulf Coast region, and 
        their families, contribute significantly to the local economy.
            (7) Many of the scientific, health, technology, and 
        cultural industries of the Gulf Coast region are dependant on 
        local institutions of higher education.
            (8) Hundreds of other institutions of higher education 
        throughout America and their students are accommodating victims 
        of Hurricane Katrina.
    (b) Sense of Congress.--It is the sense of Congress that the 
assistance provided under this subtitle to revitalize affected 
institutions of higher education in the Gulf Coast region is a first 
step toward revitalizing and restoring the economic, social, and 
cultural prosperity of the entire Gulf Coast region.

SEC. 562. INSTITUTIONAL GRANTS FOR RECRUITMENT AND RETENTION.

    (a) Purpose.--The purpose of this section is to support affected 
institutions of higher education in their efforts to revitalize their 
communities following Hurricane Katrina.
    (b) Program Authorized.--
            (1) Authority.--The Secretary shall award grants to 
        institutions of higher education adversely affected by the 
        Hurricane Katrina disaster to assist the affected institutions 
        in recruiting and retaining students and retaining faculty. The 
        Secretary shall award grants under this section as soon as 
        possible, but no later than 6 months after the date of the 
        enactment of this Act.
            (2) Duration; limitation.--Each grant awarded to an 
        affected institution under this section shall be awarded for a 
        period of 5 years, and may not be renewed. An affected 
        institution may not receive more than one grant under this 
        section.
            (3) Use of funds.--
                    (A) Aid to students.--Not less than 50 percent of 
                the funds made available by a grant under this section 
                shall be used by an affected institution to provide 
                need-based aid to students attending the affected 
                institution for academic year 2005-2006 and each of the 
                4 succeeding academic years, for purposes of attracting 
                new and returning students to enroll in such affected 
                institution. Such need-based aid may include--
                            (i) assisting enrolled students with 
                        tuition, fees, and textbook expenses;
                            (ii) employing enrolled students to assist 
                        in rebuilding facilities of the affected 
                        institution;
                            (iii) providing room and board assistance 
                        for enrolled students living on campus;
                            (iv) attracting and retaining first-
                        generation students, minority students, and 
                        other at-risk or underserved populations;
                            (v) creating innovative work and study 
                        incentives for enrolled students; and
                            (vi) any other aid deemed necessary by the 
                        institution and approved by the Secretary.
                    (B) Incentives for faculty.--Not more than 50 
                percent of the funds made available by a grant under 
                this section shall be used by an affected institution 
                to provide incentives for faculty employed by an 
                affected institution to remain in the Gulf Coast region 
                at such affected institution or, if such affected 
                institution is unable to continue to employ such 
                faculty, at another affected institution. Such 
                incentives may include--
                            (i) employing returning faculty to assist 
                        in rebuilding facilities of the affected 
                        institution;
                            (ii) developing and providing temporary 
                        housing for returning faculty and their 
                        dependents who have been displaced from their 
                        homes;
                            (iii) continuing salaries and health 
                        benefits for returning faculty for up to one 
                        year;
                            (iv) providing tuition assistance for 
                        returning faculty and their dependents;
                            (v) creating innovative work and research 
                        incentives for returning faculty; and
                            (vi) any other incentives deemed necessary 
                        by the institution and approved by the 
                        Secretary.
                    (C) Institutional promotion.--Not more than 5 
                percent of the funds made available by a grant under 
                this section shall be used by an affected institution 
                to promote the institution at job and college fairs, 
                and through the media.
            (4) Prevailing wages.--Wages paid, for purposes of 
        rebuilding an affected institution's facilities under paragraph 
        (3)(A)(ii) or paragraph (3)(B)(i), to students or faculty in 
        whole or in part with grant funds received under this section 
        for employment as laborers, mechanics, or service employees 
        shall be paid at rates not less than those prevailing in the 
        locality as determined by the Secretary of Labor in accordance 
        with sections 3141, 3142, and 3145 of title 40, United States 
        Code, or section 351 of title 41, United States Code, as the 
        case may be. Notwithstanding any other provision of law, the 
        requirements of this paragraph shall not be waived or 
        suspended.
    (c) Applications.--An institution of higher education desiring a 
grant under this section shall submit an application to the Secretary 
within 90 days of the date of enactment of this Act, in such manner and 
accompanied by such information as the Secretary may require. Each 
application shall--
            (1) demonstrate that the institution is an affected 
        institution as defined in section 566;
            (2) specify the amount of grant funds requested;
            (3) demonstrate the need of the institution for such grant 
        by including in the application--
                    (A) evidence that, as a result of a Hurricane 
                Katrina disaster, the institution suffered a direct and 
                significant economic impact and a decline in student 
                enrollment, hindering the institution's ability to 
                continue full operation;
                    (B) evidence that, as a result of a Hurricane 
                Katrina disaster, the institution lost resources 
                necessary to retain faculty, hindering the 
                institution's ability to continue full operation;
                    (C) an assessment of damage to the infrastructure 
                of the institution as a result of a Hurricane Katrina 
                disaster;
                    (D) information regarding additional needs created 
                by a Hurricane Katrina disaster; and
                    (E) other relevant data; and
            (4) contain a description of the institution's plan to 
        carry out the purposes of this section.
    (d) Priority.--The Secretary shall give priority in awarding grants 
under this section to affected institutions most in need, as determined 
by the Secretary.
    (e) Reporting Requirements; Reviews.--
            (1) Reports.--Each affected institution receiving a grant 
        under this section shall report to the Secretary no later than 
        September 30 of each year of the 5-year period for which the 
        grant is awarded.
            (2) Contents.--The report shall include--
                    (A) data on the populations served under this 
                section;
                    (B) a description of the use of the grant funds 
                received under this section, including a description of 
                programs developed with such funds;
                    (C) a financial statement accounting for the use of 
                the grant funds; and
                    (D) data on the impact of the grant on enrollment 
                and retention at the institution, including data on the 
                numbers and percentages of new and returning students, 
                and the number and percentage of faculty that have been 
                retained.
            (3) Reviews.--The Secretary shall conduct periodic reviews 
        to ensure that grant funds are being properly managed, and that 
        the programs using such funds are achieving their intended 
        outcomes.
    (f) Availability of Funds.--There shall be available to the 
Secretary to carry out this section, from funds not otherwise 
appropriated, $3,000,000,000 for fiscal year 2006, which shall remain 
available through fiscal year 2010.

SEC. 563. LOAN FORGIVENESS.

    (a) Statement of Purpose.--The purpose of this section is to 
encourage students to continue attending, and to earn degrees from, 
affected institutions of higher education.
    (b) Program Authorized.--The Secretary shall carry out a program, 
through the holder of the loan, of assuming the obligation to repay a 
qualified loan amount for a loan made under part B of title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1040), and of canceling the 
obligation to repay a qualified loan amount for a loan made under part 
D or E of such title IV, in accordance with subsection (c), for any 
borrower, who--
            (1) returns to or enrolls in an affected institution of 
        higher education in academic year 2005-2006, 2006-2007, or 
        2007-2008;
            (2) obtains an associate's degree or a bachelor's degree 
        from such institution; and
            (3) is not in default on a loan for which the borrower 
        seeks forgiveness.
    (c) Qualified Loan Amount.--
            (1) Associate's degree.--Upon completion of an associate's 
        degree from an affected institution, the Secretary shall 
        repay--
                    (A) in the case of a full-time student, $2,500 for 
                each academic year of enrollment at such affected 
                institution; or
                    (B) in the case of a student enrolled less than 
                full-time, $2,500 for the equivalent of one academic 
                year of enrollment as a full-time student at such 
                affected institution, as determined by the Secretary;
        not to exceed $5,000.
            (2) Bachelor's degree.--Upon completion of a bachelor's 
        degree from an affected institution, the Secretary shall 
        repay--
                    (A) in the case of a full-time student, $2,500 for 
                each academic year of enrollment at such affected 
                institution; or
                    (B) in the case of a student enrolled less than 
                full-time, $2,500 for the equivalent of one academic 
                year of enrollment as a full-time student at such 
                affected institution, as determined by the Secretary;
        not to exceed $10,000.
            (3) Limitation.--The Secretary shall repay not more than 
        the total outstanding Federal loan obligation of the student, 
        or $10,000, whichever is less.
            (4) Prevention of abuse.--The Secretary is authorized to 
        issue such regulations as may be necessary to prevent borrowers 
        from receiving repayment under this section for an excessive 
        period of enrollment in comparison to the enrollment period 
        which the Secretary determines is appropriate to obtain an 
        associate's or a bachelor's degree.
            (5) Academic year of enrollment.--For the purpose of 
        calculating loan repayment under this section, the term 
        ``academic year of enrollment'' means the academic year in 
        which an affected institution reopens, or any subsequent 
        academic year.
    (d) Priority.--The Secretary shall give priority in awarding grants 
under this section to students most in need, as determined by the 
Secretary.
    (e) Construction.--Nothing in this section shall be construed to 
authorize any refunding of any repayment of a loan.
    (f) Availability of Funds.--There shall be available to the 
Secretary to carry out this section, from funds not otherwise 
appropriated, $1,600,000,000 for fiscal year 2006, which shall remain 
available through fiscal year 2013.

SEC. 564. REGULATIONS.

    The Secretary is authorized to issue such regulations as may be 
necessary to carry out the provisions of this subtitle.

SEC. 565. EMERGENCY DESIGNATIONS.

    Sections 562 and 563 are designated as emergency requirements 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

SEC. 566. DEFINITIONS.

     For the purposes of this subtitle:
            (1) Affected institution.--The term ``affected 
        institution'' means an institution of higher education (as 
        defined in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002))--
                    (A) located in an area affected by a Hurricane 
                Katrina disaster; and
                    (B) that was forced to close, relocate, or 
                significantly curtail its activities as a result of 
                damage directly sustained by a Hurricane Katrina 
                disaster.
            (2) Faculty.--The term ``faculty'' means academic 
        professionals, administrators, and staff employed by an 
        affected institution as of August 29, 2005.
            (3) Hurricane katrina disaster.--The term ``Hurricane 
        Katrina disaster'' means a major disaster that the President 
        declared to exist, in accordance with section 401 of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170), and that was caused by Hurricane Katrina.
            (4) Area affected by a hurricane katrina disaster.--The 
        term ``area affected by a Hurricane Katrina disaster'' means a 
        county or parish, in an affected State, that has been 
        designated by the Federal Emergency Management Agency for 
        disaster assistance for individuals and households as a result 
        of Hurricane Katrina.
            (5) Affected state.--The term ``affected State'' means the 
        State of Alabama, Louisiana, or Mississippi.

                        TITLE VI--VOTING RIGHTS

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Displaced Citizens Voter 
Protection Provisions of 2005''.

SEC. 602. APPLICABILITY OF PROTECTIONS FOR ABSENT MILITARY AND OVERSEAS 
              VOTERS TO KATRINA EVACUEES.

    (a) Right of Katrina Evacuees to Use Absentee Balloting and 
Registration Procedures Available to Military and Overseas Voters.--In 
the case of any individual who is an eligible Hurricane Katrina 
evacuee--
            (1) the individual shall be treated in the same manner as 
        an absent uniformed services voter and overseas voter for 
        purposes of the Uniformed and Overseas Citizens Absentee Voting 
        Act (42 U.S.C. 1973ff et seq.), other than section 103(b)(1) 
        (42 U.S.C. 1973ff-2(b)(1)); and
            (2) the individual shall be deemed to be an individual who 
        is entitled to vote by absentee ballot for purposes of the 
        National Voter Registration Act of 1993 and the Help America 
        Vote Act of 2002.
    (b) Definition.--For purposes of this section, the term ``eligible 
Hurricane Katrina evacuee'' means an individual--
            (1) who certifies to the appropriate State election 
        official that the individual is absent from the place of 
        residence where the individual is otherwise qualified to vote 
        as a result of evacuation from an area affected by Hurricane 
        Katrina; and
            (2) who provides the official with an affidavit stating 
        that the individual intends to return to such place of 
        residence after the election or elections involved.
    (c) Requiring Designated Voter Registration Agencies to Notify 
Displaced Individuals of Availability of Protections.-- Each motor 
vehicle authority in a State and each voter registration agency 
designated in a State under section 7(a) of the National Voter 
Registration Act of 1993 shall take such steps as may be necessary to 
notify individuals to whom services are provided of the protections 
provided by this section and of the requirements for obtaining those 
protections, including the requirement to submit an affidavit stating 
that the individual intends to return to the place of residence where 
the individual is otherwise qualified to vote.
    (d) Effective Date.--This section shall apply with respect to 
elections for Federal office held in calendar years 2006 through 2008.

SEC. 603. GRANTS TO STATES FOR RESTORING AND REPLACING ELECTION 
              ADMINISTRATION SUPPLIES, MATERIALS, AND EQUIPMENT DAMAGED 
              BY HURRICANE KATRINA.

    (a) Authority to Make Grants.--The Election Assistance Commission 
shall make a grant to each eligible State, in such amount as the 
Commission considers appropriate, for purposes of restoring and 
replacing supplies, materials, equipment, and voting records used in 
elections in the State which were damaged as a result of Hurricane 
Katrina.
    (b) Eligibility.--A State is eligible to receive a grant under this 
section if it submits to the Commission (at such time and in such form 
as the Commission may require) a certification that supplies, 
materials, equipment, and voting records used in the State were damaged 
as a result of Hurricane Katrina.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2006 for grants under this section 
$50,000,000, to remain available until expended.

                TITLE VII--FINANCIAL SERVICES PROVISIONS

SEC. 701. HURRICANE KATRINA REGULATORY RELIEF.

    (a) Written Guidance and Forbearance Policy.--Federal financial 
institution regulatory agencies shall--
            (1) provide written guidance for financial institutions in 
        implementing the voluntary moratorium described in subsection 
        (b), and any other permissible forbearance, to ensure that such 
        financial institutions are not negatively impacted by acting in 
        accordance with the intention of the Congress; and
            (2) take this forbearance policy into consideration as they 
        examine or audit the financial status of regulated financial 
        institutions.
    (b) Voluntary Policy to Provide Relief for Consumers Affected by 
Hurricane Katrina.--It is the sense of the Congress that--
            (1) a voluntary moratorium on the payment of both principal 
        and interest, by those who are not in a position to pay, on 
        unsecured loans and other extensions of credit made or extended 
        before August 28, 2005, including small business and consumer 
        loans, should be recognized by creditors for a 1-year period 
        beginning on August 28, 2005, with respect to borrowers who as 
        of such date resided in, or whose businesses were located 
        within, an area adversely affected by Hurricane Katrina;
            (2) creditors should refrain from negative reporting with 
        respect to any loans described in paragraph (1) to any consumer 
        reporting agency during the 1-year period described in such 
        paragraph;
            (3) during the 1-year period beginning on the date of the 
        enactment of this Act--
                    (A) all operators of automated teller machines 
                should waive any fees or surcharges for use of such 
                machines by consumers who are not customers of such 
                operators; and
                    (B) all depository institutions and insured credit 
                unions should waive any fees or surcharges on consumers 
                who are customers of any such depository institution or 
                credit union for use by the customers of automated 
                teller machines that are not operated by the depository 
                institution or credit union;
            (4) during the 1-year period beginning on the date of the 
        enactment of this Act, it is vital that insured depository 
        institutions and insured credit unions continue to provide 
        financial services to consumers displaced or otherwise 
        adversely affected by Hurricane Katrina, which includes the 
        cashing of Federal government assistance and benefit checks;
            (5) during the 1-year period beginning on the date of the 
        enactment of this Act, depository institutions should 
        voluntarily waive any limitation on the availability of funds 
        deposited by consumers in the form of insurance claim checks 
        that is otherwise authorized to be imposed under the Expedited 
        Funds Availability Act; and
            (6) all creditors should waive any fees for late periodic 
        payments on any outstanding balance in any credit card account 
        under an open end consumer credit plan (as such terms are 
        defined in the Truth in Lending Act) when the consumer proffers 
        evidence that the late payment was due to--
                    (A) an interruption of mail with respect to the 
                payment itself or the receipt by the consumer of a 
                billing statement; or
                    (B) the customer's inability to access funds on 
                deposit in any depository institution or credit union.

SEC. 702. FLEXIBILITY IN CAPITAL AND NET WORTH STANDARDS FOR SMALL 
              AFFECTED INSTITUTIONS.

    (a) In General.--Notwithstanding section 38 of the Federal Deposit 
Insurance Act, section 216 of the Federal Credit Union Act, or any 
other provision of Federal law, during the 5-year period beginning on 
the date of enactment of this Act, the appropriate Federal banking 
agency and the National Credit Union Administration may forbear from 
taking any action required under any such section or provision, on a 
case-by-case basis, with respect to any undercapitalized insured 
depository institution or undercapitalized insured credit union that is 
not significantly or critically undercapitalized, if such agency or 
Administration determines that--
            (1) the insured depository institution or insured credit 
        union maintains its principal place of business within a 
        qualified disaster area;
            (2) the total assets of the insured depository institution 
        or insured credit union as of August 27, 2005, was less than 
        $500,000,000;
            (3) the insured depository institution or insured credit 
        union derives more than 50 percent of its total deposits from 
        persons who normally reside within, or whose principal place of 
        business is normally within, a qualified disaster area;
            (4) the insured depository institution or insured credit 
        union was adequately or well capitalized as of August 28, 2005;
            (5) the reduction in the capital or net worth category of 
        the insured depository institution or insured credit union is a 
        direct result of Hurricane Katrina; and
            (6) forbearance from any such action--
                    (A) would facilitate the recovery of the insured 
                depository institution or insured credit union from the 
                disaster in accordance with a recovery plan or a 
                capital or net worth restoration plan established by 
                such depository institution or credit union; and
                    (B) would be consistent with safe and sound 
                practices.
    (b) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Capital and net worth categories defined.--The terms 
        relating to capital categories for insured depository 
        institutions have the same meaning as in section 38(b)(1) of 
        the Federal Deposit Insurance Act and the terms relating to net 
        worth categories for insured credit unions have the same 
        meaning as in section 216(c)(1) of the Federal Credit Union 
        Act.
            (2) Qualified disaster area.--The term ``qualified disaster 
        area'' means any area within Alabama, Louisiana, or Mississippi 
        in which the President, pursuant to section 401 of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act, has 
        determined, on or after August 28, 2005, that a major disaster 
        exists due to Hurricane Katrina.

SEC. 703. WAIVER OF FEDERAL RESERVE BOARD FEES FOR CERTAIN SERVICES.

    Notwithstanding section 11A of the Federal Reserve Act or any other 
provision of law, during the 1-year period beginning on the date of the 
enactment of this Act, a Federal reserve bank shall waive or rebate any 
transaction fee for wire transfer services that otherwise would be 
imposed on any insured depository institution or insured credit union 
that--
            (1) as of August 28, 2005, was headquartered in a qualified 
        disaster area (as defined in section 702(b)(2)); and
            (2) as of August 27, 2005, had total assets of less than 
        $500,000,000.

SEC. 704. WAIVER OF CERTAIN LIMITATION ON CERTAIN BANK INVESTMENTS TO 
              PROMOTE THE PUBLIC WELFARE.

    (a) National Banks.--Investments described in the first sentence of 
the paragraph designated ``Eleventh'' of section 5136 of the Revised 
Statutes of the United States (12 U.S.C. 24) that are made by a 
national bank in a qualified disaster area (as defined in section 
702(b)(2)) shall not be taken into account for purposes of any 
limitations contained in such paragraph on the aggregate amount of such 
investments.
    (b) State Banks.--Investments described in the first sentence of 
the 23rd undesignated paragraph of section 9 of the Federal Reserve Act 
(12 U.S.C. 338) that are made by a State member bank in a qualified 
disaster area (as defined in section 702(b)(2)) shall not be taken into 
account for purposes of any limitations contained in such paragraph on 
the aggregate amount of such investments.

SEC. 705. EMERGENCY AUTHORITY TO GUARANTEE CHECKS CASHED FOR VICTIMS OF 
              HURRICANE KATRINA.

    (a) FDIC.--
            (1) In general.--Subject to subsection (d), the Federal 
        Deposit Insurance Corporation shall establish, in accordance 
        with emergency guidance issued by the Board of Governors of the 
        Federal Reserve System under subsection (d)(1), an emergency 
        program under which an insured depository institution may 
        obtain, subject to subsection (d)(2), a commitment from the 
        Corporation to indemnify the insured depository institution for 
        any loss suffered by the institution through cashing a check or 
        share draft that--
                    (A) is presented for payment by any individual who, 
                as of August 28, 2005, resided in the State of Alabama, 
                Mississippi, or Louisiana in an area in which the 
                President, pursuant to section 401 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act, 
                determined, on or after August 28, 2005, that a major 
                disaster exists due to Hurricane Katrina; and
                    (B) is subsequently uncollectible,
        in an amount not to exceed $2,000 for each such check or share 
        draft.
            (2) Source of funds for payments.--Any payments required to 
        be made by the Corporation pursuant to a commitment under 
        paragraph (1) to an insured depository institution shall be 
        drawn from funds available for such purposes under subsection 
        (c).
    (b) NCUA.--
            (1) In general.--Subject to subsection (d), the National 
        Credit Union Administration shall establish, in accordance with 
        emergency guidance issued by the Board under subsection (d)(1), 
        an emergency program under which an insured credit union may 
        obtain, subject to subsection (d)(2), a commitment from the 
        Administration to indemnify the insured credit union for any 
        loss suffered by the credit union through cashing a share draft 
        or check that--
                    (A) is presented for payment by any individual who, 
                as of August 28, 2005, resided in the State of Alabama, 
                Mississippi, or Louisiana in an area in which the 
                President, pursuant to section 401 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act, 
                determined, on or after August 28, 2005, that a major 
                disaster exists due to Hurricane Katrina; and
                    (B) is subsequently uncollectible,
        in an amount not to exceed $2,000 for each such check or share 
        draft
            (2) Source of funds for payments.--Any payments required to 
        be made by the National Credit Union Administration pursuant to 
        a commitment under paragraph (1) to an insured credit union 
        shall be drawn from funds available for such purposes under 
        subsection (c).
            (3) Limited extension of check cashing services.--
        Notwithstanding any limitation in section 107(12) of the 
        Federal Credit Union Act with regard to field of membership, an 
        insured credit union may cash any check presented for payment 
        by any individual described in paragraph (1)(A).
    (c) Reimbursement From Federal Reserve Surpluses.--Section 7(b) of 
the Federal Reserve Act (12 U.S.C. 289(b)) is amended by adding at the 
end the following new paragraph:
            ``(4) Additional transfers to cover certain relief efforts 
        resulting from hurricane katrina.--
                    ``(A) In general.--Subject to subparagraph (C), 
                from the surplus funds of the Federal reserve banks 
                maintained pursuant to subsection (a)(2), the Federal 
                reserve banks shall transfer to the Board of Governors 
                of the Federal Reserve System for transfer to the 
                Federal Deposit Insurance Corporation and the National 
                Credit Union Administration, such sums as are necessary 
                to meet any payments required under subsection (a)(1) 
                or (b)(1). In the event that the total amount of 
                requests for indemnification received by the Federal 
                Deposit Insurance Corporation and the National Credit 
                Union Administration exceed the maximum amount 
                specified under subparagraph (C), the sums transferred 
                to the Federal Deposit Insurance Corporation and the 
                National Credit Union Administration, respectively, 
                shall be in proportion to the amount of payments 
                required under subsection (a)(1) and (b)(1), 
                respectively.
                    ``(B) Allocation by federal reserve board.--Of the 
                total amount required to be paid by the Federal reserve 
                banks, the Board of Governors of the Federal Reserve 
                System shall determine the amount each such bank shall 
                pay.
                    ``(C) Maximum amount.--The total amount transferred 
                under subparagraph (A) from all Federal reserve banks 
                shall not exceed $200,000,000.
                    ``(D) Replenishment of surplus fund prohibited.--No 
                Federal reserve bank may replenish such bank's surplus 
                fund by the amount of any transfer by such bank under 
                subparagraph (A).''.
    (d) Emergency Guidance and Limitations.--
            (1) In general.--The Board, after consulting the Federal 
        Deposit Insurance Corporation and the National Credit Union 
        Administration, shall, upon the enactment of this Act, promptly 
        issue appropriate guidance--
                    (A) to carry out the purposes of this section and 
                administer the programs established in accordance with 
                this section;
                    (B) to reduce the incidence of fraud and any other 
                cause of loss to the greatest extent possible, 
                consistent with the purpose of this Act;
                    (C) to require insured depository institutions and 
                insured credit unions to exercise due diligence in 
                determining the eligibility of any check presented by 
                any individual for indemnification under this section, 
                including such measures as verification of Social 
                Security numbers and other identifying information as 
                the Board may determine to be practicable;
                    (D) to provide insured depository institutions and 
                insured credit unions with reasonable guidance, in 
                light of the emergency circumstances presented by 
                Hurricane Katrina, so as to meet the requirements for 
                indemnification under this section, including the 
                sharing of information on checks that have been 
                presented for indemnification; and
                    (E) notwithstanding any Federal or State law, to 
                provide for the right of the Board of Governors of the 
                Federal Reserve System, on behalf of the Federal 
                reserve banks and through the Federal Deposit Insurance 
                Corporation and the National Credit Union 
                Administration, to recover from any insured depository 
                institution or insured credit union the amount of any 
                indemnification paid to such depository institution or 
                credit union with respect to any check, to the extent 
                of the amount so paid, if the insured depository 
                institution or insured credit union collects on the 
                check.
            (2) Compliance with guidance condition.--The emergency 
        guidance issued under paragraph (1) shall require any insured 
        depository institution or insured credit union seeking a 
        commitment under subsection (a)(1) or (b)(1) to demonstrate 
        that the institution or credit union is in compliance with the 
        guidance in such manner as the Board determines to be 
        appropriate and practicable.
            (3) Per individual per institution limitation.--No specific 
        insured depository institution or insured credit union may be 
        indemnified for losses in excess of $2,000 with respect to 
        checks and share drafts presented by any one individual.
    (e) Definitions.--For purposes of this Act, the following 
definitions shall apply:
            (1) Board.--The term ``Board'' means the Board of Governors 
        of the Federal Reserve System.
            (2) Insured credit union.--The term ``insured credit 
        union'' has the same meaning as in section 101 of the Federal 
        Credit Union Act.
            (3) Insured depository institution.--The term ``insured 
        depository institution'' has the same meaning as in section 3 
        of the Federal Deposit Insurance Act.
    (f) Rule of Construction.--No provision of this section shall be 
construed as affecting any right or obligation of an insured depository 
institution or insured credit union to take any action against any 
person in connection with a fraudulent check, a fraudulent negotiation 
of a check, or any other wrongful act.
    (g) Effective Date.--
            (1) In general.--Subject to paragraph (2), the provisions 
        of this section shall apply to checks or share drafts presented 
        to an insured depository institution or an insured credit union 
        during the period beginning on August 28, 2005, and ending 
        August 28, 2006.
            (2) Limited extension.--The period described in paragraph 
        (2) may be extended once for an additional 180 days if--
                    (A) the Board, after consulting with the Federal 
                Deposit Insurance Corporation and the National Credit 
                Union Administration, determines that the continuing 
                impact of Hurricane Katrina on financial intermediation 
                between consumers and financial institutions, on 
                payment networks, and on other forms of communication 
                require an extension of the programs established under 
                this section in order to continue to meet the immediate 
                needs of victims of the disaster; and
                    (B) notice of such determination is published in 
                the Federal Register at least 5 days before the end of 
                the period described in paragraph (1).

SEC. 706. TECHNICAL ASSISTANCE FOR MINORITY INSTITUTIONS.

    (a) Minority Depository Institutions.--
            (1) In general.--The Federal Deposit Insurance Corporation 
        and the Director of the Office of Thrift Supervision shall 
        provide such technical assistance to minority financial 
        institutions affected by Hurricane Katrina as may be 
        appropriate to preserve the safety and soundness of such 
        financial institutions, prevent the insolvency of such 
        institutions, and enable the institutions to recovery from the 
        adverse financial impact of Hurricane Katrina on the customers 
        of the institutions, the assets of the institutions, and any 
        real and personal property securing such assets.
            (2) Minority institution defined.--For purposes of this 
        subsection, the term ``minority financial institution'' has the 
        same meaning as in section 308(b) of the Financial Institutions 
        Reform, Recovery, and Enforcement Act of 1989.
    (b) Minority Credit Unions.--
            (1) In general.--The National Credit Union Administration 
        shall provide such technical assistance to minority credit 
        unions affected by Hurricane Katrina as may be appropriate to 
        preserve the safety and soundness of such credit unions, 
        prevent the insolvency of such credit unions, and enable the 
        credit unions to recovery from the adverse financial impact of 
        Hurricane Katrina on the customers of the credit unions, the 
        assets of the credit unions, and any real and personal property 
        securing such assets.
            (2) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    (A) Minority credit union.--The term ``minority 
                credit union'' means an insured credit union--
                            (i) of which a majority of the share draft 
                        account holders are predominately minority; or
                            (ii) in the case of community development 
                        credit union, the community served by the 
                        credit union is predominantly minority
                    (B) Minority.--The term ``minority'' has the same 
                meaning as in section 308(b)(2) of the Financial 
                Institutions Reform, Recovery, and Enforcement Act of 
                1989.

SEC. 707. IMPLEMENTING KATRINA DISASTER RELIEF THROUGH THE CDFI FUND.

    (a) Authorization of Appropriations.--In addition to amounts 
appropriated to the Community Development Financial Institutions Fund 
(hereafter in this section referred to as the ``Fund'') for fiscal year 
2006 to carry out the purposes of the Community Development Banking and 
Financial Institutions Act of 1994, there are authorized to be 
appropriated to the Fund (which may be derived by transfer from funds 
appropriated for ``Disaster Relief'' in Public Law 109-62), such sums 
as may be necessary for fiscal year 2006 to carry out such Act for the 
purposes of, and in the manner provided in, this section.
    (b) Assistance Provided by the Fund for Hurricane Katrina 
Assistance.--
            (1) In general.--Amounts appropriated pursuant to the 
        authorization under subsection (a) shall be available to the 
        Fund under the Community Development Banking and Financial 
        Institutions Act of 1994 for the purposes of such Act, 
        including technical and training assistance, awards under the 
        Bank Enterprise Act of 1991, equity investments, deposits, and 
        other forms of financial assistance to community development 
        financial institutions, in accordance with paragraph (2).
            (2) Adjustments to criteria.--In providing assistance under 
        paragraph (1), the Community Development Banking and Financial 
        Institutions Act of 1994 shall be applied with the following 
        adjustments:
                    (A) Designation of assisted areas.--Notwithstanding 
                section 107(b) of the Community Development Banking and 
                Financial Institutions Act of 1994, the Fund shall 
                limit the selection of community development financial 
                institution applicants for assistance pursuant to this 
                section to any financial institution that--
                            (i) is located in a Hurricane Katrina 
                        affected area; or
                            (ii) demonstrates to the satisfaction of 
                        the Fund that the financial institution has the 
                        ability to provide capital, credit or financial 
                        services within the Hurricane Katrina affected 
                        area.
                    (B) Waiver of matching requirements.--In the case 
                of an applicant with severe constraints on available 
                sources of matching funds, the Fund may reduce or waive 
                the matching requirements of section 108(e)(1) of the 
                Community Development Banking and Financial 
                Institutions Act of 1994 for such applicant for 
                purposes of this subsection.
                    (C) Waiver of limitations on certain forms of 
                assistance.--The limitation contained in section 113(c) 
                of the Community Development Banking and Financial 
                Institutions Act of 1994 shall not apply to assistance 
                provided under this subsection in accordance with 
                section 113 of such Act.
                    (D) Application of bank enterprise act of 1991.--In 
                making assistance under this subsection available in 
                the manner provided in section 114 of the Community 
                Development Banking and Financial Institutions Act of 
                1994, the Bank Enterprise Act of 1991 shall be applied 
                under section 114(a)(2)--
                            (i) by substituting ``Hurricane Katrina 
                        affected area'', as defined in paragraph (3), 
                        for ``qualified distressed community''; and
                            (ii) with respect to life line accounts, by 
                        taking into account only life line accounts 
                        offered in an Hurricane Katrina affected area.
            (3) Hurricane katrina affected area defined.--For purposes 
        of this section, the term ``Hurricane Katrina affected area'' 
        means any county (as defined in section 2 of title 1, United 
        States Code) that--
                    (A) is within an area in which the President, 
                pursuant to section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act, has 
                determined, on or after August 28, 2005, that a major 
                disaster exists due to Hurricane Katrina; and
                    (B) has been designated by the Federal Emergency 
                Management Agency as an area in which public assistance 
                or individual assistance is available as a result of 
                Hurricane Katrina.

     TITLE VIII--EXPANDED OPPORTUNITY AND SMALL BUSINESS PROVISIONS

                    Subtitle A--Expanded Opportunity

SEC. 801. REINSTATEMENT OF DAVIS-BACON WAGE REQUIREMENTS.

    Notwithstanding the proclamation by the President dated September 
8, 2005, or any other provision of law, the provisions of subchapter IV 
of chapter 31 of title 40, United States Code (and the provisions of 
all other related Acts to the extent they depend upon a determination 
by the Secretary of Labor under section 3142 of such title, whether or 
not the President has the authority to suspend the operation of such 
provisions), shall apply to all contracts to which such provisions 
would otherwise apply that are entered into on or after the date of 
enactment of this Act, to be performed in the counties affected by 
Hurricane Katrina and described in such proclamation.

SEC. 802. INCREASED PROCUREMENT GOAL FOR CERTAIN FEDERAL CONTRACTS FOR 
              RECOVERY FROM HURRICANE KATRINA.

    For purposes of section 15(g)(1) of the Small Business Act (15 
U.S.C. 644 (g)(1)), the Government wide goal for participation by small 
business concerns owned and controlled by socially and economically 
disadvantaged individuals in Federal contracts for recovery and 
reconstruction activities related to Hurricane Katrina shall be 15 
percent.

SEC. 803. LOCAL PARTICIPATION GOAL FOR PARTICIPATION IN FEDERAL 
              PROCUREMENT CONTRACTS IN AREAS AFFECTED BY HURRICANE 
              KATRINA.

    (a) Procurement Goal.--There is hereby established a Government-
wide goal for procurement contracts awarded to local businesses in any 
area affected by Hurricane Katrina. For fiscal years 2005, 2006, and 
2007, the goal shall be 30 percent of the total value of all prime 
contract and subcontract awards for each such fiscal year. The goal 
established under this section shall be treated and administered in the 
same manner as goals established under section 15(g)(1) of the Small 
Business Act (15 U.S.C. 644(g)(1)).
    (b) Local Business Defined.--In this section, the term ``local 
business'' means any business owned by a person residing in or 
incorporated in any area affected by Hurricane Katrina.

SEC. 804. REQUIREMENT FOR HURRICANE RECOVERY-RELATED CONTRACTS TO 
              REQUIRE 40 PERCENT OF CONTRACT WORKERS BE LOCAL 
              RESIDENTS.

    (a) Requirement.--Any contract awarded by the Federal Government 
for recovery or reconstruction activities to be carried out in areas 
affected by Hurricane Katrina shall include a requirement that at least 
40 percent of the workers performing the work under the contract be 
local residents.
    (b) Local Resident.--For purposes of this section, a local resident 
is a person who had a permanent residence in the areas affected by 
Hurricane Katrina before Hurricane Katrina struck.

SEC. 805. REQUIREMENT FOR HURRICANE RECOVERY-RELATED CONTRACTS TO 
              INCLUDE FINANCIAL INCENTIVES FOR CONTRACTORS TO MEET 
              GOALS SPECIFIED IN THE CONTRACTS.

    Any contract awarded by the Federal Government for recovery or 
reconstruction activities to be carried out in areas affected by 
Hurricane Katrina shall include a financial incentive or incentives for 
the contractor to meet any goals specified in the contract, such as 
goals to award subcontracts to small businesses owned and controlled by 
socially and economically disadvantaged individuals, to local 
businesses, or to subcontractors that will use local residents to 
perform work under the subcontract.

SEC. 806. APPRENTICESHIP AND OTHER REQUIREMENTS FOR POST-HURRICANE 
              RECONSTRUCTION.

    (a) Apprenticeship Programs.--Any hurricane reconstruction 
contractor shall be required to utilize an apprenticeship program 
certified under subsection (b) that includes, as a part thereof, a pre-
apprenticeship program that helps prepare individuals for the 
apprenticeship program and for the basics tests necessary to become an 
apprentice.
    (b) Certification.--An apprenticeship program may be certified for 
purposes of this section if such program--
            (1) is certified by a State employment services authority 
        or other local authority that oversees apprenticeship and job 
        training programs; or
            (2) is registered with the Bureau of Apprenticeship and 
        Training of the Department of Labor under part 29 of chapter 1 
        of title 29, Code of Federal Regulations.
    (c) Definitions.--In this section:
            (1) The term ``hurricane reconstruction contractor'' means 
        a person or entity receiving Federal funds provided under the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C 5121 et seq.), or party to a contract funded under 
        such Act, for repair or reconstruction in the regions affected 
        by Hurricane Katrina.
            (2) The term ``regions affected by Hurricane Katrina'' 
        means a county or parish in Mississippi, Alabama, or Texas, or 
        a parish in Louisiana, where a major disaster has been declared 
        under section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C 5170) as a result of 
        Hurricane Katrina.

SEC. 807. RESTATEMENT OF FULL APPLICATION OF STATUTORY REQUIREMENTS OF 
              EQUAL EMPLOYMENT OPPORTUNITY APPLICABLE TO CONTRACTS AND 
              SUBCONTRACTS TO PROVIDE HURRICANE KATRINA RELIEF.

    (a) Continuing Nondiscrimination Required in Contracts and 
Subcontracts to Provide Hurricane Katrina Relief.--The provisions of--
            (1) Executive Order No. 11246 (42 U.S.C. 2000e-1 note), 
        excluding section 204 of such order,
            (2) section 503 of the Rehabilitation Act of 1973 (29 
        U.S.C. 793), excluding subsection (c) of such section, and
            (3) section 4212 of title 38 of the United States Code,
shall apply with respect to contracts and subcontracts entered into to 
provide Hurricane Katrina relief, in the same manner as such provisions 
apply to contracts and subcontracts with respect to which the Secretary 
of Labor has not granted any waiver or any exemption with respect to 
any of such provisions.
    (b) Waivers and Exemptions Void.--Every waiver of, and every 
exemption from, the application of any provision of law referred to in 
subsection (a) granted by the Secretary of Labor with respect to 
contracts and subcontracts to provide Hurricane Katrina relief, granted 
before the date of the enactment of the Act are void as of the date of 
the enactment of this Act.

          Subtitle B--Disaster Loans and Small Business Relief

SEC. 811. DEFINITIONS.

    In this subtitle--
            (1) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator 
        thereof, respectively;
            (2) the term ``Disaster Area'' means an area which the 
        President has designated as a disaster area as a result of 
        Hurricane Katrina of August 2005; and
            (3) the term ``small business concern'' has the same 
        meaning as under section 3 of the Small Business Act (15 U.S.C. 
        632).

SEC. 812. DISASTER LOANS AFTER HURRICANE KATRINA.

    (a) Loans to Nonprofits.--The Administrator may make a loan under 
section 7(b) of the Small Business Act (15 U.S.C. 636(b)) (either 
directly or in cooperation with a bank or other lending institution 
through agreements to participate on an immediate or deferred basis) to 
a nonprofit organization located or operating in a Disaster Area or 
providing services to persons who have evacuated from a Disaster Area.
    (b) Increased Loan Caps.--
            (1) Aggregate loan amounts.--Except as provided in 
        paragraph (2), the aggregate amount of all loans outstanding 
        and committed to a borrower under such section (except for 
        loans under paragraph (5) or (6) of such section) made by 
        reason of Hurricane Katrina, may not exceed $10,000,000.
            (2) Waiver authority.--The Administrator may, at the 
        discretion of the Administrator, waive the aggregate loan 
        amount established under paragraph (1).
    (c) Deferment of Disaster Loan Payments.--
            (1) In general.--Notwithstanding any other provision of 
        law, payments of principal and interest on a loan under section 
        7(b) of the Small Business Act (15 U.S.C. 636(b)) to a borrower 
        located in a Disaster Area made before August 24, 2007, shall 
        be deferred, and no interest shall accrue with respect to such 
        loan, during the time period described in paragraph (2).
            (2) Time period.--
                    (A) In general.--The time period referred to in 
                paragraph (1) is the one-year period that begins on the 
                latter of the following dates:
                            (i) The date of the enactment of this 
                        subtitle.
                            (ii) The date on which the loan is made.
                    (B) Extension.--The Administrator may extend the 
                time period described in subparagraph (A) for one year 
                after the date on which it would otherwise expire, if 
                the Administrator finds that such an extension is 
                appropriate.
            (3) Resumption of payments.--Upon the expiration of the 
        time period described in paragraph (2), the payment of periodic 
        installments of principal and interest shall be required with 
        respect to a loan for which payments are deferred under 
        paragraph (1) in the same manner and subject to the same terms 
        and conditions as would otherwise apply.
    (d) Refinancing Disaster Loans After Hurricane Katrina.--
            (1) Refinancing permitted.--A small business concern that 
        is located in a Disaster Area or was located in such an area as 
        of August 24, 2005, may refinance any loan made under section 
        7(b) of the Small Business Act (15 U.S.C. 636(b)) that, as of 
        August 24, 2005, was outstanding as to principal or interest, 
        and the refinanced amount shall be considered to be part of the 
        new loan for purposes of this subsection and section 7(b) of 
        the Small Business Act (15 U.S.C. 636(b)).
            (2) No effect on eligibility for other loans.--A 
        refinancing under paragraph (1) by a small business concern 
        shall have no effect on the eligibility of that small business 
        concern for any other loan under the Small Business Act (15 
        U.S.C. 632 et seq.).
            (3) Interest rate.--A loan under this subsection shall be 
        made at the same interest rate as economic injury loans under 
        section 7(b)(2) of the Small Business Act (15 U.S.C. 
        636(b)(2)).
    (e) Refinancing Business Debt.--
            (1) Refinancing permitted.--A small business concern that 
        is located in a Disaster Area or was located in such an area as 
        of August 24, 2005, may refinance any business debt of that 
        small business concern that was outstanding as to principal or 
        interest as of August 24, 2005.
            (2) Principal and interest.--With respect to a refinancing 
        under this subsection, payments of principal shall be deferred, 
        and interest may accrue, during the 1-year period beginning on 
        the date of the refinancing, and the refinanced amount shall be 
        considered to be part of a new loan for purposes of this 
        subsection and section 7(b) of the Small Business Act (15 
        U.S.C. 636(b)).
            (3) Resumption of payments.--Upon the expiration of the 
        one-year period described in paragraph (2), the payment of 
        periodic installments of principal and interest shall be 
        required with respect to a refinancing for which payments are 
        deferred under such paragraph in the same manner and subject to 
        the same terms and conditions as would otherwise apply.
            (4) Interest rate.--A loan under this subsection shall be 
        made at the same interest rate as economic injury loans under 
        section 7(b)(2) of the Small Business Act (15 U.S.C. 
        636(b)(2)).
    (f) Extended Application Period.--Notwithstanding any other 
provision of law, the Administrator shall accept applications for 
assistance under this section from small business concerns adversely 
affected by Hurricane Katrina until one year after the date on which 
the President designated the area as a disaster area as a result of 
Hurricane Katrina.
    (g) No Sale.--No loan under this section made as a result of 
Hurricane Katrina may be sold.

SEC. 813. NATIONWIDE DISASTER LOANS.

    (a) Loans Authorized.--The Administrator may make such loans as the 
Administrator determines appropriate under section 7(b) of the Small 
Business Act (15 U.S.C. 636(b)) (either directly or in cooperation with 
banks or other lending institutions through agreements to participate 
on an immediate or deferred basis) to a small business concern, small 
agricultural cooperative, small nursery, or small producer cooperative 
located anywhere in the United States that demonstrates a direct 
adverse economic impact caused by Hurricane Katrina, based on such 
criteria as the Administrator may set by rule, regulation, or order.
    (b) Disaster Mitigation.--
            (1) In general.--Section 7(b)(1)(A) of the Small Business 
        Act (15 U.S.C. 636(b)(1)(A)) is amended by inserting ``of the 
        aggregate costs of such damage or destruction (whether or not 
        compensated for by insurance or otherwise)'' after ``20 per 
        centum''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to a loan or guarantee made after the 
        date of enactment of this Act.
    (c) Technical Amendments.--Section 7(b) of the Small Business Act 
(15 U.S.C. 636(b)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``the, Administration'' and inserting ``the Administration'';
            (2) in paragraph (2)(A), by striking ``Disaster Relief and 
        Emergency Assistance Act'' and inserting ``Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
        seq.)''; and
            (3) in the undesignated matter at the end--
                    (A) by striking ``, (2), and (4)'' and inserting 
                ``and (2)''; and
                    (B) by striking ``, (2), or (4)'' and inserting 
                ``(2)''.
    (d) Disaster Loan Additional Amounts.--In addition to any other 
amounts otherwise appropriated for such purpose, there is authorized to 
be appropriated to the Administration $86,000,000, to make loans under 
section 7(b) of the Small Business Act.

SEC. 814. SMALL BUSINESS EMERGENCY RELIEF.

    (a) Business Loan Programs.--Section 20(e)(1)(B) of the Small 
Business Act (15 U.S.C. 631 note) is amended--
            (1) in the matter preceding clause (i), by striking 
        ``$25,050,000,000'' and inserting ``$40,050,000,000'';
            (2) in clause (i), by striking ``$17,000,000,000'' and 
        inserting ``$27,000,000,000''; and
            (3) in clause (ii), by striking ``$7,500,000,000'' and 
        inserting ``$12,500,000,000''.
    (b) Grants to States Adversely Affected by Hurricane Katrina.--
            (1) In general.--The Secretary of Commerce shall make 
        grants to the States of Louisiana, Alabama, and Mississippi to 
        be used by appropriate State agencies in accordance with this 
        subsection.
            (2) Disbursement of funds.--The Secretary of Commerce shall 
        make grants under paragraph (1) in the most expeditious manner 
        possible to the designated States, based on--
                    (A) the number of businesses directly damaged or 
                disrupted by reason of Hurricane Katrina in the State;
                    (B) the number of residents displaced from the 
                State by reason of Hurricane Katrina;
                    (C) the number of jobs lost or disrupted by reason 
                of Hurricane Katrina in the State;
                    (D) the extent of economic disruption by reason of 
                Hurricane Katrina in the State; and
                    (E) the number of evacuees from any other State by 
                reason of Hurricane Katrina to whom the designated 
                State is providing assistance.
            (3) Use of funds.--
                    (A) In general.--Grants awarded to a State under 
                paragraph (1) shall be used by the State to provide 
                bridge grants and loans, which may be made to any 
                person located in a Disaster Area who was directly 
                adversely affected by Hurricane Katrina, to assist such 
                person in covering costs until the person is able to 
                obtain loans through Administration assistance programs 
                or other sources.
                    (B) Reimbursement.--A State may use a grant awarded 
                under paragraph (1) as reimbursement for any State 
                funds used to provide bridge grants or loans to any 
                person located in a Disaster Area who was directly 
                adversely affected by Hurricane Katrina before the date 
                on which the funds authorized under paragraph (1) are 
                disbursed.
                    (C) Criteria.--Notwithstanding any other provision 
                of law, in making bridge grants and loans under 
                subparagraph (A), the State may use such criteria as 
                the State determines appropriate, and shall not be 
                required to apply eligibility criteria for programs 
                administered by the Department of Commerce.
                    (D) Terms.--For any loan made by a State under 
                subparagraph (A)--
                            (i) such a loan may initially be a 
                        noncollateralized, low-interest loan;
                            (ii) payments and interest on such a loan 
                        may be deferred for at least 1 year after the 
                        date on which the loan is made;
                            (iii) the balance remaining on such a loan 
                        5 years after the date on which the loan is 
                        made may be forgiven entirely by the State, if 
                        the borrower has continued to operate during 
                        that 5-year period in a Disaster Area; and
                            (iv) such a loan may be forgiven by the 
                        State, under such terms as it may set, if the 
                        borrower cannot repay such loan.
                    (E) Administrative expenses.--The Department of 
                Commerce may use not more than $1,000,000 of the funds 
                authorized under paragraph (4) to administer the 
                provision of grants to the designated States under this 
                subsection.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary of Commerce $450,000,000 
        for the Economic Development Administration of the Department 
        of Commerce to carry out this subsection.

SEC. 815. AUTHORIZATION OF APPROPRIATIONS FOR BUSINESS COUNSELING.

    In addition to any other amounts authorized for any fiscal year, 
there are authorized to be appropriated to the Administration, to 
remain available until expended, for fiscal year 2006--
            (1) $21,000,000, to be used for activities of small 
        business development centers pursuant to section 21 of the 
        Small Business Act (15 U.S.C. 648), not less than $15,000,000 
        of which shall be non-matching funds and used to aid and assist 
        small business concerns affected by Hurricane Katrina;
            (2) $2,000,000, to be used for the SCORE program authorized 
        by section 8(b)(1) of the Small Business Act (15 U.S.C. 
        637(b)(1)), for the activities described in subparagraph 
        (B)(ii) of such section, not less than $1,000,000 of which 
        shall be used to aid and assist small business concerns 
        affected by Hurricane Katrina;
            (3) $4,500,000, to be used for activities of women's 
        business centers authorized by section 29(b) of the Small 
        Business Act (15 U.S.C. 656(b)) and for recipients of a grant 
        under section 29(l) of that Act (15 U.S.C. 656(l)), not less 
        than $2,500,000 of which shall be non-matching funds used to 
        aid and assist small business concerns affected by Hurricane 
        Katrina, which may also be made available to a women's business 
        center whose 5-year project ended in fiscal year 2004;
            (4) $1,250,000, to be used for activities of the office of 
        veteran's business development pursuant to section 32 of the 
        Small Business Act (15 U.S.C. 657b), not less than $750,000 of 
        which shall be used to aid and assist small business concerns 
        affected by Hurricane Katrina; and
            (5) $5,000,000, to be used for activities of the microloan 
        program authorized by clauses (ii) and (iii) of section 
        7(m)(1)(G) of the Small Business Act (15 U.S.C. 636(m)(1)(G)) 
        to aid and assist small business concerns adversely affected by 
        Hurricane Katrina.

SEC. 816. SMALL BUSINESS DEVELOPMENT CENTERS.

    (a) Availability of Grants.--The Administrator shall make available 
grants under section 21 of the Small Business Act (15 U.S.C. 648) to 
small business development centers assisting small business concerns 
adversely affected by Hurricane Katrina.
    (b) Waiver of Maximum Grant Amount.--For each of fiscal years 2005 
and 2006, the Administrator may waive the maximum amount of $100,000 
for non-matching grants under section 21(a)(4)(C)(viii) of the Small 
Business Act (15 U.S.C. 648(a)(4)(C)(viii)).
    (c) Assistance to Small Business Concerns in Disaster Areas.--
            (1) The Administrator shall authorize any small business 
        development center, regardless of location, to provide advice, 
        information, and assistance, as described in section 21(c) of 
        such Act (15 U.S.C. 648(c)), to a small business concern 
        located in a Disaster Area.
            (2) A small business development center that provides 
        counselors to a Disaster Area shall, to the maximum extent 
        practicable, ensure continuity of services in the State it 
        currently serves.

SEC. 817. HUBZONES.

    Notwithstanding any other provision of law, a Disaster Area shall 
be deemed to be a historically underutlized business zone within the 
meaning of section 3(p)(1) of the Small Business Act (15 U.S.C. 
632(p)(1).

SEC. 818. SMALL BUSINESS BONDING THRESHOLD.

    (a) In General.--Notwithstanding any other provision of law, for 
all procurements related to Hurricane Katrina, the Administrator may, 
upon such terms and conditions as the Administrator may prescribe, 
guarantee, and enter into commitments to guarantee any surety against 
loss resulting from a breach of the terms of a bid bond, payment bond, 
performance bond, or bonds ancillary thereto, by a principal on any 
total work order or contract amount at the time of bond execution that 
does not exceed $5,000,000
    (b) Discretionary Increase.--The Administrator may increase the 
maximum amount of a work order or contract to which subsection (a) 
applies to $10,000,000, at the discretion of the Administrator.

SEC. 819. LOAN DEFAULTS.

    Notwithstanding any other provision of law, no loan made before 
August 24, 2005, under subsection (a) or (m) of section 7 of the Small 
Business Act (15 U.S.C. 636) or under title III or section 503 of the 
Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) for which 
the borrower goes into default by reason of Hurricane Katrina shall be 
considered a cost (as that term is defined in section 502 of the 
Federal Credit Reform Act of 1990 (2 U.S.C. 622)) to the Administration 
for purposes of calculating the subsidy rate for loans under subsection 
(a) or (m) of section 7 of the Small Business Act or title III or 
section 503 of the Small Business Investment Act of 1958, respectively.

SEC. 820. BUDGETARY TREATMENT OF LOANS AND FINANCINGS.

    (a) In General.--Assistance made available under any loan made or 
approved by the Administration under this subtitle, subsections (a) or 
(b) of section 7 of the Small Business Act (15 U.S.C. 636), or 
financings made under title V of the Small Business Investment Act of 
1958 (15 U.S.C. 695 et seq.), on and after the date of enactment of 
this subtitle, shall be treated as separate programs of the 
Administration for purposes of the Federal Credit Reform Act of 1990 
only.
    (b) Use of Funds.--Assistance under this subtitle and the 
amendments made by this subtitle shall be available only to the extent 
that funds are made available under appropriations Acts, which funds 
shall be utilized to offset the cost (as such term is defined in 
section 502 of the Federal Credit Reform Act of 1990) of such 
assistance.

SEC. 821. EMERGENCY PROCUREMENT AUTHORITY.

    (a) Small Business Reservation Offset.--Section 15(j) of the Small 
Business Act (15 U.S.C. 644(j)) is amended by adding at the end the 
following:
    ``(4) For any contract involving the use of the special emergency 
procurement authority under section 32A(c) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 428a(c)), the dollar ceiling of the 
small business reservation established in paragraph (1) shall be 
adjusted to match the applicable amount of the simplified acquisition 
threshold.''.
    (b) Retention of Small Business Subcontracting.--Section 8(d)(4)(D) 
of the Small Business Act (15 U.S.C. 637(d)(4)(D)) is amended--
            (1) by striking ``(D) No contract'' and inserting the 
        following:
    ``(D) Small Business Participation.--
            ``(i) In general.--No contract''; and
            (2) by adding at the end the following:
            ``(ii) Emergency procurements.--
                    ``(I) In general.--For any contract that otherwise 
                meets the requirements of this subsection and that 
                involves the use of special emergency procurement 
                authority under section 32A(c) of the Office of Federal 
                Procurement Policy Act (41 U.S.C. 428a(c)), the 
                subcontracting plan required under this subsection 
                shall be negotiated as soon as is practicable, but not 
                later than 30 days after the date on which the contract 
                is awarded.
                    ``(II) Payment.--Not more than 50 percent of the 
                amount due under any contract described in subclause 
                (I) may be paid, unless a subcontracting plan compliant 
                with this subsection is negotiated by the 
                contractor.''.

                        TITLE IX--TAX PROVISIONS

SEC. 901. HOME PURCHASE BY VICTIMS OF HURRICANE KATRINA.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to nonrefundable 
personal credits) is amended by inserting after section 25D the 
following new section:

``SEC. 25E. HOME PURCHASE BY INDIVIDUALS DISPLACED BY HURRICANE 
              KATRINA.

    ``(a) Allowance of Credit.--In the case of an eligible homebuyer 
who purchases a principal residence in the Hurricane Katrina disaster 
area, there shall be allowed as a credit against the tax imposed by 
this chapter for the taxable year an amount equal to so much of the 
purchase price of the residence as does not exceed $5,000.
    ``(b) Limitation Based on Modified Adjusted Gross Income.--
            ``(1) In general.--The amount allowable as a credit under 
        subsection (a) (determined without regard to this subsection 
        and subsection (d)) for the taxable year shall be reduced (but 
        not below zero) by the amount which bears the same ratio to the 
        credit so allowable as--
                    ``(A) the excess (if any) of--
                            ``(i) the taxpayer's modified adjusted 
                        gross income for such taxable year, over
                            ``(ii) $70,000 ($110,000 in the case of a 
                        joint return), bears to
                    ``(B) $20,000.
            ``(2) Modified adjusted gross income.--For purposes of 
        paragraph (1), the term `modified adjusted gross income' means 
        the adjusted gross income of the taxpayer for the taxable year 
        increased by any amount excluded from gross income under 
        section 911, 931, or 933.
    ``(c) Eligible Homebuyer.--For purposes of this section--
            ``(1) In general.--The term `eligible homebuyer' means any 
        individual if--
                    ``(A) on August 29, 2005, the principal place of 
                abode of such individual (and if married, such 
                individual's spouse) was located in the Hurricane 
                Katrina disaster area, and such principal place of 
                abode was rendered uninhabitable by Hurricane Katrina, 
                and
                    ``(B) the principal residence for which the credit 
                is allowed under subsection (a) is located in the same 
                State as such principal place of abode.
            ``(2) One-time only.--If an individual is allowed a credit 
        under this section with respect to any principal residence, 
        such individual may not be allowed a credit under this section 
        with respect to any other principal residence.
            ``(3) Principal residence.--The term `principal residence' 
        has the same meaning as when used in section 121.
    ``(d) Carryover of Credit.--If the credit allowable under 
subsection (a) exceeds the limitation imposed by section 26(a) for such 
taxable year reduced by the sum of the credits allowable under this 
subpart (other than this section and sections 23, 24, 25B, and 1400C) 
such excess shall be carried to the succeeding taxable year and added 
to the credit allowable under subsection (a) for such taxable year.
    ``(e) Other Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Hurricane katrina disaster area.--The term `Hurricane 
        Katrina disaster area' means an area determined by the 
        President to warrant assistance from the Federal Government 
        under the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act by reason of Hurricane Katrina.
            ``(2) Allocation of dollar limitation.--
                    ``(A) Married individuals filing separately.--In 
                the case of a married individual filing a separate 
                return, subsection (a) shall be applied by substituting 
                `$2,500' for `$5,000.'
                    ``(B) Other taxpayers.--If 2 or more individuals 
                who are not married purchase a principal residence, the 
                amount of the credit allowed under subsection (a) shall 
                be allocated among such individuals in such manner as 
                the Secretary may prescribe, except that the total 
                amount of the credits allowed to all such individuals 
                shall not exceed $5,000.
            ``(3) Purchase.--
                    ``(A) In general.--The term `purchase' means any 
                acquisition, but only if--
                            ``(i) the property is not acquired from a 
                        person whose relationship to the person 
                        acquiring it would result in the disallowance 
                        of losses under section 267 or 707(b) (but, in 
                        applying section 267(b) and (c) for purposes of 
                        this section, paragraph (4) of section 267(c) 
                        shall be treated as providing that the family 
                        of an individual shall include only his spouse, 
                        ancestors, and lineal descendants), and
                            ``(ii) the basis of the property in the 
                        hands of the person acquiring it is not 
                        determined--
                                    ``(I) in whole or in part by 
                                reference to the adjusted basis of such 
                                property in the hands of the person 
                                from whom acquired, or
                                    ``(II) under section 1014(a) 
                                (relating to property acquired from a 
                                decedent).
                    ``(B) Construction.--A residence which is 
                constructed by the taxpayer shall be treated as 
                purchased by the taxpayer on the date the taxpayer 
                first occupies such residence.
            ``(4) Purchase price.--The term `purchase price' means the 
        adjusted basis of the principal residence on the date such 
        residence is purchased.
    ``(f) Reporting.--If the Secretary requires information reporting 
under section 6045 by a person described in subsection (e)(2) thereof 
to verify the eligibility of taxpayers for the credit allowable by this 
section, the exception provided by section 6045(e)(5) shall not apply.
    ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit 
is allowed under this section with respect to the purchase of any 
residence, the basis of such residence shall be reduced by the amount 
of the credit so allowed.
    ``(h) Application of Section.--This section shall apply to property 
purchased after August 28, 2005, and before January 1, 2007.''.
    (b) Conforming Amendment.--Section 1016(a) of such Code is amended 
by striking ``and'' at the end of paragraph (36), by striking the 
period at the end of paragraph (37) and inserting ``, and'', and by 
adding at the end the following new paragraph:
            ``(38) to the extent provided in section 25E(g).''.
    (c) Clerical Amendment.--The table of sections for subpart A of 
part IV of subchapter A of chapter 1 of such Code is amended by 
inserting after the item relating to section 25D the following new 
item:

``Sec. 25E. Home purchase by individuals displaced by Hurricane 
                            Katrina.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after the date of the enactment of this 
Act.

SEC. 902. RELIEF THROUGH LOW-INCOME HOUSING CREDIT RELATING TO 
              HURRICANE KATRINA.

    (a) Increase in Housing Credit Dollar Amount.--For purposes of 
determining the State housing credit ceiling of the States of Alabama, 
Louisiana, and Mississippi for 2006 and 2007, section 
42(h)(3)(C)(ii)(I) of the Internal Revenue Code of 1986 shall be 
applied by substituting ``$3.70'' for ``$1.75''.
    (b) Authority to Waive Percentage Limitation to Treat Hurricane 
Katrina Disaster Areas as Difficult Development Areas.--In the case of 
taxable years beginning in 2005, 2006, and 2007, any area in the State 
of Alabama, Louisiana, or Mississippi located within the area 
determined by the President to warrant assistance from the Federal 
Government under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act by reason of Hurricane Katrina shall be treated as a 
difficult development area for purposes of section 42(d)(5)(C) of the 
Internal Revenue Code of 1986, notwithstanding the percentage 
limitation in clause (iii)(II) of such section.
    (c) Waiver of Full Subscription Requirement.--In the case of the 
States of Alabama, Louisiana, and Mississippi for 2005, 2006, and 2007, 
section 42(h)(3)(D) of such Code shall be applied without regard to 
clause (iv)(I) of such section.

SEC. 903. TAX EXEMPT BONDS FOR QUALIFIED GULF COAST RECOVERY PROJECTS.

    Section 149(h) of the Internal Revenue Code of 1986 (relating to 
bonds that must be registered to be tax exempt; other requirements) is 
amended by adding at the end the following:
    ``(h) Treatment of Gulf Coast Recovery Bonds.--
            ``(1) In general.--Section 103(a) shall apply to any 
        qualified Gulf Coast recovery bond.
            ``(2) Qualified gulf coast recovery bond.--For purposes of 
        this subsection, the term `qualified Gulf Coast recovery bond' 
        means any bond if--
                    ``(A) the issuer reasonably expects that at least 
                95 percent of the net proceeds of the issue will be 
                used for facilities in a qualified hurricane disaster 
                area,
                    ``(B) the issue of which such bond is a part would, 
                without regard to the application of subsection (b) and 
                section 146, otherwise meet the requirements for 
                excluding the interest on such bond from gross income 
                under section 103 and applicable requirements of this 
                part, and
                    ``(C) if the aggregate face amount of bonds of 
                which such bond is a part issued pursuant to such 
                issue, when added to the aggregate face amount of 
                qualified Gulf Coast recovery bonds previously issued 
                by the issuing authority during the calendar year, does 
                not exceed such authority's volume cap specified in 
                paragraph (4).
            ``(3) Federal guarantee.--For purposes of this subsection--
                    ``(A) Federal guarantee.--The Secretary may 
                guarantee the payment of principal or interest with 
                respect to any qualified Gulf Coast recovery bond under 
                such terms and conditions as the Secretary may require, 
                except that in the case of a default of such bond, the 
                Secretary shall condition the granting of such 
                guarantee on the agreement by the State to a repayment 
                schedule (including interest) for such bonds.
                    ``(B) Treatment of bond as tax exempt.--
                Subparagraph (b) shall not apply to a qualified Gulf 
                Coast recovery bond.
            ``(4) Volume cap.--For purposes of this subsection, the 
        volume cap for a State shall be--
                    ``(A) in the case of the State of Alabama, 
                $10,000,000,000,
                    ``(B) in the case of the State of Louisiana, 
                $20,000,000,000,
                    ``(C) in the case of the State of Mississippi, 
                $20,000,000,000, and
                    ``(D) zero in any other case.
            ``(5) Qualified hurricane disaster area.--The term 
        `qualified hurricane disaster area' means the portion of an 
        area determined by the President to warrant individual or 
        individual and public assistance from the Federal Government 
        under the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act with respect to which a major disaster has been 
        declared under section 401 of such Act by reason of Hurricane 
        Katrina.
            ``(6) Section 146 not applicable.--Section 146 shall not 
        apply with respect to any bond issued under this subsection.
            ``(7) Termination.--This subsection shall not apply to 
        bonds issued after December 31, 2010.''.

                          TITLE X--BANKRUPTCY

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Hurricane Katrina Bankruptcy 
Relief and Community Protection Act of 2005''.

SEC. 1002. DEFINITIONS; WHO MAY BE A DEBTOR.

    (a) Current Monthly Income.--Section 101(10A)(B) is amended--
            (1) by striking ``and payments'' and inserting 
        ``payments'', and
            (2) by inserting before the period at the end ``, and 
        payments to victims of a natural disaster on account of their 
        status as victims of a natural disaster''.
    (b) Natural Disaster; Natural Disaster Zone.--Section 101 of title 
11, United States Code, is amended--
            (1) by redesignating paragraphs (40A) and (40B) as 
        paragraphs (40C) and (40D), respectively, and
            (2) by inserting after paragraph (40) the following:
            ``(40A) The term `natural disaster' means--
                    ``(A) a major disaster, as defined in section 102 
                of the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act; or
                    ``(B) a situation similar to such a major disaster 
                (as so defined), with respect to which a determination 
                is made in accordance with State law that such 
                situation exists.
            ``(40B) The term `natural disaster zone' means the 
        geographical area included in the determination of a natural 
        disaster.''.
    (c) Victim of Natural Disaster.--Section 101 of title 11, United 
States Code, is amended by adding at the end the following:
            ``(56) The term `victim of a natural disaster' means a 
        person--
                    ``(A) whose financial condition is materially 
                adversely affected by a natural disaster; and
                    ``(B) whose domicile, residence, or principal place 
                of business in the United States, or whose principal 
                assets in the United States, are located in a natural 
                disaster zone immediately preceding the event that 
                caused the natural disaster exists.''.
    (d) Who May Be a Debtor.--Section 109(h)(4) of title 11, United 
States Code, is amended by inserting ``natural disaster,'' after 
``disability,''.

SEC. 1003. AMENDMENT TO CHAPTER 3.

    Section 362(b)(22) of title 11, United States Code, is amended by 
inserting ``(excluding a debtor who is victim of a natural disaster)'' 
after ``debtor'' the 1st place it appears.

SEC. 1004. AMENDMENTS TO CHAPTER 5.

    Section 521 of title 11, United States Code, is amended by adding 
at the end the following:
    ``(k) The Court may extend any time period specified in this 
section as may be necessary if--
            ``(1) the debtor is a victim of a natural disaster; and
            ``(2) the debtor's status as a victim of a natural disaster 
        necessitates such extension of time.''.

SEC. 1005. AMENDMENTS TO CHAPTER 7.

    (a) Debtor's Monthly Expenses.--Section 707(b)(2)(A)(ii) of title 
11, United States Code, is amended by adding at the end the following:
                                    ``(IV) In addition, the debtor's 
                                monthly expenses may include the actual 
                                reasonably necessary expenses incurred 
                                as a result of being a victim of a 
                                natural disaster.''.
    (b) Limitation on Conversion of Case.--Section 707(b)(2) of title 
11, United States Code, is amended by adding at the end the following:
                    ``(E) Subparagraphs (A), (B), and (C) shall not 
                apply, and the court may not dismiss or convert a case 
                under section 707(b), if the debtor is a victim of a 
                natural disaster.''.

SEC. 1006. AMENDMENTS TO CHAPTER 11.

    (a) Conversion of Case.--Section 1112(b) of title 11, United States 
Code is amended--
            (1) in paragraph (2)(B)(i) by inserting ``, including a 
        natural disaster'' before the semicolon, and
            (2) in paragraph (3) by inserting ``(including a natural 
        disaster)'' after ``circumstances''.
    (b) Who May File a Plan.--Section 1121(e)(3) of title 11, United 
States Code, is amended--
            (1) in subparagraph (A) by inserting ``(i)'' after ``(A)'',
            (2) in subparagraph (C) by striking the period at the end 
        and inserting ``; or'',
            (3) by redesignating subparagraphs (B) and (C) as clauses 
        (ii) and (iii), respectively, and
            (4) by adding at the end the following:
                    ``(B) the debtor is unable to meet the deadline 
                because of a natural disaster.''.
    (c) Extension of Time for Small Businesses.--Chapter 11 of title 
11, United States Code, is amended--
            (1) in the table of sections by adding at the end the 
        following:

``1117. Extension of time for small businesses.'', and
            (2) in subchapter I by adding at the end the following:
``Sec. 1117. Extension of time for small businesses
    ``Notwithstanding any other provision of this title, in a small 
business case the court may extend any deadline specified in this 
chapter if the court finds that such extension is--
            ``(1) necessary to protect the best interests of the 
        creditors and the estate; or
            ``(2) warranted by a natural disaster.''.

SEC. 1007. AMENDMENTS TO CHAPTER 13.

    (a) Conversion or Dismissal.--Section 1307(e) of title 11, United 
States Code, is amended by adding at the end the following: ``The Court 
may extend any time period specified in this subsection as may be 
necessary if--
            ``(1) the debtor is a victim of a natural disaster; and
            ``(2) the debtor's status as a victim of a natural disaster 
        necessitates such extension of time.''.
    (b) Filing of Prepetition Tax Returns.--Section 1308 of title 11, 
United States Code, is amended by adding at the end the following:
    ``(d) The Court may extend any time period specified in this 
subsection as may be necessary if--
            ``(1) the debtor is a victim of a natural disaster; and
            ``(2) the debtor's status as a victim of a natural disaster 
        necessitates such extension of time.''.

SEC. 1008. AMENDMENT TO TITLE 28 OF THE UNITED STATES CODE.

    Section 1408 of title 28, United States Code, is amended--
            (1) by inserting ``(a)'' before ``Except'', and
            (2) by adding at the end the following:
    ``(b) If a case under title 11 cannot be commenced in a district 
court described in subsection (a) because a person is the victim of a 
natural disaster (as defined in section 101 of title 11), then a case 
under title 11 may be commenced by such person in the district court 
for the district in which such person resides.''.

SEC. 1009. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--This title and the amendments made by this 
title shall take effect on the date of the enactment of this Act.
    (b) Application of Amendments.--The amendments made by this title 
shall apply only with respect to cases commenced under title 11 of the 
United States Code on and after the date of the enactment of this Act.

                        TITLE XI--MISCELLANEOUS

SEC. 1101. REIMBURSEMENTS.

    Upon the request of any government, organization, individual, or 
other entity that provided rescue, housing, or other services that 
would normally be provided by the Federal Emergency Manangement Agency 
to a person or persons heeding the Hurricane Katrina evacuation order 
or to an evacuee from Hurricane Katrina (before, during or after 
Hurricane Katrina), the Director of the Federal Emergency Management 
Agency shall reimburse to such government, organization, individual, or 
other entity the cost of providing such services. The Director of the 
Department of Homeland Security shall promulgate reasonable rules, 
regualtions, and processes for such reimbursement.

SEC. 1102. TEMPORARY FLOOD INSURANCE BUY-IN PROGRAM.

    (a) In General.--The Director of the Federal Emergency Management 
Agency shall make available flood insurance coverage under the national 
flood insurance program available for eligible structures, in 
accordance with this section.
    (b) Scope of Coverage.--
            (1) Eligible losses.--Coverage may be made available under 
        this section only for a damage or loss to an eligible 
        structure, but not including any contents thereof, from 
        flooding resulting from Hurricane Katrina.
            (2) Amount.--The amount of such coverage made available 
        under this section for an eligible structure may not exceed the 
        lesser of--
                    (A) the maximum amount of coverage that may be made 
                available for such structure under the national flood 
                insurance program; and
                    (B) the amount of coverage provided for the 
                structure, as of August 28, 2005, under the policy for 
                losses caused by wind or windstorm (as referred to in 
                subsection (c)(3)).
    (c) Eligible Structures.--For purposes of this section, an eligible 
structure is a structure that--
            (1) sustained damage from flooding resulting from Hurricane 
        Katrina of 2005;
            (2) is of a type (including residential properties, 
        business properties, and others) for which coverage was 
        generally made available under the national flood insurance 
        program as of August 28, 2005;
            (3) is located in a covered disaster area (as such term is 
        defined in subsection (h));
            (4) as of August 28, 2005, was covered by an insurance 
        policy for losses caused by wind or windstorm;
            (5) is not located in an area that has been identified by 
        the Director as an area having special flood hazards (as such 
        term is used for purposes of section 102 of the Flood Disaster 
        Protection Act of 1973 (42 U.S.C. 4012a)); and
            (6) was not covered by flood insurance made available under 
        the national flood insurance program at the time of such 
        damage.
    (d) Premiums.--
            (1) Amount.--The Director shall charge, for coverage made 
        available under this section for an eligible structure, 
        premiums in the amount equal to 105 percent of the aggregate 
        amount of premiums that would have been charged, at the time, 
        for coverage for the structure under the national flood 
        insurance program (for the type and amount of coverage 
        provided) for the 10-year period that ends upon the date of 
        purchase of such coverage.
            (2) Deduction from claims.--The Director shall provide that 
        a purchaser of coverage made available under this section may 
        pay premiums charged for such coverage pursuant to paragraph 
        (1) by deducting such amounts from the amount of any claims 
        payable under such coverage.
            (3) Credits to nfif.--There shall be credited to the 
        National Flood Insurance Fund established under section 1310 of 
        the National Flood Insurance Act of 1968 (42 U.S.C. 4017) the 
        following amounts:
                    (A) Any premiums collected pursuant to this 
                section.
                    (B) From amounts appropriated pursuant to 
                subsection (i)(1), an amount equal to the amount of any 
                premiums charged for coverage made available under this 
                subsection that are not collected by the Director as a 
                result of the operation of paragraph (2) of this 
                subsection.
    (e) Claims.--Claims for damage or loss pursuant to coverage made 
available under this section may be paid only from amounts made 
available in appropriation Acts pursuant to subsection (i). Amounts in 
the National Flood Insurance Fund established under section 1310 of the 
National Flood Insurance Act of 1968, including any amount credited to 
such Fund pursuant to subsection (d)(3), shall not be available for 
paying claims under coverage made available under this section.
    (f) Requirements to Obtain Future Coverage and Take Mitigation 
Actions.--The Director may not make coverage available under this 
section for an eligible structure unless the owner of the structure 
enters into binding agreements, contained in such deed restrictions as 
the Director considers appropriate, to ensure that such owner, and any 
future owners, will--
            (1) at all times after purchasing coverage under this 
        section for the structure, in perpetuity, maintain coverage 
        under the national flood insurance program, for any structures 
        located at any time on the same property on which, at the time 
        of purchase, such eligible structure is located, in an amount 
        at least equal to the lesser of--
                    (A) the value of the structure, as determined by 
                the Director; or
                    (B) the maximum limit of coverage made available 
                with respect to the particular type of property under 
                the national flood insurance program; and
            (2) accept any offer to take mitigation actions or 
        activities made, with respect to the structure, under a 
        mitigation program under section 1323, 1361A, or 1366 of the 
        National Flood Insurance Act of 1968 (42 U.S.C. 4030, 4102a, 
        4104c).
    (g) Premium Rates for Future Coverage.--In establishing rates for 
flood insurance coverage, other than coverage under this section, made 
available under the national flood insurance program, the Director 
shall not consider, in any manner--
            (1) any premiums charged or collected pursuant to 
        subsection (d);
            (2) any claims paid pursuant to coverage made available 
        under this section; or
            (3) any amounts appropriated pursuant to subsection (i).
    (h) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Covered disaster area.--The term ``covered disaster 
        area'' means an area--
                    (A) for which a major disaster was declared by the 
                President pursuant to title IV of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                as a result of Hurricane Katrina of 2005; and
                    (B) in which the sale of flood insurance coverage 
                was available under the National Flood Insurance Act of 
                1968 as of August 28, 2004.
            (2) Director.--The term ``Director'' means the Director of 
        the Federal Emergency Management Agency.
    (i) Authorization of Appropriations.--
            (1) For claims payments.--There are authorized to be 
        appropriated to the Director such sums as may be necessary to 
        cover all costs of flood insurance coverage made available 
        under this section, including administrative expenses and 
        claims under such coverage.
            (2) For mitigation assistance.--There are authorized to be 
        appropriated such sums as may be necessary, for the national 
        flood insurance fund established under section 1310 of the 
        National Flood Insurance Act of 1968 and for the national flood 
        mitigation fund established under section 1367 of such Act (42 
        U.S.C. 4104d), for use only for mitigation activities under the 
        programs under sections 1323, 1361A, and 1366 of the National 
        Flood Insurance Act of 1968 (42 U.S.C. 4030, 4102a, 4104c), as 
        appropriate, for eligible structures.
    (j) Termination.--The Director may not enter into any contract or 
policy for coverage under this section except pursuant to an 
application for such coverage submitted to the Director before the 
expiration of the 90-day period beginning on the date of the enactment 
of this Act.

SEC. 1103. PROTECTION OF EXISTING RIGHTS OF MILITARY PERSONNEL.

    Nothing in this Act shall be construed to restrict or otherwise 
limit rights set forth in any local, State or Federal law or regulation 
affording rights and benefits to military personnel or their families.

                     TITLE XII--ERADICATING POVERTY

SEC. 1201. FINDINGS.

    The Congress finds that--
            (1) 8.2 percent of Whites, 11.8 percent of Asians, 22.5 
        percent of Latinos, and 24.4 percent of Blacks lived in poverty 
        in 2003;
            (2) the poverty rate was 24.7 percent for Blacks and 21.9 
        percent for Latinos in 2004;
            (3) the poverty rate is the highest in the completely rural 
        counties (not adjacent to metro counties), with 16.8 percent of 
        the population poor;
            (4) the top 5 most impoverished States according to the 
        Census Bureau are Mississippi, Kentucky, Alabama, Louisiana, 
        and the District of Columbia;
            (5) the Bureau of the Census established the poverty line 
        for 2003 to be $14,680 for a family of three;
            (6) extreme poverty is defined as people with income of 
        less than one-half of the poverty level;
            (7) 12,900,000 children under the age of 18 lived in 
        poverty in 2003, and the number of children living in extreme 
        poverty rose by 500,000 from 2002 to 2003;
            (8) a poor child is more likely to leave school at the age 
        of 16 with no qualifications than the average middle-class 
        child;
            (9) between 2000 and 2004 the real median earnings for 
        female full-time, full-year workers declined by 2.3 percent and 
        for male full-time, full-year workers declined by 4.4 percent;
            (10) the average annual cost for attending a public 
        university now equals more than 62 percent of the income of a 
        working class family;
            (11) each year, over 400,000 college-ready, low-income 
        students do not pursue their college education because they 
        cannot afford the cost; Whereas homeless children face more 
        barriers to school enrollment and attendance due to a lack of 
        available transportation, residency requirements, inability to 
        obtain previous school records, and a lack of clothing and 
        school supplies;
            (12) the number of uninsured Americans rose to 45,800,000 
        in 2004, 860,000 more than in the previous year;
            (13) the Bureau of the Census found 11.1 percent of Whites, 
        18.7 percent of Asians, 19.5 percent of Blacks, and 32.7 
        percent of Latinos had no health insurance in 2003;
            (14) the Bureau of the Census found 75.8 percent of 
        households with an income of less than $25,000 had health 
        insurance in 2003;
            (15) the Bureau of the Census found 91.8 percent of 
        households with incomes of $75,000 or more had health insurance 
        in 2003;
            (16) the number of Americans without health insurance has 
        risen for 3 consecutive years;
            (17) homeless children are in fair or poor health condition 
        twice as often as other children and have higher rates of 
        asthma, ear infections, stomach problems, and speech problems;
            (18) the Department of Agriculture has found that, in 2002, 
        34,900,000 people lived in households experiencing food 
        insecurity;
            (19) food insecurity refers to having inadequate access to 
        enough food to fully meet basic dietary needs to all times due 
        to a lack of financial resources;
            (20) food insecurity and hunger rates have increased in the 
        United States for the third year in a row;
            (21) in 2002, the Department of Agriculture found that 9.7 
        percent of households with incomes below 185 percent of the 
        Federal poverty line experienced hunger;
            (22) the Bureau of the Census survey on food security has 
        found those at greatest risk of being hungry or on the edge of 
        hunger live in households that are headed by a single woman, a 
        Latino or Black, or with income below the poverty line;
            (23) households with children experience food insecurity at 
        more than double the rate for households without children;
            (24) the Bureau of the Census found that the Federal 
        Government's minimum wage is not enough to live off of, yet a 
        single parent of 2 young children working full-time in a 
        minimum wage job for a year would make $10,712 before taxes, a 
        wage which is $3,968 below the poverty threshold set by the 
        Federal Government;
            (25) the Department of Labor records the unemployment level 
        at the end of 2004 as being 5 percent for Whites, 10.2 percent 
        for African-Americans and 6.6 percent for Latinos;
            (26) families with children are among the fastest growing 
        segment of the homeless population;
            (27) 39 percent of the homeless population are children and 
        an estimated 1,350,000 children will experience homelessness in 
        a year; and
            (28) on January 20, 2001, President Bush stated ``In the 
        quiet of American conscience, we know that deep, persistent 
        poverty is unworthy of our Nation's promise. When there is 
        suffering, there is duty. Americans in need are not strangers, 
        they are citizens, not problems, but priorities, and all of us 
        are diminished when they are hopeless. I can pledge our Nation 
        to a goal, `when we see that wounded traveler on the road to 
        Jericho, we will not pass to the other side'.''.

SEC. 1202. SENSE OF CONGRESS.

    It is the sense of Congress that no later than six months from the 
adoption hereof, the President should present a plan to eradicate 
poverty in the United States of America by the year 2015.
                                 <all>