II Calendar No. 207 109th CONGRESS 1st Session S. 1682 IN THE SENATE OF THE UNITED STATES September 12, 2005 Mrs. Hutchison (for herself and Mr. Cornyn) introduced the following bill; which was read the first time September 13, 2005 Read the second time and placed on the calendar A BILL To provide for reimbursement for business revenue lost as a result of a facility being used as an emergency shelter for Katrina Survivors.

1.

Reimbursement for lost business revenue

(a)

Definitions

(1)

Disaster period

The term disaster period means, with respect to any State that includes an area 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, the period beginning on the earliest date on which any area of the State was so declared and ending on the latest date for which any such declaration of an area of the State terminates. (2)

Katrina Survivor

The term Katrina Survivor means an individual who— (A)resides in an area for which a major disaster has been declared in accordance with 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) as a result of Hurricane Katrina; or (B)resided in an area described in subparagraph (A) during the 7 days immediately preceding the declaration of a major disaster described in subparagraph (A). (3)

Major disaster

The term major disaster has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (b)

Reimbursement for lost business revenue

(1)

In general

Notwithstanding any other provision of law, subject to subsection (c), the President shall reimburse an individual or entity that owns or operates a facility used as an emergency shelter for Katrina Survivors for 100 percent of the business revenue lost as a result of cancellation of revenue-raising events, as determined jointly by the President and the individual or entity. (2)

Disputes

Any dispute relating to the eligibility of lost revenue for reimbursement under paragraph (1) shall be determined through binding arbitration in accordance with the policies and procedures promulgated by the American Arbitration Association applicable to private arbitration of disputes. (c)

Period of applicability

This section and the authority provided by this section apply only to lost business revenue of a facility assisting Katrina Survivors from a State during the disaster period of the State.

September 13, 2005 Read the second time and placed on the calendar