[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1695 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1695

 To provide the Secretary of Agriculture with additional authority and 
funding to provide emergency relief, in coordination with the Secretary 
   of Homeland Security, to victims of Hurricane Katrina and related 
                              conditions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2005

 Mr. Harkin (for himself and Mr. Leahy) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To provide the Secretary of Agriculture with additional authority and 
funding to provide emergency relief, in coordination with the Secretary 
   of Homeland Security, to victims of Hurricane Katrina and related 
                              conditions.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hurricane Katrina Food Assistance 
Relief Act of 2005''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of 
Agriculture.

SEC. 3. FOOD STAMP PROGRAM DISASTER AUTHORITY.

    (a) In General.--Section 5(h) of the Food Stamp Act of 1977 (7 
U.S.C. 2014(h)) is amended by adding at the end the following:
    ``(4) Response to hurricane katrina.--
            ``(A) Definitions.--In this paragraph:
                    ``(i) Affected area.--
                            ``(I) In general.--The term `affected area' 
                        means an area of a State that the Secretary 
                        determines was affected by Hurricane Katrina or 
                        a related condition.
                            ``(II) Inclusion.--The term `affected area' 
                        includes any area that, as a result of 
                        Hurricane Katrina or a related condition, was 
                        covered by--
                                    ``(aa) a natural disaster 
                                declaration under section 321(a) of the 
                                Consolidated Farm and Rural Development 
                                Act (7 U.S.C. 1961(a)); or
                                    ``(bb) a major disaster or 
                                emergency designation under the Robert 
                                T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5121 et seq.).
                    ``(ii) Affected household.--
                            ``(I) In general.--The term `affected 
                        household' means a household--
                                    ``(aa) in an affected area;
                                    ``(bb) in which a member worked 
                                immediately prior to August 29, 2005, 
                                in an affected area;
                                    ``(cc) that was displaced as a 
                                result of Hurricane Katrina or a 
                                related condition to other areas of the 
                                same or another State; or
                                    ``(dd) that the Secretary 
                                determines should receive relief under 
                                this paragraph as a result of Hurricane 
                                Katrina or a related condition.
                            ``(II) Inclusion.--The term `affected 
                        household' includes a household containing 1 or 
                        more individuals that were displaced as a 
                        result of Hurricane Katrina or a related 
                        condition, as determined by the Secretary.
                    ``(iii) Disaster recovery period.--
                            ``(I) In general.--The term `disaster 
                        recovery period' means the period of 180 days 
                        beginning on the date of enactment of this 
                        paragraph.
                            ``(II) Extension.--The disaster recovery 
                        period shall be extended for another 180 days 
                        unless the President determines that the 
                        extension is not necessary to fully meet the 
                        needs of affected households.
            ``(B) Disaster recovery period.--During the disaster 
        recovery period--
                    ``(i) clauses (iv) and (v) of subsection (g)(2)(B), 
                subsections (d) and (o) of section 6, and section 
                8(c)(1) shall not apply to affected households;
                    ``(ii) the application of an affected household 
                shall be processed under the procedures established 
                under section 11(e)(9);
                    ``(iii) the State agency shall increase the value 
                to the affected household of the thrifty food plan 
                determined under section 3(o) by 10 percent when 
                calculating the value of the allotment for an affected 
                household under section 8(a);
                    ``(iv) the Secretary shall pay each State agency an 
                amount equal to 100 percent of administrative costs 
                allowable under section 16(a) related to serving 
                affected households in lieu of the payments section 
                16(a) would otherwise require for those costs;
                    ``(v) an affected household shall be considered to 
                meet the requirements of subsection (c)(2) if the 
                income of the affected household, as calculated under 
                subsection (c)(2), does not exceed the level permitted 
                under subsection (c)(1) by more than 50 percent;
                    ``(vi) any resource to which the household lost 
                access because of Hurricane Katrina or a related 
                condition shall not be considered a financial resource 
                under subsection (g) at any time during which this 
                subsection applies;
                    ``(vii) any funds designated for rebuilding or 
                relocation (including payments from Federal, State, or 
                local governments, charitable organizations, employers, 
                or insurance companies) shall be excluded from 
                consideration under subsection (g) in determining the 
                eligibility of an affected household;
                    ``(viii) an affected household may not be 
                considered to customarily purchase food and prepare 
                meals together with other individuals if the affected 
                household did not customarily purchase food and prepare 
                meals for home consumption with those individuals 
                immediately prior to August 29, 2005; and
                    ``(ix) for purposes of determining the eligibility 
                of an affected household, any immigrant lawfully 
                present in the United States shall be treated in the 
                same manner as a refugee eligible under section 
                402(a)(2)(A)(i) of the Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1996 (8 U.S.C. 
                1612(a)(2)(A)(i)).
            ``(C) Duplicate participation.--
                    ``(i) In general.--The Secretary shall take such 
                actions as are prudent and reasonable under the 
                circumstances to identify affected households that are 
                participating in more than 1 State and to terminate the 
                duplicate participation of those households.
                    ``(ii) No action taken.--Except in the case of 
                deliberate falsehoods, no action may be taken against 
                any affected household relating to any duplicate 
                participation during the disaster recovery period that 
                takes place prior to termination under clause (i).
            ``(D) Claims relating to benefits.--Except in the case of 
        intentional program violations as determined under section 
        6(b), no claim may be established under section 13(b) relating 
        to benefits issued under this subsection.
            ``(E) Payment error rate.--For purposes of determining the 
        payment error rate of a State agency under section 16(c), the 
        Secretary shall disregard any errors resulting from the 
        application of this paragraph to an affected household during 
        the disaster recovery period.
            ``(F) Effect of more generous disaster plans.--This 
        paragraph shall not supersede any provision of a plan approved 
        under paragraph (1) that--
                    ``(i) provides more complete or expeditious relief 
                to affected households; or
                    ``(ii) provides assistance to more individuals.''.
    (b) Program Information Activities.--
            (1) In general.--From funds otherwise appropriated for the 
        food stamp program established under the Food Stamp Act of 1977 
        (7 U.S.C. 2011 et seq.), the Secretary may use not more than 
        $5,000,000 for the period of fiscal year 2005 through 2006 to 
        enter into contracts with nonprofit organizations to support 
        household and community efforts to address the food assistance 
        and related needs resulting from Hurricane Katrina or a related 
        condition.
            (2) Expediting provisions.--Notwithstanding any other 
        provision of law, the Secretary shall not be required--
                    (A) to provide public notice of the availability of 
                funds described in paragraph (1); or
                    (B) to accept competitive bids for contracts under 
                this subsection.

SEC. 4. EMERGENCY FOOD ASSISTANCE PROGRAM AND SECTION 32 ASSISTANCE.

    (a) Definition of Eligible Recipient.--In this section, the term 
``eligible recipient'' means an individual or household that, as 
determined by the Secretary in consultation with the Secretary of 
Homeland Security--
            (1) is a victim of Hurricane Katrina or a related 
        condition;
            (2) has been displaced by Hurricane Katrina or a related 
        condition; or
            (3) is temporarily housing 1 or more individuals displaced 
        by Hurricane Katrina or a related condition.
    (b) Assistance.--
            (1) In general.--Notwithstanding any other provision of 
        law, in addition to funds otherwise made available for fiscal 
        year 2005 or 2006 to carry out the emergency food assistance 
        program established under the Emergency Food Assistance Act of 
        1983 (7 U.S.C. 7501 et seq.), out of any funds in the Treasury 
        not otherwise appropriated, the Secretary of the Treasury shall 
        transfer to the Secretary of Agriculture $200,000,000 to remain 
        available until expended to provide a variety of food to 
        eligible recipient agencies for providing food assistance to 
        eligible recipients, including--
                    (A) special supplemental foods for pregnant women 
                and infants or for other individuals with special 
                needs;
                    (B) infant formula;
                    (C) bottled water; and
                    (D) fruit juices.
            (2) Use of funds.--Funds made available under paragraph (1) 
        may be used to provide commodities in accordance with--
                    (A) section 27 of the Food Stamp Act of 1977 (7 
                U.S.C. 2036);
                    (B) section 203A of the Emergency Food Assistance 
                Act of 1983 (7 U.S.C. 7504); and
                    (C) section 204 of the Emergency Food Assistance 
                Act of 1983 (7 U.S.C. 7508).
            (3) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this section the funds transferred under paragraph (1), without 
        further appropriation. 
    (c) Section 32 Funding.--In addition to funds otherwise made 
available under section 32 of the Act of August 24, 1935 (7 U.S.C. 
612c), the Secretary shall use not less than $200,000,000 of funds made 
available under that section to provide food assistance to eligible 
recipients, including food described in subparagraphs (A) through (D) 
of subsection (b)(1).

SEC. 5. CHILD NUTRITION PROGRAMS.

    (a) Definition of Disaster Recovery Period.--
            (1) In general.--In this section, the term ``disaster 
        recovery period'' means the period of 180 days beginning on the 
        date of enactment of this Act.
            (2) Extension.--The disaster recovery period shall be 
        extended for another 180 days unless the President determines 
        that the extension is not necessary to fully meet the needs of 
        affected households.
    (b) Child Nutrition Programs Disaster Authority.--After 
consultation with the official empowered to exercise the authority 
provided for by sections 402 and 502 of the Robert. T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5192), 
the Secretary may modify the conditions for assistance for programs 
authorized under the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.) during the disaster recovery period for households that 
are victims of a disaster or in areas affected by the disaster if the 
households are in need of temporary food assistance.

SEC. 6. WIC FUNDING.

    (a) In General.--Out of any funds in the Treasury not otherwise 
appropriated, in addition to other funds otherwise made available to 
the Secretary for fiscal year 2005 or 2006 to carry out the special 
supplemental nutrition program for women, infants, and children 
established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
1786), the Secretary of the Treasury shall transfer to the Secretary of 
Agriculture to carry out that program $200,000,000, to remain available 
until September 30, 2007.
    (b) Receipt and Acceptance.--The Secretary shall be entitled to 
receive, shall accept, and shall use to carry out this section the 
funds transferred under subsection (a), without further appropriation. 
    (c) Emergency Designation.--The amounts made available by the 
transfer of funds in or pursuant to subsection (a) are designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).
    (d) Allocation of Funds.--Notwithstanding section 17(i) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(i)), the Secretary may 
allocate funds made available under subsection (a) as the Secretary 
determines to be necessary to provide assistance to women, infants, and 
children who, as determined by the Secretary in consultation with the 
Secretary of Homeland Security--
            (1) are victims of Hurricane Katrina or a related 
        condition; or
            (2) have been displaced by Hurricane Katrina or a related 
        condition.

SEC. 7. COMMODITY SUPPLEMENTAL FOOD PROGRAM FUNDING.

    (a) In General.--Out of any funds in the Treasury not otherwise 
appropriated, in addition to other funds otherwise made available to 
the Secretary for fiscal year 2005 or 2006 to carry out the commodity 
supplemental food program established under section 5 of the 
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; 
Public Law 93-86), the Secretary of the Treasury shall transfer to the 
Secretary of Agriculture $20,000,000 to carry out that program.
    (b) Receipt and Acceptance.--The Secretary shall be entitled to 
receive, shall accept, and shall use to carry out this section the 
funds transferred under subsection (a), without further appropriation. 
    (c) Emergency Designation.--The amounts made available by the 
transfer of funds in or pursuant to subsection (a) are designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).
    (d) Allocation of Funds.--The Secretary shall use funds made 
available under subsection (a) as the Secretary determines to be 
necessary to provide assistance to individuals who, as determined by 
the Secretary in consultation with the Secretary of Homeland Security--
            (1) are victims of Hurricane Katrina or a related 
        condition; or
            (2) have been displaced by Hurricane Katrina or a related 
        condition.

SEC. 8. REPORT.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary, in consultation with the Secretary of Homeland Security, 
shall submit to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a report that--
            (1) describes whether additional funding or authority is 
        needed to continue to address the food needs of eligible 
        recipients; and
            (2) includes any determination by the President under 
        section 5(h)(4)(A)(iii)(II) of the Food Stamp Act of 1977 (as 
        added by section 3(a)) that an extension of the disaster 
        recovery period is not necessary to fully meet the needs of 
        affected households.

SEC. 9. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this Act.
    (b) Procedure.--The promulgation of the regulations and 
administration of this Act shall be made without regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices of proposed rulemaking and public participation in 
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').
    (c) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.
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