[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1765 Introduced in Senate (IS)]


109th CONGRESS
  1st Session
                                S. 1765

  To provide disaster relief and incentives for economic recovery for 
   Louisiana residents and businesses affected by Hurricane Katrina.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2005

  Ms. Landrieu (for herself and Mr. Vitter) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To provide disaster relief and incentives for economic recovery for 
   Louisiana residents and businesses affected by Hurricane Katrina.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Louisiana Katrina Reconstruction 
Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Treatment of amounts appropriated under this Act.
             TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

              Subtitle A--Department of Defense--Military

                   Subtitle B--Military Construction

               Subtitle C--Department of Veterans Affairs

                   Subtitle D--Department of Commerce

              Subtitle E--Department of Homeland Security

          Subtitle F--Department of Health and Human Services

        Subtitle G--Department of Housing and Urban Development

                Subtitle H--Department of Transportation

                    Subtitle I--Department of Energy

                  Subtitle J--Department of Education

                        Subtitle K--Coast Guard

                 Subtitle L--Department of the Interior

                 Subtitle M--Department of Agriculture

                   Subtitle N--Department of Justice

             TITLE II--IMPROVEMENTS TO DISASTER ASSISTANCE

Sec. 200. Sense of the Senate regarding the appointment of Federal 
                            Central Coordinating Agent.
                 Subtitle A--Immediate Disaster Relief

Sec. 201. Waiver of cost-sharing and maximum assistance requirements.
Sec. 202. Hazard mitigation grant program.
Sec. 203. State management costs.
Sec. 204. Disaster relief equity.
Sec. 205. Presidentially declared disaster area may include the Outer 
                            Continental Shelf.
Sec. 206. Expedited payments of Federal assistance for debris removal 
                            and emergency protective measures.
Sec. 207. Requirement to ensure debris clearance, removal, and disposal 
                            from emergency access roads.
Sec. 208. Inclusion of debris removal from private land as eligible 
                            claim for Federal assistance.
Sec. 209. Stafford Act waiver.
 Subtitle B--Providing Information and Assistance to Hurricane Katrina 
                                Evacuees

Sec. 211. Use of disaster relief and emergency assistance funds by 
                            individuals and households.
            Subtitle C--Emergency Preparedness and Response

Sec. 221. Creation of regional and field office facilities for the 
                            Department of Homeland Security.
Sec. 222. Appropriation for interoperable communications.
Sec. 223. Responsibilities of the Under Secretary for Emergency 
                            Preparedness and Response.
Sec. 224. Government Accountability Office report on Federal funds for 
                            Hurricane Katrina recovery.
           TITLE III--INDIVIDUAL CITIZENS RELIEF AND RECOVERY

                       Subtitle A--Housing Relief

Sec. 301. Housing vouchers.
Sec. 302. Home program.
Sec. 303. First time home buyer expansion.
Sec. 304. Home Business and Mortgage Protection Fund.
Sec. 305. Community Development Block Grant Program.
Sec. 306. Rural Housing and Economic Development Program.
Sec. 307. Definitions.
                        Subtitle B--TANF Relief

Sec. 311. Reimbursement of States for TANF benefits provided to assist 
                            families from other States affected by 
                            Hurricane Katrina.
Sec. 312. Increase in amount of additional TANF funds available for 
                            hurricane-damaged States.
Sec. 313. Work requirements and time limits under TANF program not 
                            triggered by receipt of temporary tanf 
                            benefits by families affected by Hurricane 
                            Katrina.
Sec. 314. Emergency designation.
    Subtitle C--Medicaid, Medicare, and Other Health Disaster Relief

Sec. 321. Definitions.
Sec. 322. Disaster relief medicaid.
Sec. 323. Targeted medicaid relief for direct impact parishes.
Sec. 324. Authority to waive requirements during national emergencies 
                            with respect to evacuees from an emergency 
                            area.
Sec. 325. Emergency assistance for States with respect to the Federal 
                            medical assistance percentage for fiscal 
                            year 2006.
Sec. 326. Emergency assistance to medicare beneficiaries.
Sec. 327. 100 percent Federal matching payments under medicaid for 
                            uncompensated care provided to survivors of 
                            Hurricane Katrina.
Sec. 328. Disaster relief fund for payments for private health 
                            insurance coverage.
Sec. 329. Eligibility of Katrina survivors for refundable credit for 
                            health insurance costs and assistance with 
                            health insurance coverage under national 
                            emergency grants.
Sec. 330A. National Health Service Corps.
Sec. 300A. Community health center grants.
Sec. 330B. Telemedicine.
Sec. 330C. Penalties for fraudulent use of licensure.
Sec. 330D. Waiver of certain medicare quality reporting requirements 
                            for hospitals.
Sec. 330E. Moratorium on redeterminations.
Sec. 330F. Accommodation of special needs of Katrina Survivors under 
                            medicare program.
Sec. 330G. Medicare providers and suppliers.
                     Subtitle D--Bankruptcy Relief

Sec. 331. Definitions; who may be a debtor.
Sec. 332. Amendments to chapter 5.
Sec. 333. Amendments to chapter 7.
Sec. 334. Amendments to chapter 11.
Sec. 335. Amendments to chapter 13.
Sec. 336. Effective date; application of amendments.
                 Subtitle E--Unemployment Compensation

Sec. 341. Federal-State agreements.
Sec. 342. Temporary Extended Unemployment Compensation Account.
Sec. 343. Payments to States having agreements for the payment of 
                            temporary extended unemployment 
                            compensation.
Sec. 344. Financing provisions.
Sec. 345. Fraud and overpayments.
Sec. 346. Definitions.
Sec. 347. Applicability.
                 Subtitle F--Special Reed Act Transfer

Sec. 351. Special Reed Act transfer.
   TITLE IV--PUBLIC RELIEF, SMALL BUSINESS, AND AGRICULTURE RECOVERY

                    Subtitle A--Education Assistance

Sec. 401. Federal work study.
Sec. 402. Eligibility of hospitals for assistance.
Sec. 403. Assistance for students affected by Hurricane Katrina.
                  Subtitle B--Small Business Recovery

Sec. 411. Disaster loans.
Sec. 412. Development company debentures.
Sec. 413. Small business emergency relief.
Sec. 414. Entrepreneurial development.
Sec. 415. Small business development centers.
Sec. 416. Hubzones.
Sec. 417. Outreach programs.
Sec. 418. Small business bonding threshold.
Sec. 419. Supplemental emergency loans.
Sec. 420. Small business participation.
Sec. 421. Energy emergency relief.
Sec. 422. Budgetary treatment of loans and financings.
Sec. 423. Emergency spending.
                        Subtitle C--Agriculture

Sec. 431. Short title.
Sec. 432. Application to Louisiana parishes designated as disaster 
                            areas due to Hurricane Katrina or related 
                            conditions.
Sec. 433. Crop disaster assistance.
Sec. 434. Sugarcane disaster assistance.
Sec. 435. Compensation for infrastructure losses.
Sec. 436. Assistance to dairy and livestock producers.
Sec. 437. Emergency citrus disaster, nursery crop and christmas tree 
                            disaster, and strawberry, horticultural 
                            crops, fall fruits and vegetables disaster 
                            programs.
Sec. 438. Conservation programs.
Sec. 439. Tree assistance program.
Sec. 440. Additional funds for Cooperative State Research, Education, 
                            and Extension Service.
Sec. 441. Delta Regional Authority expansion.
Sec. 442. Water and waste disposal loan and grant programs.
Sec. 443. Community facilities loan and grant programs.
Sec. 444. Rural community advancement funds.
Sec. 445. Regulations.
            Subtitle D--Privately Owned Utility Restoration

Sec. 461. Short title.
Sec. 462. Definitions.
Sec. 463. Privately owned utility disaster relief.
Sec. 464. Requirements for compensation; regulations.
Sec. 465. National Energy Infrastructure Zones.
Sec. 466. Provisions relating to depository institutions and credit 
                            unions.
                 TITLE V--REBUILDING OF INFRASTRUCTURE

                Subtitle A--Actions by Federal Agencies

Sec. 501. Pelican Commission.
Sec. 502. Presidential emergency permitting process.
Sec. 503. Federal contracting requirement for reconstruction.
Sec. 504. Continuation of worker payments and other allowable costs 
                            under Federal contracts.
Sec. 505. Restoration of telecommunications infrastructure.
                    Subtitle B--Economic Development

Sec. 521. Recovery assistance for Federal and State agencies, 
                            businesses, institutions of higher 
                            education, and public-private partnerships.
Sec. 522. Manufacturing extension partnership program.
Sec. 523. Public telecommunications facilities.
Sec. 524. Grants for technology and economic development in areas 
                            affected by Hurricane Katrina.
Sec. 525. Relief for crawfish industry.
Sec. 526. NOAA weather radio.
Sec. 527. Effects of Hurricane Katrina on fish and wildlife.
Sec. 528. Minority Business Development Agency.
Sec. 529. Southeast Louisiana Entrepreneurship Development Network.
Sec. 530. Export assistance program.
                       Subtitle C--Transportation

Sec. 541. Louisiana Department of Transportation and Development.
Sec. 542. Federal Aviation Administration.
Sec. 543. Federal Highway Administration.
Sec. 544. Federal Railroad Administration.
Sec. 545. Federal Transit Administration.
Sec. 546. Maritime Administration.
Sec. 547. Capital Construction Fund.
              Subtitle D--AmeriCorps Disaster Relief Corps

Sec. 551. Short title.
Sec. 552. Definitions.
Sec. 553. Authority.
Sec. 554. Establishment of Special AmeriCorps Disaster Relief Corps.
Sec. 555. Grants to States, cities, organizations; cooperation with 
                            Federal agencies.
Sec. 556. Transfer of funds to the National Service Trust.
Sec. 557. Authority for third-term benefits and educational award.
Sec. 558. Administrative expenses.
Sec. 559. Acceptance of donated services.
Sec. 560. Grants not subject to annual appropriations limitations.
Sec. 561. Authority to support programs operated by Federal agencies.
Sec. 562. Appropriation.
      TITLE VI--HURRICANE PROTECTION AND ENVIRONMENTAL RESTORATION

                    Subtitle A--Hurricane Protection

      Chapter 1--Domestic Offshore Energy Reinvestment Act of 2005

Sec. 601. Short title.
Sec. 602. Outer Continental Shelf.
                Chapter 2--Offshore Fairness Act of 2005

Sec. 611. Short title.
Sec. 612. Purposes.
Sec. 613. Seaward boundary extension.
     Subtitle B--Environmental Protection and Wetlands Restoration

                 Chapter 1--Louisiana Restoration Stamp

Sec. 621. Short title.
Sec. 622. Restoration program.
            Chapter 2--Lake Pontchartrain Basin Restoration

Sec. 631. Redesignation and extension of program authorization.
                           Chapter 3--Funding

Sec. 641. Environmental Protection Agency.
Sec. 642. Louisiana Department of Environmental Quality.
                  Chapter 4--Environmental Regulations

Sec. 651. Notice to Congress of Presidential waivers.
Sec. 652. Authority to facilitate reconstruction.
                 Chapter 5--Historic Preservation Fund

Sec. 661. Historic Preservation Fund.
                     Chapter 6--Mitigation Measures

Sec. 671. Mitigation measures.
           TITLE VII--JOBS RETURN AND REPOPULATION INCENTIVES

Sec. 700. Amendment of 1986 Code.
               Subtitle A--Emergency Tax Relief Measures

Sec. 700A. Hurricane Katrina Disaster Area.
  Chapter I--PENALTY FREE USE OF RETIREMENT FUNDS BY NATURAL DISASTER 
                                VICTIMS

Sec. 701. Penalty Free Withdrawals From Retirement Plans for Victims of 
                            Federally Declared Natural Disasters.
Sec. 702. Income averaging for disaster-relief distributions related to 
                            Hurricane Katrina.
Sec. 703. Recontributions of withdrawals for home purchases cancelled 
                            due to Hurricane Katrina.
Sec. 704. Loans from qualified plans to victims of Hurricane Katrina.
Sec. 705. Provisions relating to plan amendments.
                     Chapter II--EMPLOYMENT RELIEF

Sec. 706. Work Opportunity Tax Credit for Hurricane Katrina Employees.
Sec. 707. Employee retention credit for employers affected by Hurricane 
                            Katrina.
               Chapter III--CHARITABLE GIVING INCENTIVES

Sec. 711. Temporary Suspension of Limitations on Charitable 
                            Contributions.
Sec. 712. Charitable deduction for contributions of food inventories.
Sec. 713. Charitable deduction for contributions of book inventories.
Sec. 714. Additional exemption for housing Hurricane Katrina displaced 
                            individuals.
Sec. 715. Increase in standard mileage rate for charitable use of 
                            passenger automobile.
Sec. 716. Mileage reimbursements to charitable volunteers excluded from 
                            gross income.
              Chapter IV--ADDITIONAL TAX RELIEF PROVISIONS

Sec. 721. Exclusions of Certain Cancellations of Indebtedness for 
                            Victims of Hurricane Katrina.
Sec. 722. Suspension of certain limitations on personal casualty 
                            losses.
Sec. 723. Required exercise of authority under section 7508a for tax 
                            relief for victims of Hurricane Katrina.
Sec. 724. Special mortgage financing rules for residences located in 
                            Hurricane Katrina Disaster Area.
Sec. 725. Extension of replacement period for nonrecognition of gain 
                            for property located in Hurricane Katrina 
                            Disaster Area.
Sec. 726. Special rule for determining earned income.
Sec. 727. Secretarial authority to make adjustments regarding taxpayer 
                            and dependency status.
                    Chapter V--EMERGENCY REQUIREMENT

Sec. 731. Emergency Requirement.
                 Subtitle II--Additional Tax Incentives

Sec. 741. Tax benefits for the major disaster area damaged in Hurricane 
                            Katrina.
Sec. 742. Premiums for mortgage insurance.
Sec. 743. Suspension of air transportation excise taxes.
Sec. 744. Relocation tax credit for victims of Hurricane Katrina.
Sec. 745. 50-percent income tax holiday.
Sec. 746. Hurricane Katrina disaster zone restoration tax credit.
Sec. 747. 5-year carryback of net operating losses and temporary 
                            suspension of 90 percent AMT limit for 
                            businesses in Hurricane Katrina disaster 
                            zone.
Sec. 748. Allowance of income tax credit to small businesses whose 
                            operations were significantly interrupted 
                            by Hurricane Katrina.
Sec. 749. Home purchase by victims of Hurricane Katrina.
Sec. 750. Expedited refund claims.
Sec. 751. Application of new market tax credit to investments in 
                            community development entities serving 
                            areas affected by Hurricane Katrina.
Sec. 752. Modifications to low-income housing credit.
Sec. 753. Estate tax relief for Hurricane Katrina vicitms.
Sec. 754. Issuance of Gulf Opportunity Bonds.
                TITLE VIII--LAW ENFORCEMENT IMPROVEMENTS

Sec. 801. Definition of units of local government.
Sec. 802. Special Inspector General for Relief and Reconstruction.
Sec. 803. General Accountability Office report.
Sec. 804. Creating Federal crime of interfering with Federal disaster 
                            relief efforts.
Sec. 805. Penalties for fraud.
Sec. 806. Protecting of volunteers.
Sec. 807. Leave transfer program in disasters and emergencies.

SEC. 3. TREATMENT OF AMOUNTS APPROPRIATED UNDER THIS ACT.

    (a) Emergency Designation.--Each amount provided in this Act is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress).
    (b) Supplement, Not Supplant, Other Funds or Assistance.--All 
amounts appropriated under this Act shall supplement, and not supplant, 
amounts appropriated or made available for relief or assistance 
relating to Hurricane Katrina with respect to the State of Louisiana 
under any other provision of law.
    (c) No Reduction for Cost Reimbursement.--Except as otherwise 
provided in this Act, none of the funds appropriated under this Act may 
be reduced as a result of cost reimbursement authorized under any 
section of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.).
    (d) No Requirment for State Match or Contribution.--With respect to 
any funds appropriated under this Act to a program that would otherwise 
require a State matching payment or contribution (in cash or in kind), 
the requirement of such payment or contribution shall be waived.

             TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2005, namely:

              Subtitle A--Department of Defense--Military

                           MILITARY PERSONNEL

    For an additional amount for ``Military Personnel'', $82,500,000 to 
fund the increase in the family separation allowance payable under 
section 427 of title 37, United States Code: Provided, That the 
Secretary of Defense may allocate amounts available to the accounts of 
the appropriate branches of the Armed Forces, as determined by the 
Secretary.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$15,000,000 for emergency Hurricane Katrina expenses in Louisiana, to 
remain available until September 30, 2006: Provided, That the amount 
provided herein is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress).

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$400,000,000 for emergency Hurricane Katrina expenses in Louisiana, to 
remain available until September 30, 2006: Provided, That of the amount 
provided under this heading, $70,000,000 shall be available for SPAWAR 
Systems Center New Orleans, not to exceed $50,000,000 of which shall be 
available to repair and reestablish the capabilities, facilities, 
missions, functions, and equipment of the center, including support, 
maintenance, operation, and management support activities and 
enterprise information technology integration of existing legacy and 
developing Navy Department of Defense manpower, personnel, and training 
functions, and $20,000,000 of which shall be available for the 
evacuation, safe haven, and temporary relocation of Federal contractor 
personnel and related equipment and telecommuting expenses: Provided 
further, That the Secretary of the Navy and the Secretary of Defense 
shall co-locate the Naval Standard Integrated Personnel System and 
Defense Integrated Management Human Resources System program managers 
with the Defense Integrated Management Human Resources System program 
office and development staff at the SPAWAR Systems Center New Orleans, 
and shall establish the center as a central design activity for the 
development, production, and maintenance of all manpower, personnel, 
training, and education programs of the Navy: Provided further, That 
the amount provided herein is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $10,000,000 for emergency Hurricane Katrina expenses in 
Louisiana, to remain available until September 30, 2006: Provided, That 
the amount provided herein is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $50,000,000 for emergency Hurricane Katrina expenses in 
Louisiana, to remain available until September 30, 2006: Provided, That 
the amount provided herein is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $2,500,000 for emergency Hurricane Katrina expenses in 
Louisiana, to remain available until September 30, 2006: Provided, That 
the amount provided herein is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $75,000,000 for emergency Hurricane Katrina expenses in 
Louisiana, to remain available until September 30, 2006: Provided, That 
the amount provided herein is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $10,000,000 for emergency Hurricane Katrina expenses in 
Louisiana, to remain available until September 30, 2006: Provided, That 
the amount provided herein is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $100,000,000 for emergency Hurricane Katrina expenses 
in Louisiana, to remain available until September 30, 2006: Provided, 
That the amount provided herein is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $100,000,000 for emergency Hurricane Katrina expenses 
in Louisiana, to remain available until September 30, 2006: Provided, 
That the amount provided herein is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).

                              PROCUREMENT

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$50,000,000 for emergency Hurricane Katrina expenses of Army units 
stationed in Louisiana and Louisiana Army National Guard units, to 
remain available until September 30, 2007: Provided, That the amount 
provided herein is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress).

                   Shipbuilding and Conversion, Navy

    For an additional amount for ``Shipbuilding and Conversion, Navy'', 
$5,000,000 for emergency Hurricane Katrina expenses in Louisiana, to 
remain available until September 30, 2007: Provided, That all of such 
funds shall be made available for Navy shipbuilding activities in 
Louisiana: Provided further, That the amount provided herein is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress).

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$117,400,000 for emergency Hurricane Katrina expenses of Air Force 
units stationed in Louisiana and Louisiana Air National Guard units, to 
remain available until September 30, 2007: Provided, That of the amount 
provided under this heading, $17,400,000 shall be available for the 
Louisiana Air National Guard for the procurement of Mobile Air Approach 
Control Systems for Air National Guard units: Provided further, That 
the amount provided herein is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$250,000,000 for emergency Hurricane Katrina expenses in Louisiana, to 
remain available until September 30, 2007: Provided, That the amount 
provided herein is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress).

                  National Guard and Reserve Equipment

    For an additional amount for ``National Guard and Reserve 
Equipment'', $125,000,000 for emergency Hurricane Katrina expenses of 
the Louisiana National Guard and Reserve, to remain available until 
September 30, 2007: Provided, That the amount provided herein is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress).

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$4,000,000 for emergency Hurricane Katrina expenses in Louisiana, to 
remain available until expended: Provided, That the amount provided 
herein is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress).

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', $5,000,000 
for emergency Hurricane Katrina expenses in Louisiana, to remain 
available until expended: Provided, That the amount provided herein is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress).

                           GENERAL PROVISIONS

    Sec. 101. Availability of Certain Funds.--The amounts appropriated 
by this subtitle under the heading ``OPERATION AND MAINTENANCE'' shall 
be available for the construction of temporary or permanent public 
works, installations, and military, unaccompanied, or other family 
housing (and related facilities), including land acquisition related 
thereto, needed for response to or recovery from the effects of 
Hurricane Katrina, including the housing of servicemembers, their 
families, and other individuals displaced by Hurricane Katrina.
    Sec. 102. Applicability of Certain Provisions.--Members of the 
National Guard who have been activated in support of Hurricane Katrina 
relief and reconstruction efforts shall, for the duration of their 
service in support of such efforts, be treated as individuals eligible 
for benefits under the following provisions of this Act:
            (1) Subtitle B of title IV, related to education 
        assistance.
            (2) Subtitle C of title IV, related to small business 
        recovery.
            (3) Title VIII, related to tax relief.
    Sec. 103 Credit Toward National Guard and Reserve Mobilization 
Requirement.--Members of the National Guard and Reserves who are 
activated in support of Hurricane Katrina relief and reconstruction 
efforts shall receive credit for the duration of their service in 
support of such efforts for the purposes of the mobilization 
requirement under the 6-year deployment cycle policy of the Army 
National Guard, the Air National Guard, and the Army Reserve.
    Sec. 104. Temporary Increase in Family Separation Allowance for 
Members of the Uniformed Services.--
    (a) Temporary Increase.--
            (1) Increase.--Section 427(a) of title 37, United States 
        Code, is amended by striking ``$100'' and inserting ``$350''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on August 29, 2005, and shall apply with 
        respect to months beginning on or after August 1, 2005.
            (3) Termination.--Effective September 30, 2007, section 
        427(a) of title 37, United States Code, is amended by striking 
        ``$350'' and inserting ``$250''.
    (b) Conforming Amendments.--Effective as of the date of the 
enactment of this Act, the following provisions of law are repealed:
            (1) Subsection (e) of section 427 of title 37, United 
        States Code.
            (2) Paragraph (2) of section 623(b) of the Ronald W. Reagan 
        National Defense Authorization Act for Fiscal Year 2005 (Public 
        Law 108-375; 118 Stat. 1955).
    Sec. 105. Congressional Oversight.--The Secretary of Defense shall, 
not later than 90 days after the date of the enactment of this Act and 
every 90 days thereafter, submit to the Committees on Appropriations of 
the Senate and the House of Representatives reports detailing the 
allocation and obligation of all funds provided under this subtitle.

                   Subtitle B--Military Construction

                      Military Construction, Army

    For an additional amount for ``Military Construction, Army'', 
$20,000,000 for emergency Hurricane Katrina expenses in Louisiana, to 
remain available until September 30, 2010: Provided, That the amount 
provided herein is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress).

              Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy and 
Marine Corps'', $5,000,000 for emergency Hurricane Katrina expenses in 
Louisiana, to remain available until September 30, 2010: Provided, That 
the amount provided herein is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$3,000,000 for emergency Hurricane Katrina expenses in Louisiana, 
including the repair and reconstruction of damaged Air Force Reserve 
facilities, to remain available until September 30, 2010: Provided, 
That the amount provided herein is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).

                  Military Construction, Defense-Wide

    For an additional amount for ``Military Construction, Defense-
wide'', $160,000,000 for emergency Hurricane Katrina expenses in 
Louisiana, to remain available until September 30, 2010: Provided, That 
the funding shall be made available to the City of New Orleans to 
implement the 2005 recommendations of the Defense Base Closure and 
Realignment Commission related to the Federal city development in 
Algiers, Louisiana: Provided further, That the amount provided herein 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress).

               Military Construction, Army National Guard

    For an additional amount for ``Military Construction, Army National 
Guard'', $125,000,000 for emergency Hurricane Katrina expenses in 
Louisiana, to remain available until September 30, 2010: Provided, That 
the amount provided herein is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                  Military Construction, Naval Reserve

    For an additional amount for ``Military Construction, Naval 
Reserve'', $250,000,000 for emergency Hurricane Katrina expenses in 
Louisiana, to remain available until September 30, 2010: Provided, That 
the amount provided herein is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

               Military Construction, Air National Guard

    For an additional amount for ``Military Construction, Air National 
Guard'', $125,000,000 for emergency Hurricane Katrina expenses in 
Louisiana, to remain available until September 30, 2010: Provided, That 
the amount provided herein is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

           Family Housing Construction, Navy and Marine Corps

    For an additional amount for ``Family Housing Construction, Navy 
and Marine Corps'', $20,000,000 to repair damage to Navy, Naval 
Reserve, Marine Corps, and Marine Corps Reserve housing and related 
facilities in Louisiana sustained as a result of Hurricane Katrina, to 
remain available until September 30, 2010: Provided, That the amount 
provided herein is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress).

                 Family Housing Construction, Air Force

    For an additional amount for ``Family Housing Construction, Air 
Force'', $20,000,000 to repair damage to Air Force, Air National Guard, 
and Air Reserve housing and related facilities in Louisiana sustained 
as a result of Hurricane Katrina, to remain available until September 
30, 2010: Provided, That the amount provided herein is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).

               Family Housing Construction, Defense-Wide

    For an additional amount for ``Family Housing Construction, 
Defense-wide'', $20,000,000 for emergency Hurricane Katrina expenses in 
Louisiana, to remain available until expended: Provided, That the 
amount provided herein is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                           General Provisions

   land conveyance, naval support activity (east bank), new orleans.

    Sec. 101. (a) Conveyance Authorized.--The Secretary of the Navy 
shall convey to the City of New Orleans, Louisiana, or the Port of New 
Orleans, Louisiana (in this section referred to as the ``City'' and 
``Port Authority'', respectively), all right, title, and interest of 
the United States in and to a parcel of real property, including any 
improvements and facilities thereon, consisting of all acreage at the 
Naval Support Activity (east bank of the Mississippi River), New 
Orleans, Louisiana, for the purpose of facilitating the development and 
expansion of the City or Port Authority.
    (b) Description of Real Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The 
Secretary shall be responsible for the cost of the survey.
    (c) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.
    Sec. 102. Congressional Oversight.--The Secretary of Defense shall, 
not later than 90 days after the date of the enactment of this Act and 
every 90 days thereafter, submit to the Committees on Appropriations of 
the Senate and the House of Representatives reports detailing the 
allocation and obligation of all military construction and family 
housing funds provided under this subtitle.

               Subtitle C--Department of Veterans Affairs

                     Veterans Health Administration

                            medical services

    For an additional amount for ``Medical Services'', $1,000,000,000 
for increased medical services due to Hurricane Katrina, to remain 
available until expended: Provided, That the Secretary of Veterans 
Affairs may transfer the funds herein to subaccounts in the Veterans 
Health Administration and Departmental Administration accounts for 
costs incurred for evacuation, emergency repairs, reconstructional 
repair efforts, medical services, administrative services, and general 
operating costs: Provided further, That upon a determination that all 
or part of the funds so transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
Secretary of Veterans Affairs shall submit a report no later than 30 
days after the end of each fiscal quarter to the Congressional Veterans 
Committees summarizing the details of the transfer of funds.

                      Departmental Administration

                      construction, major projects

    For an additional amount for major construction projects, 
$500,000,000 for the reconstruction/repair of the New Orleans Regional 
VA Hospital.**

                           general provisions

    Sec. 106. Health Care and Services for Veterans Affected by 
Hurricane Katrina.
    (a) Definitions.--In this section:
            (1) The term ``close proximity'', means not more than 30 
        miles from the residence of the veteran.
            (2) The term ``priority 8 veteran affected by Hurricane 
        Katrina'' means any veteran affected by Hurricane Katrina who, 
        as of August 29, 2005, would have been treated as a veteran 
        covered by paragraph (8) of section 1705(a) of title 38, United 
        States Code, for purposes of enrollment in the system of annual 
        patient enrollment of the Department of Veterans Affairs under 
        such section.
            (3) The term ``specialized medical care'' means any medical 
        care for a veteran that is not offered at a Department of 
        Veterans Affairs facility in close proximity.
            (4) The term ``veteran affected by Hurricane Katrina'' 
        means any veteran who, as of August 29, 2005, resided in the 
        catchment region of the Department of Veterans Affairs medical 
        center in New Orleans, Louisiana.
    (b) Requirement for Hospital Care and Medical Services for Priority 
8 Veterans Affected by Hurricane Katrina.--
            (1) Requirement.--The Secretary of Veterans Affairs shall 
        furnish hospital care and medical services which the Secretary 
        determines to be needed to each priority 8 veteran affected by 
        Hurricane Katrina as if such veteran were a veteran described 
        by section 1710(a)(2) of title 38, United States Code.
            (2) Enhanced enrollment priority.--For purposes of 
        furnishing hospital care and medical services under paragraph 
        (1), the Secretary shall deem each priority 8 veteran affected 
        by Hurricane Katrina, upon the date of presentation of such 
        veteran to the Department of Veterans Affairs for such care and 
        services, to have enrolled in the system of annual patient 
        enrollment of the Department under section 1705(a) of title 38, 
        United States Code, on the first day of the current year of 
        such system in which such date falls.
    (c) Prohibition on Collection of Copayments for Veterans Affected 
by Hurricane Katrina.--In furnishing hospital care and medical services 
to any veteran affected by Hurricane Katrina, the Secretary shall not 
collect from or with respect to such veteran any payment for such care 
and services otherwise required under any provision of law, including 
any copayment for medications otherwise required under section 1722A of 
title 38, United States Code.
    (d) Specialized medical care.--Notwithstanding any other law, any 
veteran affected by Hurricane Katrina may receive specialized medical 
care from a Department of Veterans Affairs medical facility that is not 
in close proximity to the residence of the veteran.
    (e) Sunset provisions.--
            (1) Enhanced enrollment and copayment waiver.--Subsections 
        (b) and (c) shall be effective during the 6-month period 
        beginning on the date of enactment of this Act.
            (2) Specialized medical care.--Subsection (d) shall be 
        effective during the 1-year period beginning on the date of 
        enactment of this Act.

                   Subtitle D--Department of Commerce

            National Oceanic and Atmospheric Administration

                     fisheries disaster assistance

    In addition to amounts appropriated or otherwise made available for 
such purpose, $150,000,000, to remain available until expended, for a 
direct, lump-sum grant to the Louisiana Department of Wildlife and 
Fisheries for direct grants to Louisiana harvesters and vessel owners 
to provide replacement of the dockside values for all fishery resources 
in fisheries impacted by Hurricane Katrina: Provided, That the 
Secretary of Commerce shall make such amount available to the Louisiana 
Department of Wildlife and Fisheries not more than 30 days after the 
date of enactment of this Act and may not expend more than 2 percent of 
such amount for administration, technical assistance, and operation 
related to such grant.

                      menhaden fisheries recovery

    In addition to amounts appropriated or otherwise made available for 
such purpose, $14,000,000, to remain available until expended, for a 
direct, lump-sum grant to the Louisiana Department of Wildlife and 
Fisheries for direct grants to Louisiana harvesters and vessel owners 
to provide replacement for the dockside values for the menhaden 
fisheries impacted by Hurricane Katrina.

                       louisiana oyster recovery

    In addition to amounts appropriated or otherwise made available for 
such purpose, $90,000,000, to remain available until expended, for a 
direct, lump-sum grant to the Louisiana Oyster Task Force for the 
complete rehabilitation of public and private oyster reefs under the 
jurisdiction of Louisiana that were impacted by Hurricane Katrina: 
Provided, That of such amount, $250,000 shall be made available for 
oyster hatcheries in Louisiana: Provided further, That of such amount 
$8,000,000 shall be made available for oyster lease resurveying and 
oyster lease boundaries and for oyster lease equipment and facilities.

                   fisheries infrastructure recovery

    In addition to amounts appropriated or otherwise made available for 
such purpose, $150,000,000, to remain available until expended, to for 
the establishment of strategically located emergency fisheries 
infrastructure facilities to provide the dockside infrastructure 
required for the delivery of fish products to market in all fisheries 
impacted by Hurricane Katrina.

                   louisiana marine research recovery

    In addition to amounts appropriated or otherwise made available for 
such purpose, $14,000,000, to remain available until expended, for a 
direct, lump-sum grant to the Louisiana Department of Wildlife and 
Fisheries for the replacement of coastal and marine research facilities 
impacted by Hurricane Katrina.

                           seafood marketing

    In addition to amounts appropriated or otherwise made available for 
such purpose, $35,000,000, to remain available until expended, for a 
direct, lump-sum grant to the Louisiana Seafood Promotion and Marketing 
Board to rebuild markets for seafood products in fisheries impacted in 
Hurricane Katrina.

                       louisiana license renewal

    In addition to amounts appropriated or otherwise made available for 
such purpose, $14,000,000, to remain available until expended, for a 
direct, lump-sum grant to the Louisiana Department of Wildlife and 
Fisheries to provide license renewal fees for commercial or 
recreational fishing license holders and to provide oyster lease rent 
or renewal fees.

                           fisheries habitat

    In addition to amounts appropriated or otherwise made available for 
such purpose, $5,000,000, to remain available until expended, to 
restore and rehabilitate marsh, nursery habitat for fish, shrimp, and 
crabs in Louisiana.

                 severe weather forecasting and warning

    In addition to amount appropriated or otherwise made available for 
such purpose, $4,000,000, to remain available until expended, for the 
National Weather Service to ensure continued weather forecasting 
services in areas that could be impacted by hurricanes and other severe 
coastal weather events, including floods: Provided, That such funds 
should be made available to the South Regional Weather Center for 
hurricane forecasting and data delivery during an emergency.

              louisiana state university hurricane center

    In addition to amount appropriated or otherwise made available for 
such purpose, $5,000,000, to remain available until expended, to 
implement an emergency response decision support system and expert 
guidance that is capable of rapid deployment to support emergency 
response and recovery activities, including scalable hurricane response 
capabilities, in-place resources and readiness, integrated modeling and 
information delivery systems, pre-defined inventories of domain experts 
and resources, and an infrastructure that my be adopted in all regions 
of the Eastern United States that are impacted hurricanes and the 
Caribbean region. Such system shall be integrated with Federal and 
State response planning and shall be developed in cooperation with 
universities in Louisiana.

            waiver of federal fisheries laws and regulations

    The Secretary of Commerce shall waive the provisions of any Federal 
law or regulation that requires the protection of endangered or 
otherwise protected species in the immediate waters impacted by 
Hurricane Katrina. Such waiver shall be effective for a 1-year period 
beginning on a date determined by the Secretary, in consultation with 
the head of the Louisiana Department of Wildlife and Fisheries.

                         emergency designation

    The amounts provided in this subtitle are designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).

              Subtitle E--Department of Homeland Security

                           general provisions

    Sec. 111. Payment of Base Wages.--Notwithstanding any provision of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), the President shall pay the base wages and 
overtime wages for any employee of a parish of the State of Louisiana 
for any activity carried out under a recovery effort relating to 
Hurricane Katrina or a related condition.
    Sec. 112. Immediate Disaster Relief Funding.--
    (a) Emergency Management Performance Grants.--
            (1) In general.--In addition to amounts available as of the 
        date of enactment of this Act for the emergency management 
        performance grant program of the Department of Homeland 
        Security, notwithstanding any other provision of law, not later 
        than 30 days after the date of enactment of this Act, out of 
        any funds in the Treasury not otherwise appropriated, the 
        Secretary of the Treasury shall transfer to the Secretary of 
        Homeland Security, to provide increased amounts to States under 
        that program for use in responding to a major disaster relating 
        to Hurricane Katrina declared by the President on August 29, 
        2005, in accordance with section 401 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), 
        $91,200,000, to remain available until expended: Provided, That 
        such amounts are used for construction of an Emergency 
        Operations Center to provide immediate command centers and 
        communication after a disaster or emergency event in each of 
        the following parishes, each of which shall receive $4,800,000 
        from such amounts: Jefferson, St. Tammany, Washington, 
        Tangipahoa, Livingston, St. Bernard, Plaquemine, Lafourche, 
        Terrebonne, St. Mary, St. Martin, Lafayette, Calcasieu, 
        Cameron, Vermillion. St. Charles, St. John, Iberia, and 
        Ascension.
            (2) Receipt and acceptance.--The Secretary of Homeland 
        Security shall be entitled to receive, shall accept, and shall 
        use to carry out this subsection the funds transferred under 
        paragraph (1), without further appropriation. 
    (b) Urban Search and Rescue and Natural Disaster Medical Systems.--
            (1) In general.--In addition to amounts available as of the 
        date of enactment of this Act for urban search and rescue 
        systems, and natural disaster medical systems, of the Federal 
        Emergency Management Agency, notwithstanding any other 
        provision of law, not later than 30 days after the date of 
        enactment of this Act, out of any funds in the Treasury not 
        otherwise appropriated, the Secretary of the Treasury shall 
        transfer to the Secretary of Homeland Security, to provide 
        increased amounts for those teams for use in responding to a 
        major disaster relating to Hurricane Katrina declared by the 
        President on August 29, 2005, in accordance with section 401 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5170), $2,500,000, to remain available until 
        expended. Provided, That up to $1,000,000,000 may be 
        transferred to and merged with ``Emergency Preparedness and 
        Response, Public Health Programs'' for the National Disaster 
        Medical System to support medical care as authorized by section 
        2811 of the Public Health Service Act (42 U.S.C. 300hh-11): 
        Provided further, That $15,000,000 shall be transferred to and 
        merged with ``Departmental Management and Operations, Office of 
        Inspector General'' for necessary expenses of the Office of 
        Inspector General for audits and investigations as authorized 
        by law for Hurricane Katrina response and recovery activities: 
        Provided further, That the amounts provided herein are 
        designated as an emergency requirement pursuant to section 402 
        of H. Con. Res. 95 (109th Congress).
            (2) Receipt and acceptance.--The Secretary of Homeland 
        Security shall be entitled to receive, shall accept, and shall 
        use to carry out this subsection the funds transferred under 
        paragraph (1), without further appropriation.
    Sec. 113. Assistance to Firefighters.--$250,000,000 for assistance 
to firefighters for hurricane related expenses, available until 
expended.
    Sec. 114. (a) Community Disaster Loans.--Notwithstanding any other 
provision of law, no limitation on the amount or percentage of 
assistance that may be provided in the form of a community disaster 
loan under section 417(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5184(b)) shall apply to any 
community disaster loan made under section 417 of that Act to assist 
any local government in which a major disaster relating to Hurricane 
Katrina was declared to exist by the President on August 29, 2005, in 
accordance with section 401 of that Act (42 U.S.C. 5170).
    (b) Allocation.--Of funds appropriated for community disaster loans 
in fiscal year 2006 under section 417(b) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184(b)), not 
less than--
            (1) $450,000,000 shall be used for loans to local 
        governments located in Orleans Parish, Louisiana;
            (2) $250,000,000 shall be used for loans to local 
        governments located in Jefferson Parish, Louisiana;
            (3) $300,000,000 shall be used for loans to local 
        governments located in St. Bernard Parish, Louisiana; and
            (4) $25,000,000 shall be used for loans to local 
        governments located in Plaquemines Parish, Louisiana.
            (5) $9,000,000 shall be used for loans to local government 
        in St. Tammany Parish, Louisian.
    (c) Definition.--In this section, the term ``local government'' 
means any local government, as that term is defined in section 102(6) 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5122(6)), that has suffered a loss of tax or other revenue.

          Subtitle F--Department of Health and Human Services

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For an additional amount to the Louisiana Department of Health and 
Hospitals, Office of Mental Health for carrying out titles V and XIX of 
the Public Health Service Act with respect to substance abuse and 
mental health services in Louisiana, $400,000,000 for emergency 
hurricane expenses, to remain available until September 30, 2006: 
Provided, That from such amount, $100,000,000 shall be made available 
for psychological trauma response early intervention, prevention, and 
disorder treatment by culturally competent counselors and mental health 
professionals for children who are 0 to 5 years of age: Provided 
further, That from such amount, $100,000,000 shall be made available to 
provide funds in consultation with the Louisiana Department of 
Education for the assessment, response, and treatment of the mental 
health needs of school age children with services to be provided by 
culturally competent counselors and mental health professionals: 
Provided further, That from such amount, $100,000,000 shall be made 
available to increase funding for psychological trauma response early 
intervention, prevention, and disorder treatment and suicide prevention 
by culturally competent counselors and mental health professionals: 
Provided further, That from such amount, $100,000,000 shall be made 
available to be kept separate and apart from mental health funds 
allocated to the Louisiana State agency for substance abuse for 
substance abuse assessment, early intervention, prevention, and 
treatment.

               Centers for Disease Control and Prevention

                disease control, research, and training

    For an additional amount for the Centers for Disease Control and 
Prevention, $300,000,000, to remain available until September 30, 2006: 
Provided, That from such amount, $50,000,000 shall be made available to 
the Environmental Health Lab/Bio Monitoring Fund for evacuees, rescue 
workers, and others: Provided further, That from such amount, 
$50,000,000 shall be made available to the Environmental Health 
Tracking Network for ongoing public health tracking and registries as a 
result of Hurricane Katrina: Provided further, That from such amount, 
$100,000,000 shall be made available for Public Health Improvement to 
rebuild the Louisiana public health infrastructure affected by 
Hurricane Katrina: Provided further, That $100,000,000 shall be made 
available to carry out mosquito abatement activities under section 317S 
of the Public Health Service Act for States affected by Hurricane 
Katrina.

                Administration for Children and Families

                   low income home energy assistance

    For an additional amount for making payments under title XXVI of 
the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8621 et seq.), 
$36,000,000, which shall be made available for payments to Louisiana, 
and which shall be made available for obligation in fiscal year 2005 
and remain available until expended.

                      social services block grant

    For an additional amount for making grants to the State of 
Louisiana pursuant to section 2002 of the Social Security Act, 
$13,000,000, which shall be made available for obligation in fiscal 
year 2006.

                children and families services programs

    For an additional amount for making payments to the State of 
Lousiana for carrying out the provisions of subpart 1 of part B of 
title IV of the Social Security Act, $11,000,000. Such payments shall 
be used for the purpose of providing family reunification and family 
support services for children who reside or resided in the State of 
Louisiana in an area in which a major disaster relating to Hurricane 
Katrina was declared by the President under section 401 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170), including such children who are receiving foster care 
maintenance payments under section 472 of the Social Security Act (42 
U.S.C. 672), adoption assistance payments under section 473 of such Act 
(42 U.S.C. 673), or are determined by the State to be otherwise in need 
of child welfare services.
    For an additional amount for making payments to the State of 
Louisiana to carry out the John H. Chafee Foster Care Independence 
Program pursuant to section 477 of the Social Security Act, $1,358,000, 
which shall be made available for obligation in fiscal year 2006:

                   promoting safe and stable families

    For an additional amount for making payments to the State of 
Louisiana for carrying out the provisions of subpart 2 of part B of 
title IV of the Social Security Act, $26,000,000.

                        Office of the Secretary

            public health and social services emergency fund

    For emergency and other services, $1,000,000,000 to be made 
available by the Secretary of Health and Human Services to provide 
funds to the Louisiana Department of Health and Hospitals, to remain 
available until December 31, 2006: Provided, That such funds shall not 
have any affect on any funding available from the Federal Emergency 
Management Agency to Louisiana: Provided further, That from such 
amount, $500,000,000 shall be made available to be used, in 
consultation with the Department of Health and Human Services, for 
emergency grants and reimbursements awarded by the Louisiana Department 
of Health and Hospitals for health care suppliers and providers that 
incurred healthcare-related expenses or lost revenues as a result of 
their response to the public health emergency resulting from Hurricane 
Katrina, including funding for additional medical personnel, hospital 
equipment, community health centers, social services, disabled or 
elderly care, and emergency rooms: Provided further, That from such 
amount, $500,000,000 shall be made available to be used, in 
consultation with the Department of Health and Human Services, for 
grants for the funding of activities for immediate emergency needs, 
including rebuilding, repairing, and restoration of healthcare 
infrastructures, including offices, clinics, community health centers, 
and hospitals, with a priority given to requests involving those 
hospitals that maintained operations through Hurricane Katrina and are 
still in operation as of the date of enactment of this Act and with 
special consideration given to requests relating to the immediate 
emergency needs of hospitals, physicians' offices, community health 
centers, and clinics, in that order.

               child care and development block grant act

    For an additional amount for making payments to the State of 
Louisiana to carry out activities authorized under the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) for 
individuals impacted by Hurricane Katrina, $100,000,000, to remain 
available until expended.

        Subtitle G--Department of Housing and Urban Development

                       PUBLIC AND INDIAN HOUSING

                     tenant-based rental assistance

    For an additional amount for ``Tenant-Based Rental Assistance'' for 
annual contributions contracts for tenant-based assistance under 
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 
for use only for assistance for families displaced as a result of 
Hurricane Katrina, $3,500,000,000, to remain available until expended: 
Provided, That notwithstanding any other provision of law, the entire 
amount provided herein shall be available immediately and shall not be 
subject to apportionment for the purpose of chapter 15 of title 31, 
United States Code: Provided further, That the amount provided herein 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress).

                   COMMUNITY PLANNING AND DEVELOPMENT

                       community development fund

    For an additional amount for ``Community Development Fund'' for 
activities authorized under title I of the Housing and Community 
Development Act of 1974, for use only for disaster relief, long-term 
recovery, and mitigation in communities affected by Hurricane Katrina, 
except those activities reimbursable by the Federal Emergency 
Management Agency or available through the Small Business 
Administration, and for reimbursement for expenditures incurred from 
the regular Community Development Block Grant formula allocation used 
to achieve these same purposes, $50,000,000,000, to remain available 
until expended: Provided, That of the amount provided under this 
heading, the Secretary of Housing and Urban Development may use up to 
$5,000,000,000 under the HOME Investment Partnerships Program for 
assistance under title II of the Cranston-Gonzalez National Affordable 
Housing Act in areas affected by Hurricane Katrina: Provided further, 
That of the amount provided under this heading, the Secretary of 
Housing and Urban Development may use up to $5,000,000,000 under the 
HOPE VI program in areas affected by Hurricane Katrina: Provided 
further, That the amount provided herein is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress): Provided further, for expenses to assist businesses in 
Louisiana during recovery from and reconstruction of facilities damaged 
by Hurricane Katrina, for ``Louisiana Business Redevelopment Fund'', 
$10,000,000,000, to remain available until expended: Provided, That the 
State of Louisiana in conjunction with local authorities in the 
additional disaster parishes, shall: (1) establish a Bayou State 
Redevelopment Corporation (``the corporation''); (2) distribute the 
funds provided for the ``Louisiana Business Redevelopment Fund'' 
through the Bayou State Redevelopment Corporation; (3) within 90 days 
of the date of enactment of this Act, issue the initial criteria and 
requirements necessary to accept applications from individuals, 
nonprofits, and small businesses for economic losses from the August 
28, 2005, impact of Hurricane Katrina; and (4) begin processing such 
applications: Provided further, That the corporation shall 
expeditiously respond to any application from an individual, nonprofit, 
or small business for economic losses under this heading: Provided 
further, That of the total amount made available for the ``Louisiana 
Business Redevelopment Fund'', no less than $750,000,000 shall be made 
available for individuals, nonprofits, or small businesses described, 
with a limit of $750,000 per small business for economic losses: 
Provided further, That amounts made available in the previous proviso 
shall only be available for individuals, nonprofits, or small 
businesses located in communities within the State of Louisiana 
designated by the President as a major disaster under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act, in connection 
with Hurricane Katrina: Provided further, That, of the amount provided 
in this paragraph, $1,000,000,000 shall be used for a program to aid 
the travel and tourism industry.

                            HOUSING PROGRAMS

                            mortgage relief

    For mortgage relief for individuals affected by Hurricane Katrina, 
$5,000,000,000, to remain available until March 30, 2007: Provided, 
That the Secretary of Housing and Urban Development shall consult with 
the Administrator of the Small Business Administration prior to issuing 
such funds to an individual: Provided further, That the amount provided 
herein is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress).

                Subtitle H--Department of Transportation

                        transportation programs

    For an additional amount for necessary expenses to carry out the 
projects and activities described in title V--
            (1) $7,000,000,000 shall be available to the Louisiana 
        Department of Transportation and Development for construction, 
        maintenance, and repair of evacuation and energy supply routes 
        in the State of Louisiana;
            (2) $5,000,000,000 shall be available to the Louisiana 
        Department of Transportation and Development for expansion of 
        road and transit capacity;
            (3) $1,000,000,000 shall be available to the Port of New 
        Orleans, Louisiana, for restoration, protection, and 
        improvement of infrastructure;
            (4) $1,000,000,000 shall be available to the Louisiana 
        Department of Transportation and Development to provide grants 
        for restoration, protection, and improvement of infrastructure 
        to ports other than the Port of New Orleans;
            (5) $71,800,000 shall be available to the Federal Aviation 
        Administration for reimbursements to the Louis Armstrong New 
        Orleans International Airport;
            (6) $2,900,000,000 shall be available for the emergency 
        relief program of the Department of Transportation under 
        section 125 of title 23, United States Code;
            (7) $20,000,000 shall be available for the establishment 
        and implementation of comprehensive development plans for 
        development districts in the State of Louisiana;
            (8) $36,000,000 shall be available to the Federal Railroad 
        Administration for reimbursements to the New Orleans Public 
        Belt Railroad for anticipated revenue shortfalls due to 
        Hurricane Katrina;
            (9) $190,000,000 shall be available to the New Orleans 
        Regional Transit Authority for revenues lost as a consequence 
        of Hurricane Katrina; and
            (10) $150,000,000 shall be available to the Maritime 
        Administration of the Department of Transportation for the cost 
        of guaranteed loans.
    The amounts provided under this heading are designated as an 
emergency requirement pursuant to section 402 of the conference report 
to accompany H. Con. Res. 95 (109th Congress).

                    Subtitle I--Department of Energy

                          energy conservation

    For an additional amount for necessary expenses in carrying out the 
weatherization program established under part A of title IV of the 
Energy Conservation and Production Act (42 U.S.C. 6861 et seq.), 
$11,000,000, which shall be made available for such expenses in 
Louisiana, and shall remain available until expended.

                  Subtitle J--Department of Education

                         Teacher Incentive Fund

    For an additional amount for a teacher incentive fund, $750,000,000 
to remain available until expended: Provided That such funds shall be 
made available to the Louisiana Department of Education, to create a 
teacher incentive fund to provide assistance to all teachers who were 
employed on August 29, 2005, in Louisiana and affected by Hurricane 
Katrina, as directed by the Louisiana Department of Education, which 
funds shall remain available to the Louisiana Department of Education 
until expended: Provided further, That the amount of any such funds to 
be provided to a teacher shall be reduced by any amount the teacher 
receives under section 410(a) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5177(a)), for temporary 
extended unemployment compensation under subtitle E of title III, for 
temporary employment, or under any other Federal program: Provided 
further, That such funds shall only be made available to a teacher if 
the teacher enters into a written agreement with the Louisiana 
Department of Education to return to employment at the teacher's home 
school in Louisiana once the return is determined appropriate by the 
Louisiana Department of Education.

                              Project Serv

    For an additional amount for Project Serv under the Safe and Drug-
Free Schools and Communities Act (20 U.S.C. 7101 et seq.) for 
individuals impacted by Hurricane Katrina, $5,000,000 to remain 
available until expended for Hurricane Katrina affected Louisiana 
communities.

                           GENERAL PROVISIONS

SEC. 120. SUPPORT FOR ELEMENTARY AND SECONDARY SCHOOLS WITH A LARGE 
              INFLUX OF DISPLACED STUDENTS.

    (a) Purpose.--It is the purpose of this section--
            (1) to provide assistance to eligible local educational 
        agencies experiencing large increases in student enrollment due 
        to Hurricane Katrina;
            (2) to assist private and parochial schools experiencing 
        large increases in student enrollment due to Hurricane Katrina.
            (3) to facilitate the enrollment of students impacted by 
        Hurricane Katrina into elementary schools and secondary schools 
        served by such agencies and private and parochial schools; and
            (4) to provide high quality instruction to such students.
    (b) Grants Authorized.--
            (1) In general.--The Secretary of Education shall award 
        grants to eligible local educational agencies and eligible 
        private schools.
            (2) Eligible local educational agencies and eligible 
        private schools.--
                    (A) Child count.--Each State that has a large 
                influx of displaced students due to Hurricane Katrina, 
                as determined by the Secretary of Education, shall set 
                a child count date for local educational agencies in 
                the State that have a large influx of such students, as 
                determined by the State, for the purpose of determining 
                the total number of such students in each such agency.
                    (B) Definition of eligible local educational 
                agency.--In this section, the term ``eligible local 
                educational agency'' means a local educational agency--
                            (i) that serves, as determined in 
                        accordance with the child count described in 
                        subparagraph (A), not less than 30 displaced 
                        students due to Hurricane Katrina; or
                            (i) that serves an elementary school or 
                        secondary school in which not less than 3 
                        percent of the students enrolled at the school 
                        are displaced students due to Hurricane 
                        Katrina, as determined in accordance with the 
                        child count described in subparagraph (A).
                    (C) Definition of eligible private school.--The 
                term eligible private school means a private or 
                parochial elementary or secondary school that meets the 
                requirements of subparagraph (B)(i) and is a school 
                described in subparagraph (B)(ii).
            (3) Grant amount.--An eligible local educational agency or 
        an eligible private school that receives a grant under this 
        section shall receive a grant amount that is equal to $4,000 
        multiplied by--
                    (A) in the case of an eligible local educational 
                agency, the number of students who enroll in elementary 
                schools and secondary schools served by such agency 
                because the students are displaced due to Hurricane 
                Katrina; and
                    (B) in the case of an eligible private school, the 
                number of students enrolled in the private school who 
                are displaced due to Hurricane Katrina.
    (c) Application.--Each eligible local educational agency and 
eligible private school desiring a grant under this section shall 
prepare and submit an application to the Secretary of Education that 
contains--
            (1) an assurance that the educational programs, services, 
        and activities proposed under this section will be administered 
        by or under the supervision of the agency or the eligible 
        private school, respectively;
            (2) an assurance that the agency or eligible private school 
        will coordinate the use of funds received under this section 
        with other funds received by the agency or the eligible private 
        school under the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6301 et seq.) and with programs described under such 
        Act;
            (3) an assurance that funds will be used--
                    (A)(i) in the case of funds received by an eligible 
                local educational agency, to improve instruction to 
                students who enroll in elementary schools and secondary 
                schools served by such agency because the students are 
                displaced due to Hurricane Katrina; or
                    (ii) in the case of funds received by an eligible 
                private school, to improve instruction to students 
                enrolled in the school who are displaced due to 
                Hurricane Katrina; and
                    (B) to facilitate such students' transition into 
                schools served by the agency or eligible private 
                school; and
            (4) such other information and assurances as the Secretary 
        may reasonably require.
    (d) Use of Funds.--Each eligible local educational agency or 
eligible private school that receives a grant under this section shall 
use the grant funds to enhance instructional opportunities for students 
who enroll in elementary schools and secondary schools served by such 
agency or the eligible private school, respectively, because the 
students are displaced due to Hurricane Katrina, which may include--
            (1) basic instructional services for such students, 
        including tutoring, mentoring, or academic counseling;
            (2) salaries of personnel, including teacher aides, to 
        provide instructional services to such students;
            (3) identification and acquisition of curricular material, 
        including the costs of providing additional classroom supplies, 
        overhead costs, costs of construction, acquisition or rental of 
        space, costs of transportation, or such other costs as are 
        directly attributable to such instructional services for such 
        students;
            (4) health services (including mental health services), 
        meals, and clothing; and
            (5) such other activities, related to the purpose of this 
        section, as the Secretary of Education may authorize.
    (e) Appropriations.--
            (1) In general.--Out of any money in the Treasury not 
        otherwise appropriated, there are authorized to be appropriated 
        and there are appropriated to carry out this section such sums 
        as may be necessary.
            (2) Emergency designation.--The amount appropriated under 
        this subsection is designated as an emergency requirement 
        pursuant to section 402 of H. Con. Res. 95 (109th Congress).

SEC. 121. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.

    (a) Purpose.--It is the purpose of this section--
            (1) to provide immediate and direct assistance to local 
        educational agencies and private or parochial schools in 
        Louisiana that serve an area in which a major disaster has been 
        declared in accordance with section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170), related to Hurricane Katrina;
            (2) to assist school district administrators and personnel 
        of such agencies or schools who are working to restart 
        operations in elementary schools and secondary schools served 
        by such agencies or schools; and
            (3) to facilitate the reopening of elementary schools and 
        secondary schools served by such agencies or schools and the 
        enrollment of students in schools served by such agencies or 
        schools as soon as possible.
    (b) Payments Authorized.--From amounts appropriated to carry out 
this section, the Secretary of Education is authorized to make payments 
to the State Departments of Education in Louisiana for use in 
restarting schools located in an area in which a major disaster has 
been declared in accordance with section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related 
to Hurricane Katrina.
    (c) Supplement Not Supplant.--Funds made available under this 
section shall be used to supplement, not supplant, any funds made 
available through the Federal Emergency Management Agency or through a 
State.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $600,000,000 for fiscal year 
2006.

SEC. 122. EDUCATION FOR INDIVIDUALS WITH DISABILITIES.

    (a) Data for Funding Calculations.--In calculating funding under 
the Individuals with Disabilities Education Act (20 U.S.C. 1400 et 
seq.) for the 2005-2006 school year and the 2006-2007 school year for a 
State that meets the requirements of subsection (b), the Secretary of 
Education shall use data from the 2004-2005 school year to determine 
the number of children in such State for the purposes of--
            (1) subsections (a) and (d)(3) of section 611 of the 
        Individuals with Disabilities Education Act (20 U.S.C. 1411 (a) 
        and (d)(3));
            (2) section 619 of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1419), if such State is eligible to 
        receive an allocation under such section; and
            (3) section 643(c) of the Individuals with Disabilities Act 
        (20 U.S.C. 1443(c)).
    (b) Sending State.--A State referred to in subsection (a) is a 
State that--
            (1) includes an area in which the President has declared 
        that a major disaster exists in accordance with section 401 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5170) related to Hurricane Katrina; and
            (2) for the 2005-2006 school year or 2006-2007 school year, 
        has a net loss of students attending the schools located in the 
        State, as compared the 2004-2005 school year.

SEC. 123. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.

    (a) In General.--In addition to amounts otherwise appropriated to 
carry out subtitle B of title VII of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11431 et seq.), and out of any money in the 
Treasury not otherwise appropriated, there are appropriated $20,000,000 
for the 180-day period beginning on the date of enactment of this 
section to carry out education for homeless children and youths under 
such subtitle for homeless children and youths affected by Hurricane 
Katrina.
    (b) Emergency Designation.--The amount appropriated under this 
section is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress).

SEC. 124. WAIVERS OF FEDERAL STUDENT AID.

    Section 484B(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 
1091b(b)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(D) Waivers of federal student aid.--The 
                Secretary may issue one-time waivers of the amounts 
                that students are required to return under this section 
                with respect to student aid awarded under this title, 
                if--
                            ``(i) the students were residing in, 
                        employed in, or attending an institution of 
                        higher education that is located in an area--
                                    ``(I) in which the President has 
                                declared that a major disaster exists, 
                                in accordance with section 401 of the 
                                Robert T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5170); and
                                    ``(II) in which individual an 
                                public assistance is available pursuant 
                                to this Act; and
                            ``(ii) the students' attendance was 
                        interrupted because of the impact of the 
                        disaster on the student or the institution.''.

SEC. 125. WAIVER AUTHORITY TO MODIFY AUTHORIZED USES OF TRIO, GEAR-UP, 
              PART A OR B OF TITLE III AND OTHER GRANTS

    The Secretary is authorized to modify the required and allowable 
uses of funds under chapters 1 and 2 of subpart 2 of part A of title IV 
of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq., 1070a-21 
et seq.), under part A or B of title III (20 U.S.C. 1057 et seq., 1060 
et seq.), and under any other competitive grant program, at the request 
of an institution or other grantee affected by Hurricane Katrina, with 
respect to affected institutions and other grantees located in an area 
which an emergency or major disaster was declared under section 401 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act due 
to the effects of Hurricane Katrina.

SEC. 126. FUND FOR EARLY CHILDHOOD CARE AND EDUCATION.

    (a) Purpose.--It is the purpose of this section--
            (1) to provide assistance to local communities experiencing 
        large influxes of preschool-aged children displaced by 
        Hurricane Katrina;
            (2) to provide assistance to local communities in Louisiana 
        that are directly impacted by Hurricane Katrina; and
            (3) to facilitate placement of such children in early 
        childhood education programs.
    (b) Early Childhood Education Programs.--In this section, the term 
``early childhood education program'' means a Head Start program or a 
LA 1 Early Head Start program carried out under the Head Start Act (42 
U.S.C. 9831 et seq.), a State licensed or regulated child care program 
or school, or a State prekindergarten program that serves children from 
birth through kindergarten.
    (c) Grants and Subgrants Authorized.--
            (1) Grants.--The Secretary of Health and Human Services 
        shall award grants to States demonstrating large influxes of 
        children and families displaced due to Hurricane Katrina.
            (2) Subgrants.--
                    (A) In general.--A State receiving a grant under 
                paragraph (1) shall award subgrants to affected local 
                communities in the State to facilitate placement of 
                displaced children in existing early childhood 
                education programs.
                    (B) Affected local communities.--In this paragraph, 
                the term ``affected local community'' means a local 
                community--
                            (i) in a State described in subparagraph 
                        (A) in which--
                                    (I) there are not less than 200 
                                pre-school aged children who are 
                                displaced due to Hurricane Katrina; or
                                    (II) there is a significant 
                                percentage of the total number of 
                                children participating in early 
                                childhood education programs in the 
                                community who are children who are in 
                                the community because the children are 
                                displaced due to Hurricane Katrina, as 
                                determined by the Secretary of Health 
                                and Human Services; or
                            (ii) in a Louisiana parish affected by 
                        Hurricane Katrina.
    (d) Applications.--Each State that desires to receive a grant under 
this section shall prepare and submit an application to the Secretary 
of Health and Human Services that contains--
            (1) a description of the collaborative planning process 
        between the State agency responsible for pre-kindergarten, 
        State child care administrator, and Head Start Collaboration 
        Director to facilitate the placement of children who are 
        displaced due to Hurricane Katrina in early childhood education 
        programs;
            (2) assurances that funds received under this section will 
        be used for the purpose described in subsection (a);
            (3) a plan to coordinate funds received under this section 
        with existing resources available to the early childhood 
        education programs for similar purposes; and
            (4) such other information and assurances as the Secretary 
        of Health and Human Services may reasonably require.
    (e) Use of Subgrant Funds.--
            (1) In general.--Each affected local community receiving a 
        subgrant under this section shall use the subgrant funds only 
        for--
                    (A) costs associated with accommodating the influx 
                of displaced children, including acquisition or rental 
                of space;
                    (B) costs associated with providing services to 
                displaced children, including related services such as 
                nutrition and acquisition of related materials; and
                    (C) costs associated with hiring additional 
                personnel, including teacher aides or personnel working 
                with families of children.
            (2) Income and documentation waiver.--The Secretary of 
        Health and Human Services shall waive requirements of income 
        eligibility and documentation for children displaced by 
        Hurricane Katrina who participate in early childhood education 
        programs, such as Head Start programs and Early Head Start, 
        funded by subgrants awarded pursuant to this section.
    (f) Appropriations.--
            (1) In general.--Out of any money in the Treasury not 
        otherwise appropriated, there are authorized to be appropriated 
        and there are appropriated to carry out this section 
        $600,000,000 for fiscal year 2006, of which not more than .05 
        percent may be used for administrative expenses.
            (2) Availability.--Funds appropriated under this subsection 
        shall remain available until expended or until the date that is 
        2 years after the date of enactment of this Act, whichever is 
        earlier.
            (3) Emergency designation.--The amount appropriated under 
        this subsection is designated as an emergency requirement 
        pursuant to section 402 of H. Con. Res. 95 (109th Congress).

SEC. 127. IMPROVING EDUCATIONAL INFRASTRUCTURE.

    (a) Purpose.--It is the purpose of this section to assist areas 
impacted by Hurricane Katrina to repair, renovate, alter, or construct 
facilities critical to the educational needs of students, by providing 
Federal funds to assist local educational agencies, early childhood 
education programs, and private or parochial kindergarden through grade 
12 programs, to meet costs associated with repairing, renovating, 
altering, or constructing the facilities of such entities.
    (b) Grants Authorized.--The Secretary of Education shall award a 
grant to the Louisiana Department of Education to enable the Louisiana 
Department of Education to award subgrants to local educational 
agencies, early childhood education programs, and private or parochial 
kindergarden through grade 12 programs that are in an area, that is 
subject to a declaration by the President of a major disaster in 
accordance with section 401 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170) related to Hurricane 
Katrina and in which individual and public assistance is available 
pursuant to this Act, relative to the demonstrated need for the repair, 
renovation, alteration, or construction of the facilities of such 
entities based on the condition of the facilities due to the impact of 
Hurricane Katrina.
    (c) Use of Funds.--Each local educational agency, early childhood 
education program, or private or parochial kindergarden through grade 
12 program receiving subgrant funds under this section shall use such 
funds only to facilitate the education of students through the repair, 
renovation, alteration, or construction of a public elementary school 
or secondary school facility, an early childhood education facility, or 
a private or parochial kindergarden through grade 12 program facility, 
used for academic, vocational, or developmental instruction.
    (d) Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $2,000,000,000 for fiscal year 2006, of 
        which not more than .05 percent may be used for administration 
        expenses.
            (2) Availability.--Funds appropriated under subsection (a) 
        shall remain available until expended.

SEC. 128. POSTSECONDARY EDUCATION STABILIZATION BOARD.

    (a) Appropriations.--
            (1) In general.--Out of any money in the Treasury not 
        otherwise appropriated, there are appropriated for the fiscal 
        year ending September 30, 2005, $5,000,000,000 to remain 
        available until expended to the Postsecondary Education 
        Stabilization Board, established under this section, to 
        establish an Education Relief Fund for the compensation of 
        postsecondary educational institutions for direct and 
        associated losses due to the impact of Hurricane Katrina and 
        for recovery initiatives.
            (2) Emergency designation.--The amount appropriated under 
        paragraph (1) is designated as an emergency requirement 
        pursuant to section 402 of H. Con. Res. 95 (109th Congress).
    (b) Postsecondary Educational Institution.--In this section, the 
term ``postsecondary educational institution'' means--
            (1) a public postsecondary institution located in 
        Louisiana;
            (2) a private nonprofit postsecondary institution, which is 
        a member of the Louisiana Association of Independent Colleges 
        and Universities, located in Louisiana; or
            (3) a private for profit postsecondary institution located 
        in Louisiana determined by the Postsecondary Education 
        Stabilization Board to be eligible for assistance under this 
        section.
    (c) Postsecondary Education Stabilization Board.--
            (1) Establishment.--There is established a Postsecondary 
        Education Stabilization Board composed of the Secretary of 
        Education (or a designee of the Secretary of Education), and 
        the Secretary of the Treasury (or a designee of the Secretary 
        of the Treasury).
            (2) Duties.--The Postsecondary Education Stabilization 
        Board shall--
                    (A) establish an Education Relief Fund that 
                includes funds appropriated under this section; and
                    (B) from such Education Relief Fund provide funds 
                to postsecondary educational institutions for direct or 
                indirect losses incurred on or after August 28, 2005, 
                resulting from the impact of Hurricane Katrina, and 
                recovery initiatives of such institutions.
    (d) Use of Assistance.--Assistance received by a postsecondary 
educational institution pursuant to this section may be used for--
            (1) direct and indirect construction costs and clean-up 
        costs resulting from Hurricane Katrina;
            (2) faculty salaries and incentives for retaining faculty;
            (3) educational programs relevant to the recovery effort;
            (4) institutional initiatives designed for economic and 
        community revitalization and recovery;
            (5) faculty recruitment costs;
            (6) costs of lost tuition, revenue, and enrollment; and
            (7) debt relief.
    (e) Requirements for Assistance Due to Losses.--A postsecondary 
educational institution that desires to receive assistance under this 
section shall--
            (1) submit a sworn financial statement and other 
        appropriate data, documentation, or other evidence requested by 
        the Postsecondary Education Stabilization Board, to the 
        Postsecondary Education Stabilization Board that indicates that 
        the institution incurred losses resulting from the impact of 
        Hurricane Katrina and the monetary amount of such losses; and
            (2) demonstrate that the institution attempted to minimize 
        the costs of any losses by pursuing collateral source 
        compensation from the Federal Emergency Management Agency, the 
        Small Business Administration, and insurance prior to seeking 
        assistance under this section.
    (f) Audit.--The Secretary of Education and the Comptroller General 
of the United States may audit a statement submitted under subsection 
(e) and may request any information that the Secretary of Education and 
Comptroller General determine necessary to conduct such an audit.
    (g) Reduction in Assistance.--In calculating assistance to a 
postsecondary educational institution under this section, the 
Postsecondary Education Stabilization Board shall calculate a figure 
that reduces from the monetary amount of losses incurred by such 
institution, only the amount of collateral source compensation the 
institution has received from insurance, the Federal Emergency 
Management Agency, and the Small Business Administration.
    (h) Regulations.--Not later than 14 days after the date of 
enactment of this section, the Office of Management and Budget, in 
consultation with the Postsecondary Education Stabilization Board, 
shall issue regulations setting forth procedures for an application for 
assistance under this section and minimum requirements for receiving 
assistance under this section, including the following:
            (1) Online forms to be used in submitting requests for 
        assistance
            (2) Information to be included in forms.
            (3) Procedures to assist in filing and pursuing assistance.
    (i) Tax Consequences.--
            (1) Not income.--Any assistance received by a postsecondary 
        educational institution under this section shall not be treated 
        as income for the purposes of the Internal Revenue Code of 
        1986.
            (2) Tax exempt.--Any Government bond issued to finance the 
        construction of a public or private postsecondary educational 
        institution shall be considered an exempt facility bond for 
        purposes of the Internal Revenue Code of 1986 and shall not be 
        subject to section 146 of such Code.
    (j) Waivers.--The Secretary of Education may waive any requirements 
under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
seq.) that are rendered infeasible or unreasonable due to the impact of 
Hurricane Katrina, including due diligence requirements and reporting 
deadlines, for an institution of higher education, eligible lender, or 
other entity participating in a student assistance program under such 
title that is located in, or whose operations are directly affected by, 
an area in which the President has declared that a major disaster 
exists in accordance with section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related 
to Hurricane Katrina.

                        Subtitle K--Coast Guard

    For an amount for the United States Coast Guard, $10,000,000, to be 
used to contract with commercial fishing vessel operators to remove 
debris from the marine environment caused by Hurricane Katrina: 
Provided, That the Commandant of the Coast Guard is authorized to use 
the emergency and simplified acquisition procedures established under 
the Homeland Security Act of 2002 to award such contracts on an 
expedited basis: Provided further, That not later than 6 months after 
the date of enactment of this Act, the Commandant shall submit to 
Congress a report on the debris removal efforts, including the type and 
amount of debris removed, the number of commercial fishing vessels 
employed, the funds disbursed to carry out this subtitle, and a 
comprehensive plan for further removal of any remaining marine debris.

                 Subtitle L--Department of the Interior

                       department of the interior

    For an additional amount for necessary expenses to carry out the 
projects and activities described in subtitle E of title IX--
            (1) $8,000,000 shall be available to provide a direct, 
        lump-sum payment to the Louisiana Department of Wildlife and 
        Fisheries by not later than 30 days after the date of enactment 
        of this Act for direct financial assistance to alligator 
        farmers affected by Hurricane Katrina or a related condition;
            (2) $27,000,000 shall be available to provide a direct, 
        lump-sum payment to the Louisiana Forestry Association by not 
        later than 30 days after the date of enactment of this Act for 
        lost timber sales revenues from the Pearl River Wildlife 
        Management Area resulting from Hurricane Katrina in Louisiana 
        or a related condition;
            (3) $12,000,000 shall be available for a direct, lump-sum 
        payment to the Louisiana Department of Wildlife and Fisheries 
        by not later than 30 days after the date of enactment of this 
        Act for the restoration of wildlife management areas and other 
        assessments, research, management, and restoration activities 
        relating to wildlife and habitat management; and
            (4) such sums as are necessary shall be available by not 
        later than 30 days after the date of enactment of this Act for 
        assessment, research, and mitigation activities of the 
        Louisiana Department of Wildlife and Fisheries.
    The amounts provided under this heading are designated as an 
emergency requirement pursuant to section 402 of the conference report 
to accompany H. Con. Res. 95 (109th Congress).

                 Subtitle M--Department of Agriculture

                         Rural Housing Service

              rural housing insurance fund program account

    For additional gross obligations for the principal amount of direct 
and guaranteed loans as authorized by title V of the Housing Act of 
1949, to be available from funds in the rural housing insurance fund, 
as follows: $313,000,000 for loans to section 502 borrowers, as 
determined by the Secretary, of which $60,000,000 shall be available 
for direct loans, and of which $210,000,000 shall be available for 
unsubsidized guaranteed loans; $3,000,000 for section 504 housing 
repair loans of which $40,000,000 shall be available for section 515 
rental housing and 100 percent rental assistance.
    For the additional cost of direct loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: For section 502 loans, $313,000,000, of which 
$60,000,000, to remain available until expended, shall be for direct 
loans, and of which $210,000,000, to remain available until expended, 
shall be for unsubsidized guaranteed loans of which $3,000,000 shall be 
available for section 504 housing repair loans, to remain available 
until expended of which $40,000,000 shall be available for section 515 
loans and 100 percent rental assistance, $40,000,000, to remain 
available until expended.
    Provided, That such loans shall only be available for projects in 
communities in the State of Louisiana designated by the President as a 
major disaster area pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act in connection with Hurricane Katrina: 
Provided further, That for the requirements of clause (3) of section 
501(c) of the Housing Act of 1949 (relating to inability to secure 
credit from other sources) shall not apply to any direct loan under 
section 502 of such Act: Provided further, That any limitations under 
title V of the Housing Act of 1949 that are based on the income of 
families shall not apply during fiscal years 2006 through 2008 for 
purposes of any guaranteed loan under section 502 of such Act that 
refinances any existing direct or guaranteed loan under such section 
and includes amounts for repairs with respect to any community in the 
State of Louisiana designated by the President as a major disaster area 
pursuant to the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act or to families residing in such communities: Provided 
further, That under the guaranteed loan program under section 502 of 
the Housing Act of 1949, the Secretary shall have authority to 
refinance a loan previously financed or mortgaged, but not already 
guaranteed by the Rural Housing Service, on a home with repairs within 
income limit restrictions established by each individual parish within 
the State of Louisiana: Provided further, That notwithstanding any 
provision of section 504 of the Housing Act of 1949, the Secretary may 
make loans from amounts made available under this heading for housing 
in communities in the State of Louisiana designated by the President as 
a major disaster area pursuant to the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act in connection with Hurricane 
Katrina to eligible low-income applicants, the maximum amount of such a 
loan shall be $35,000, the maximum amount of a loan evidenced by a 
promissory note shall be $15,000, and such loans may be made without 
obtaining an appraisal in advance and shall be repayable within 30 
years: Provided further, That the amounts provided under this heading 
are designated as an emergency requirement pursuant to section 402 of 
H. Con. Res. 95 (109th Congress).

                    rural housing assistance grants

    For an additional amount for Rural Housing Assistance Grants, 
$4,000,000, to remain available until expended, to be used for grants 
and contracts for housing repair under section 504 of the Housing Act 
of 1949 (42 U.S.C. 1474): Provided, That such grants and contracts 
under this heading shall only be available for projects in communities 
in the State of Louisiana designated by the President as a major 
disaster area pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act in connection with Hurricane Katrina: Provided 
further, That notwithstanding any provision of such section 504, the 
Secretary may make grants and contracts from amounts made available 
under this heading for housing in communities in the State of Louisiana 
designated by the President as a major disaster area pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act in 
connection with Hurricane Katrina to eligible low-income applicants and 
the maximum amount of such a grant shall be $15,000: Provided further, 
That the amounts provided under this heading are designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).

                   Subtitle N--Department of Justice

                         GENERAL ADMINISTRATION

                         Salaries and Expenses

SEC. 131. DEFINITION.

    For the purpose of this subtitle, the term ``unit of local 
government'' means--
            (1) a county, township, city, or political subdivision of a 
        county, township, or city that is a unit of local government as 
        determined by the Secretary of Commerce for general statistical 
        purposes; or
            (2) a district attorney or a parish sheriff in the State of 
        Louisiana.

SEC. 132. FUNDING.

    In addition to amounts otherwise provided for in this Act, the 
following amounts are appropriated for fiscal year 2006 and designated 
as an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress):
            (1) Emergency law enforcement assistance.--
                    (A) Funding.--For an additional amount for 
                hurricane-related expenses, $650,000,000 to remain 
                available until expended: Provided, That such sums as 
                are necessary shall be derived from programs in the 
                Office of Justice Programs, Bureau of Justice 
                Assistance authorized by the Justice Assistance Act of 
                1984, title II, chapter VI (Public Law 98-473; Stat. 
                1837, sec. 609): Provided further, That of the amounts 
                made available under this heading, $650,000,000 shall 
                be available only for the Louisiana Commission on Law 
                Enforcement.
            (B) Waiver.--Notwithstanding any limitations on the amount 
        of funds that may be distributed from this program under 
        section 609Y of the Justice Assistance Act of 1984 (42 U.S.C. 
        10513(a)) such limitations are waived for purposes of the 
        funding made available under this paragraph.
            (2) Enhancing law enforcement.--For an additional amount 
        for ``Enhancing State and Local Law Enforcement'' for expenses 
        related to responding to Hurricane Katrina, $200,000,000 to the 
        Community Oriented Policing Services program to remain 
        available until expended: Provided, That of the amounts made 
        available under this heading, $200,000,000 shall be available 
        only to the hiring section.
            (3) Assisting children impacted by hurricane katrina.--For 
        an additional amount of $10,000,000 to remain available until 
        expended for the Missing Children Program at the National 
        Center for Missing and Exploited Children to find, unite, and 
        transport children impacted by Hurricane Katrina to their 
        parents, legal guardian, or next of kin.

SEC. 133. ASSISTANCE TO COURTS.

    Section 462(f) title 28, United States Code, is amended by adding 
at the end the following:
    ``(g) The Chief Judge of each United States District Court is 
encouraged to cooperate with requests from State and local authorities 
whose operations have been significantly disrupted as a result of 
Hurricane Katrina to provide accommodations in Federal facilities for 
State and local courts to conduct proceedings. The Administrator of 
General Services is authorized and directed to provide the 
accommodations requested by the Chief Judge.''.

             TITLE II--IMPROVEMENTS TO DISASTER ASSISTANCE

SEC. 200. SENSE OF THE SENATE REGARDING THE APPOINTMENT OF FEDERAL 
              CENTRAL COORDINATING AGENT.

    It is the Sense of the Senate that--
            (1) the President, in order to efficiently coordinate and 
        monitor the Federal relief and reconstruction efforts for the 
        State of Louisiana, should appoint an individual to coordinate 
        Federal efforts to work with the State of Louisiana and local 
        governments directly impacted by the Hurricane Katrina as those 
        respective entities plan for their rehabilitation and 
        reconstruction, oversee all Federal work relating to such 
        rehabilitation and reconstruction, and oversee the obligation 
        of all federally appropriated funds for the purpose of 
        Hurricane Katrina recovery, rehabilitation and reconstruction; 
        and
            (2) the appointed individual should be invested with 
        authority to waive Federal regulatory processes and legislative 
        impediments to the reconstruction efforts, and further, that 
        the individual be the central coordinating agent for the 
        Federal actions pursuant to Katrina recovery, rehabilitation, 
        and reconstruction.

                 Subtitle A--Immediate Disaster Relief

SEC. 201. WAIVER OF COST-SHARING AND MAXIMUM ASSISTANCE REQUIREMENTS.

    With respect to the provision of assistance to individuals, 
households, State and local public entities, and nonprofit entities in 
response to a major disaster relating to Hurricane Katrina declared by 
the President on August 29, 2005, in accordance with section 401 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170), for the 2-year period beginning on the date of enactment 
of this Act--
            (1) the Federal share under subsection (g)(2)(A) of that 
        section shall be 100 percent;
            (2) the maximum limitations on assistance under paragraphs 
        (2) and (3) of subsection (c), and subsection (h), of that 
        section shall not apply;
            (3) the Federal shares required under paragraphs (1)(A) and 
        (2)(A) of section 406(c) of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) shall 
        be 100 percent; and
            (4) subsections (b)(1) and (b)(2) of section 406 of that 
        Act (42 U.S.C. 5172) shall not apply.

SEC. 202. HAZARD MITIGATION GRANT PROGRAM.

    Section 404(a) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended in the third 
sentence by striking ``7.5'' and inserting ``15''.

SEC. 203. STATE MANAGEMENT COSTS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall--
            (1) develop and implement a process for the approval of 
        requests for State management cost funding to ensure, to the 
        maximum extent practicable, that each such request is approved 
        or disapproved within the 30-day period after the date of 
        receipt by the Secretary of the request; and
            (2) acting through the Director of the Federal Emergency 
        Management Agency, develop and provide to States clear and 
        concise guidance to ensure, to the maximum extent practicable, 
        that the submission content and evaluation of those requests is 
        consistent.

SEC. 204. DISASTER RELIEF EQUITY.

    Notwithstanding any other provision of law, the religious status of 
a private nonprofit facility located in an area in which a major 
disaster relating to Hurricane Katrina was declared by the President 
under section 401 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170), or of the owner or operator 
of such a facility, shall not preclude the facility from being eligible 
to receive Federal assistance for use in repairing, restoring, 
reconstructing, or replacing the facility following damage or 
destruction of the facility as a result of Hurricane Katrina.

SEC. 205. PRESIDENTIALLY DECLARED DISASTER AREA MAY INCLUDE THE OUTER 
              CONTINENTAL SHELF.

    (a) In General.--Section 102(3) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122(3)) is amended by 
inserting ``, and includes the outer Continental Shelf (as defined in 
section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1331(a))'' after ``Islands''.
    (b) Effective Date.--The amendment made by this section shall apply 
to--
            (1) declarations made after August 28, 2005, or
            (2) modifications made after such date with respect to 
        declarations made after December 31, 2003.

SEC. 206. EXPEDITED PAYMENTS OF FEDERAL ASSISTANCE FOR DEBRIS REMOVAL 
              AND EMERGENCY PROTECTIVE MEASURES.

    (a) Definitions.--In this section:
            (1) Eligible applicant.--The term ``eligible applicant'' 
        means--
                    (A) a State government;
                    (B) a local government;.
                    (C) a private nonprofit organization or institution 
                that owns or operates any private nonprofit 
                educational, utility, emergency, medical, or custodial 
                care facility, including a facility for the aged or 
                disabled, or any other facility providing essential 
                governmental services to the general public, and such 
                facilities on Indian reservations; and
                    (D) an Indian tribe or authorized tribal 
                organization, or an Alaska Native village or 
                organization (other than an Alaska Native Corporation), 
                the ownership of which is vested in a private 
                individual.
            (2) Eligible claim for assistance.--The term ``eligible 
        claim for assistance'' means--
                    (A) a claim for the clearance, removal, or disposal 
                of debris (such as trees, sand, gravel, building 
                components, wreckage, vehicles, and personal property), 
                if the debris is the result of an emergency or major 
                disaster and the clearance, removal, or disposal is 
                necessary--
                            (i) to eliminate an immediate threat, as 
                        determined by the Secretary of Homeland 
                        Security, to human life, public health, or 
                        safety;
                            (ii) to eliminate an immediate threat, as 
                        determined by the Secretary, of significant 
                        damage to public or private property;
                            (iii) to ensure the economic recovery of 
                        the community affected by the emergency or 
                        major disaster to the benefit of the community 
                        and any other community, as determined by the 
                        Secretary; or
                            (iv) to ensure the provision of temporary 
                        public transportation service in the community 
                        affected by the emergency or major disaster 
                        pursuant to section 419 of the Robert T. 
                        Stafford Disaster and Emergency Assistance Act 
                        (42 U.S.C. 5186);
                    (B) an action taken by an applicant before, during, 
                or after an emergency or major disaster that is 
                necessary--
                            (i) to eliminate or reduce an immediate 
                        threat, as determined by the Secretary of 
                        Homeland Security, to human life, public 
                        health, or safety; or
                            (ii) to eliminate or reduce an immediate 
                        hazard, as determined by the Secretary, that 
                        threatens significant damage to public or 
                        private property; or
                    (C) any other claim that the Secretary of Homeland 
                Security determines to be appropriate.
            (3) Emergency.--The term ``emergency'' has the meaning 
        given the term in section 102 of the Robert T. Stafford 
        Disaster and Emergency Assistance Act (42 U.S.C. 5122).
            (4) Major disaster.--The term ``major disaster'' has the 
        meaning given the term in section 102 of the Robert T. Stafford 
        Disaster and Emergency Assistance Act (42 U.S.C. 5122).
    (b) Expedited Payments Authorized.--Notwithstanding the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) (including any regulation promulgated pursuant to that Act), 
the Secretary of Homeland Security, acting through the Director of the 
Federal Emergency Management Agency, shall pay to an eligible 
applicant, in accordance with subsection (c), 50 percent of the Federal 
share of assistance that the applicant is eligible to receive under 
section 403(b), 407(d), or 503 of that Act (42 U.S.C. 5170b(b), 
5173(d), 5193).
    (c) Date of Payment.--A claim described in subsection (b) shall be 
paid not later than 60 days after the date on which the applicant files 
an eligible claim for assistance.

SEC. 207. REQUIREMENT TO ENSURE DEBRIS CLEARANCE, REMOVAL, AND DISPOSAL 
              FROM EMERGENCY ACCESS ROADS.

    (a) Definition of Emergency Access Road.--In this section, the term 
``emergency access road'' means a road that requires access by 
emergency personnel, including firefighters, police, emergency medical 
personnel, or any other entity identified by the Secretary of Homeland 
Security that provides an emergency service after a declaration of an 
emergency or major disaster (as defined in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122)).
    (b) Requirement.--Any reimbursement authorized under section 407 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5173) for clearing and removing debris shall include 
reimbursement for clearing, removing, and disposing of debris from any 
emergency access road.

SEC. 208. INCLUSION OF DEBRIS REMOVAL FROM PRIVATE LAND AS ELIGIBLE 
              CLAIM FOR FEDERAL ASSISTANCE.

    Section 408(c)(2)(A) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)(2)(A)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after clause (ii) the following:
                            ``(iii) the removal, clearance, and 
                        disposal of debris from private property that 
                        is the result of an emergency or major 
                        disaster.''.

SEC. 209. STAFFORD ACT WAIVER.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of Homeland Security, acting through the Director of the 
Federal Emergency Management Agency (referred to in this section as the 
``Secretary''), shall directly reimburse, on an ongoing basis, all 
costs associated with the restoration, reconstruction, rehabilitation, 
or installation of privately-owned utility infrastructure damaged or 
destroyed by Hurricane Katrina, including--
            (1) electric transmission, distribution, generation, and 
        related electric infrastructure facilities in the State of 
        Louisiana (including the city of New Orleans); and
            (2) natural gas distribution facilities in Louisiana.
    (b) Distribution of funds.--
            (1) Documentation.--The Secretary shall provide 
        reimbursement under this section directly to the affected, 
        privately-owned utilities upon receipt of reasonable 
        documentation of costs and expenses incurred by the utilities.
            (2) Presumption and distribution.--In the absence of a 
        finding of good cause, the Secretary shall--
                    (A) presume documentation received under paragraph 
                (1) not later than December 1, 2005, to be valid; and
                    (B) distribute funds in accordance with this 
                section not later than December 31, 2005.
            (3) Late receipt of documentation.--To the extent that 
        documentation is received by the Secretary under paragraph (1) 
        after December 1, 2005, in the absence of a finding of good 
        cause, the Secretary shall--
                    (A) presume the documentation to be valid; and
                    (B) distribute funds in accordance with this 
                section not later than 60 days after the date of 
                receipt of the documentation.
            (4) Finding of good cause.--
                    (A) In general.--In carrying out this subsection, 
                the Secretary shall--
                            (i) have a 5-day period, beginning on the 
                        date of receipt of documentation under 
                        paragraph (2) or (3), to make a finding of good 
                        cause to withhold funds under this section with 
                        respect to the whole or partial adequacy of the 
                        documentation; and
                            (ii) immediately provide notice of such a 
                        finding to the privately-owned utility that 
                        submitted the documentation.
                    (B) Contents of notice; withholding of funds.--The 
                Secretary--
                            (i) shall include in a notice provided 
                        under subparagraph (A)(ii) a specific 
                        description of the supplemental documentation 
                        required to address the finding of good cause 
                        with respect to the documentation originally 
                        submitted; and
                            (ii) shall not withhold distribution of 
                        funds under this section with respect to any 
                        portion of a submission of documentation under 
                        paragraph (2) or (3) that is not subject to a 
                        finding of good cause by the Secretary.
                    (C) Provision of supplemental documentation.--A 
                privately-owned utility shall have a 5-day period, 
                beginning on the date of receipt of notice of a finding 
                of good cause under subparagraph (A)(ii), to provide 
                supplemental documentation.
                    (D) Distribution after receipt.--The Secretary 
                shall have a 15-day period, beginning on the date of 
                receipt of appropriate supplemental documentation under 
                subparagraph (C), to distribute funds under this 
                section.
    (c) No Effect on Other Assistance.--No distribution of funds under 
this section shall reduce or otherwise affect the amount of any other 
funds or assistance provided to the State of Louisiana (including the 
city of New Orleans) in connection with Hurricane Katrina under any 
other provision of law.

 Subtitle B--Providing Information and Assistance to Hurricane Katrina 
                                Evacuees

SEC. 211. USE OF DISASTER RELIEF AND EMERGENCY ASSISTANCE FUNDS BY 
              INDIVIDUALS AND HOUSEHOLDS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Homeland Security shall establish a 
review system to ensure that Federal assistance to individuals and 
households for disaster relief and emergency assistance under section 
408 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5174) or any other provision of law, is used by 
individuals and households only for purposes authorized by that section 
or provision.
    (b) Sense of the Senate on Prohibition of Use.--It is the sense of 
the Senate that no Federal assistance (including Federal funds) to 
individuals and households for disaster relief and emergency assistance 
under section 408 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174) or any other provision of law 
should be used for gambling purposes in any gambling establishment or 
for purchase of nonessential items, including tobacco products or 
alcoholic beverages.

            Subtitle C--Emergency Preparedness and Response

SEC. 221. CREATION OF REGIONAL AND FIELD OFFICE FACILITIES FOR THE 
              DEPARTMENT OF HOMELAND SECURITY.

    (a) In General.--Not later than 365 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
establish consolidated and co-located regional offices for the 
Department of Homeland Security, in accordance with section 706 of the 
Homeland Security Act of 2002 (6 U.S.C. 346), that will--
            (1) enable a rapid, robust, and coordinated Federal 
        response to threats and incidents;
            (2) enhance all-hazards preparedness across the United 
        States with respect to terrorism, natural disasters, and other 
        emergencies;
            (3) provide integrated capabilities among the Department of 
        Homeland Security, other Federal agencies, and State and local 
        governments;
            (4) maximize cost savings and efficiencies through the 
        establishment of regional offices at current Department of 
        Homeland Security agency regional structures with contiguous 
        multi-State operations; and
            (5) give priority consideration to the New Orleans Federal 
        City for the placement of a regional headquarters.
    (b) Report to Congress.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall submit 
a report to Congress detailing plans, locations, and cost estimates for 
the creation of a nationwide network of regional offices, in accordance 
with this section.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $50,000,000, to remain 
available until expended.

SEC. 222. APPROPRIATION FOR INTEROPERABLE COMMUNICATIONS.

    (a) In General.--For an additional amount for interoperable 
communications, $600,000,000 to remain available until expended, for 
discretionary and formula-based grants for State and local programs 
administered by the State Homeland Security Grant Program in the Office 
of State and Local Government Coordination and Preparedness, for 
technical assistance and guidance to design, install, and operate 
comprehensive and effective interoperable communications systems: 
Provided, That of the sums made available under this heading, 
communications systems: $600,000,000 shall be available only to the 
Louisiana Commission on law Enforcement for implementation of the 
Louisiana Totally Interoperable Environment (LATIE) plan.
    (b) Guidance and Technical Assistance.--The Office for 
Interoperability and Compatibility of the Department of Homeland 
Security shall provide guidance and technical assistance to grant 
recipients to best utilize grant funds under this section.

SEC. 223. RESPONSIBILITIES OF THE UNDER SECRETARY FOR EMERGENCY 
              PREPAREDNESS AND RESPONSE.

    Section 502 of the Homeland Security Act of 2002 (6 U.S.C. 312) is 
amended--
            (1) in paragraph (6), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (7), by striking the period and inserting 
        a colon; and
            (3) by adding at the end the following:
            ``(8) designing, developing, performing, and evaluating 
        disaster preparedness exercises at the National, State, 
        territorial, regional, local, and tribal levels of government; 
        and
            ``(9) ensuring that such exercises test the capability of 
        the Nation to prevent, prepare for, respond to, and recover 
        from natural disasters.''.

SEC. 224. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON FEDERAL FUNDS FOR 
              HURRICANE KATRINA RECOVERY.

    (a) In General.--Every calendar quarter, the Government 
Accountability Office shall submit a report to Congress on the 
expenditure and obligation of funds made from appropriations Acts for 
Hurricane Katrina recovery activities. Each report shall include any 
fraud, abuse, waste, or mismanagement of such funds.
    (b) First Report.--The first report under this section shall be 
submitted for the first complete calendar quarter occurring after the 
date of enactment of this Act.

           TITLE III--INDIVIDUAL CITIZENS RELIEF AND RECOVERY

                       Subtitle A--Housing Relief

SEC. 301. HOUSING VOUCHERS.

    (a) Short Title.--This section may be cited as the ``Helping to 
House the Victims of Hurricane Katrina Act of 2005''.
    (b) Hurricane Katrina Emergency Assistance Vouchers.--Section 8(o) 
of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is 
amended by adding at the end the following:
            ``(20) Hurricane Katrina emergency assistance vouchers.--
                    ``(A) In general.--During the 6-month period 
                beginning on the date of enactment of the Helping to 
                House the Victims of Hurricane Katrina Act of 2005, the 
                Secretary shall provide temporary rental assistance to 
                any individual or family, if--
                            ``(i) the individual or family resides, or 
                        resided on August 29, 2005, in any area that is 
                        subject to a declaration by the President of a 
                        major disaster or emergency under the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.) in 
                        connection with Hurricane Katrina; and
                            ``(ii) the residence of the individual or 
                        family became uninhabitable or inaccessible as 
                        result of that major disaster or emergency.
                    ``(B) Regulations.--Not later than 30 days after 
                the date of enactment of the Helping to House the 
                Victims of Hurricane Katrina Act of 2005, the Secretary 
                shall issue final rules to establish the procedures 
                applicable to the issuance of assistance under 
                subparagraph (A).
                    ``(C) Notice.--The Secretary, in consultation with 
                the Director of the Federal Emergency Management Agency 
                and such other agencies as the Secretary determines 
                appropriate, shall establish procedures for providing 
                notice of the availability of assistance under this 
                paragraph to individuals or families that may be 
                eligible for such assistance.
                    ``(D) Authority to contract with pha's and 
                others.--The Secretary may contract with any State or 
                local government agency or public housing agency, or in 
                consultation with any State or local government agency, 
                with any other entity, to ensure that assistance 
                payments under this paragraph are provided in an 
                efficient and expeditious manner.
                    ``(E) Waiver of eligibility requirements.--In 
                providing assistance under this paragraph, the 
                Secretary shall waive the requirements under--
                            ``(i) paragraph (2), relating to tenant 
                        contributions towards rent, except that any 
                        such waiver shall expire on an individual's 
                        return to work;
                            ``(ii) paragraph (4), relating to the 
                        eligibility of individuals to receive 
                        assistance;
                            ``(iii) subsection (k) and paragraph (5) of 
                        this subsection, relating to verification of 
                        income;
                            ``(iv) paragraph (7)(A), relating to the 
                        requirement that leases shall be for a term of 
                        1 year;
                            ``(v) paragraph (8), relating to initial 
                        inspection of housing units by a public housing 
                        agency; and
                            ``(vi) subsection (r)(1)(B), relating to 
                        restrictions on portability.
                    ``(F) Use of funds.--Notwithstanding any other 
                provision of law, funds available for assistance under 
                this paragraph--
                            ``(i) shall be made available by the 
                        Secretary to individuals to cover the cost of--
                                    ``(I) rent;
                                    ``(II) security and utility 
                                deposits;
                                    ``(III) relocation expenses, 
                                including expenses incurred in 
                                relocating back to the major disaster 
                                area when such relocation is permitted; 
                                and
                                    ``(IV) such additional expenses as 
                                the Secretary determines necessary; and
                            ``(ii) shall be used by the Secretary--
                                    ``(I) for payments to public 
                                housing agencies, State or local 
                                government agencies, or other voucher 
                                administrators for vouchers used to 
                                assist individuals or families affected 
                                by the major disaster or emergency 
                                described in this paragraph up to their 
                                authorized level of vouchers, if any 
                                such vouchers are not otherwise funded; 
                                and
                                    ``(II) to provide operating 
                                subsidies to public housing agencies 
                                for public housing units provided to 
                                individuals or families affected by the 
                                major disaster or emergency described 
                                in this paragraph, if such a subsidy 
                                was not previously provided for those 
                                units.
                    ``(G) Payment standard.--For purposes of this 
                paragraph, the payment standard for each size of 
                dwelling unit in a market area may not exceed 150 
                percent, or higher if the Secretary approves of such 
                increase, of the fair market rental established under 
                subsection (c) for the same size dwelling unit in the 
                same market area, and shall be not less than 90 percent 
                of that fair market rental.
                    ``(H) Nondiscrimination.--In selecting individuals 
                or families for tenancy, a landlord or owner may not 
                exclude or penalize an individual or family solely 
                because any portion of the rental payment of that 
                individual or family is provided under this paragraph.
                    ``(I) Termination of assistance.--Assistance 
                provided under this paragraph shall terminate 6 months 
                after the date on which such assistance was received.
            ``(21) Assistance for current voucher recipients affected 
        by hurricane Katrina.--
                    ``(A) In general.--The Secretary shall waive any of 
                the requirements described in clauses (i) through (vi) 
                of paragraph (20)(E) for any individual or family 
                receiving assistance under this section on August 29, 
                2005, if--
                            ``(i) the individual or family resides, or 
                        resided on August 29, 2005, in any area that is 
                        subject to a declaration by the President of a 
                        major disaster or emergency under the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.) in 
                        connection with Hurricane Katrina; and
                            ``(ii) the residence of the individual or 
                        family became uninhabitable or inaccessible as 
                        result of that major disaster or emergency.
                    ``(B) Additional uses of funds.--Notwithstanding 
                any other provision of law, the Secretary shall 
                provide, as the Secretary determines appropriate, 
                supplemental assistance to an individual or family 
                receiving assistance under this section on August 29, 
                2005, and meeting the requirements described in 
                subparagraph (A), to assist the individual or family 
                with the additional costs of relocating to new housing, 
                including to cover--
                            ``(i) the additional cost of rent and 
                        utilities;
                            ``(ii) security and utility deposits;
                            ``(iii) relocation expenses, including 
                        expenses incurred in relocating back to the 
                        major disaster area when such relocation is 
                        permitted; and
                            ``(iv) such additional expenses as the 
                        Secretary determines necessary.
                    ``(C) Payment standard.--For purposes of this 
                paragraph, the payment standard for each size of 
                dwelling unit in a market area may not exceed 150 
                percent, or higher if the Secretary approves of such 
                increase, of the fair market rental established under 
                subsection (c) for the same size dwelling unit in the 
                same market area, and shall be not less than 90 percent 
                of that fair market rental.
                    ``(D) Nondiscrimination.--A landlord or owner may 
                not exclude or penalize an individual or family solely 
                because that individual or family is eligible for any 
                waivers or benefits provided under this paragraph.
                    ``(E) Termination of authority.--The authority of 
                the Secretary to provide assistance under this 
                paragraph shall apply during the 6-month period 
                beginning on the date of enactment of the Helping to 
                House the Victims of Hurricane Katrina Act of 2005.
            ``(22) Authority of the secretary to directly administer 
        vouchers when pha's are unable to do so.--If the Secretary 
        determines that a public housing agency is unable to implement 
        the provisions of this subsection due to the effects of 
        Hurricane Katrina, the Secretary may--
                    ``(A) directly administer any voucher program 
                described in paragraphs (1) through (20); and
                    ``(B) perform the functions assigned to a public 
                housing agency by this subsection.''.
    (c) Report on Inventory of Availability of Temporary Housing.--Not 
later than 10 days after the date of enactment of this Act, the 
Secretary of Defense, the Administrator of the General Services 
Administration, the Secretary of Agriculture, and such other agency 
heads as the Secretary of Housing and Urban Development determines 
appropriate, shall compile and report to the Secretary of Housing and 
Urban Development an inventory of Federal civilian and defense 
facilities that can be used--
            (1) to provide emergency housing; or
            (2) as locations for the construction or deployment of 
        temporary housing units.
    (d) Appropriation of Funding.--
            (1) In general.--There are authorized to be appropriated 
        and are appropriated $3,500,000,000 to provide assistance under 
        this section.
            (2) Emergency designation.--The amount appropriated under 
        paragraph (1) is designated as an emergency requirement 
        pursuant to section 402 of H. Con. Res. 95 (109th Congress).

SEC. 302. HOME PROGRAM.

    (a) Waiver of Income and Rent Requirements Under HOME Program.--For 
purposes of eligibility for occupancy, and the amount of rent paid for 
such occupancy, in housing assisted under subtitles A through D of 
title II of the Cranston-Gonzalez National Affordable Housing Act (42 
U.S.C. 12721 et seq.), in the case of any family displaced as a result 
of Hurricane Katrina, for the 6-month period that begins upon the 
initial occupancy of such family in such housing--
            (1) no provision of such title establishing a limitation on 
        the income of an eligible family shall apply; and
            (2) no provision of such title establishing or requiring a 
        rental payment by an eligible family residing in housing 
        assisted under such subtitle shall apply.
    (b) Suspension of Matching Contribution Requirement Under HOME 
Program.--Notwithstanding any provision of section 220 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12750), the 
requirement under subsection (a) of such section to make contributions 
shall not apply with respect to the State of Louisiana or any 
communities in such State impacted by Hurricane Katrina for funds 
allocated in fiscal years 2005 and 2006.

SEC. 303. FIRST TIME HOME BUYER EXPANSION.

    Notwithstanding any other provision of law, for purposes of the 
second sentence of subparagraph (A) of section 203(c)(2) of the 
National Housing Act (12 U.S.C. 1709(c)(2)(A), any family that is 
displaced as a result of Hurricane Katrina shall be considered until 
December 31, 2007, to be a first-time homebuyer who has completed a 
program of counseling with respect to the responsibilities and 
financial management involved in homeownership that is approved by the 
Secretary of Housing and Urban Development.

SEC. 304. HOME BUSINESS AND MORTGAGE PROTECTION FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States the Home Business and Mortgage Protection Fund (hereafter 
referred to in this section as the ``Fund'').
    (b) Grants authorized.--
            (1) In general.--The Secretary of Housing and Urban 
        Development is authorized to award grants from the Fund only 
        for the purposes described in subsection (d).
            (2) Cap on grants.--For each missed, past due, or late 
        mortgage payment for which an eligible financial institution 
        seeks a grant under this section, the Secretary shall not award 
        amounts out of the Fund to such financial institution for such 
        mortgage payments in cumulative excess of an amount equal to 
        the sum of 6 times the value of such mortgage payment.
            (3) Availability of grants.--The authority of the Secretary 
        to make grants under this section shall terminate on the date 
        that is 1 year after the date of enactment of this Act.
    (c) Application.--
            (1) In general.--An eligible financial institution seeking 
        a grant under this section shall submit an application to the 
        Secretary of Housing and Urban Development at such time, in 
        such manner, and containing such information as the Secretary 
        may require, including providing proper documentation to the 
        Secretary that--
                    (A) such financial institution is the holder of a 
                mortgage;
                    (B) mortgage payments have not been received by 
                such financial institution from a mortgagee;
                    (C) a mortgagee was unable to pay such mortgage 
                payments due to financial hardship;
                    (D) the property on which the mortgage is held is 
                located in an affected area;
                    (E) after August 26, 2005, the mortgagee missed at 
                least 2 consecutive mortgage payments, inclusive of all 
                applicable grace periods; and
                    (F) such financial institution has not initiated 
                any foreclosure proceeding against any property held by 
                a mortgagee for which the financial institution is 
                seeking a grant.
            (2) Financial hardship defined.--
                    (A) In general.--Not later than 30 days after the 
                date of enactment of this Act, the Secretary shall 
                issue regulations setting forth the definition of 
                financial hardship under paragraph (1)(C).
                    (B) Required content.--The definition required 
                under subparagraph (A) shall include--
                            (i) complete destruction of a mortgagee's--
                                    (I) home;
                                    (II) business; or
                                    (III) place of business or 
                                employment site; and
                            (ii) the fact that such mortgagee is now 
                        unemployed due to Hurricane Katrina.
    (d) Use of funds.--Amounts in the Fund may only be used to provide 
grants to eligible financial institutions to reimburse such financial 
institutions for missed, past due, or late mortgage payments owed to 
such financial institutions on properties located in an affected area.
    (e) Foreclosure.--
            (1) In general.--An eligible financial institution that 
        does not seek a grant under this section, and initiates a 
        foreclosure proceeding against any property held by a mortgagee 
        in an affected area may not foreclose on such property, if the 
        mortgagee can provide evidence of financial hardship as defined 
        under subsection (c)(2).
            (2) Reimbursement from Fund.--If an eligible financial 
        institution is unable to foreclose under paragraph (1), such 
        financial institution may seek a grant under this section for 
        reimbursement of the missed, past due, or late mortgage 
        payments leading to foreclosure notwithstanding the requirement 
        under subsection (c)(1)(F).
            (3) Limitation.--An eligible financial institution shall 
        not be allowed to seek a grant for missed, past due, or late 
        mortgage payments under this section for any foreclosure 
        proceeding initiated prior to August 26, 2005.
    (f) Credit protection.--Any failure by a mortgagee to make a 
mortgage payment on any property located in an affected area shall not 
be reported to any consumer reporting agency, as such term is defined 
under section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a).
    (g) Deposits.--
            (1) In general.--The Secretary of the Treasury shall 
        transfer up to $5,000,000,000 from the general fund of the 
        Treasury to the Fund to permit the implementation of this 
        section.
            (2) Investment.--To the extent that amounts in the Fund at 
        any time exceed the immediate needs of the Fund, the excess 
        shall be invested in short term obligations of the United 
        States.
            (3) Interest.--To the extent that interest accrues on any 
        funds invested under paragraph (2), that interest shall be made 
        available for the purposes of this section.
    (h) Reversion of funds to the treasury.--Any amounts in the Fund 
that are unexpended and unobligated after March 30, 2007, shall be 
covered into the general fund of the Treasury as miscellaneous receipts 
and the Fund shall be terminated.
    (i) Regulations.--Not later than 30 days after the date of 
enactment of this Act, the Secretary of Housing and Urban Development 
shall issue regulations necessary to carry out the administration of 
this section and to ensure that the purposes of this section are 
accomplished.
    (j) Eligible financial institution.--The term ``eligible financial 
institution'' means any commercial bank, community bank, mortgage bank, 
credit union, or any other lender approved by the Secretary of Housing 
and Urban Development as eligible for insurance under section 2 of the 
National Housing Act (12 U.S.C. 1703).

SEC. 305. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

    (a) Increase of Maximum Project Assistance Amount Under CDBG 
Program.--Notwithstanding any other provision of law, $10,000,000 shall 
be available for any project assisted or to be assisted with amounts 
made available in fiscal year 2005, 2006, or 2007 under the community 
development block grant program under title I of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and where 
such project is carried out within an affected area.
    (b) Regulatory Flexibility Under CDBG Program.--In administering 
any amounts made available under the community development block grant 
program under title I of the Housing and Community Development Act of 
1974 for fiscal year 2005 or 2006 within declared disaster areas--
            (1) the Secretary may waive any provision of any statute or 
        regulation that the Secretary administers in connection with 
        obligation by the Secretary or any use by any recipient of such 
        amounts; and
            (2) the requirements of such title regarding use of funds 
        made available under such title for activities that benefit 
        persons of low and moderate income shall not apply.

SEC. 306. RURAL HOUSING AND ECONOMIC DEVELOPMENT PROGRAM.

    In carrying out the Rural Housing and Economic Development program 
of the Department of Housing and Urban Development, the Secretary of 
Housing and Urban Development shall waive, with respect to any 
assistance provided during fiscal year 2005 or 2006 under such program 
for any activities carried out within any affected area--
            (1) any limitation on the income of persons assisted under 
        such program; and
            (2) any requirement on the part of a grantee to provide 
        matching amounts or to make contributions to activities 
        assisted with amounts provided under such program.

SEC. 307. DEFINITIONS.

    For purposes of the preceding six sections, the term ``affected 
area'' means any area--
            (1) for which the President has declared a major disaster 
        pursuant to title IV of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act as a result of Hurricane Katrina; 
        or
            (2) that is determined to be eligible for disaster relief 
        under other Federal law by reason of damage related to 
        Hurricane Katrina.

                        Subtitle B--TANF Relief

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

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

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

    ``(a) Eligibility for Payments From the Contingency Fund.--
            ``(1) Period of applicability.--Beginning with August 29, 
        2005, and ending with September 30, 2006, a State described in 
        paragraph (2) or (3) shall be considered a needy State for 
        purposes of section 403(b) of the Social Security Act.
            ``(2) Direct impact state.--A State described in this 
        paragraph is Louisiana.
            ``(3) Other states.--A State is described in this paragraph 
        if the State provides any benefit or service that may be 
        provided under the State program funded under part A of title 
        IV of the Social Security Act to a family which--
                    ``(A) has resided in a direct impact State; and
                    ``(B) has travelled (not necessarily directly) to 
                the State from such direct impact State as a result of 
                the hurricane.
    ``(b) Monthly Payments.--
            ``(1) In general.--Notwithstanding section 403(b)(3)(C)(i) 
        of the Social Security Act, the total amount paid during a 
        month to a State described in--
                    ``(A) subsection (a)(2), shall not exceed \1/4\ of 
                20 percent of the State family assistance grant; and
                    ``(B) subsection (a)(3), shall not exceed the 
                lesser of--
                            ``(i) total amount of benefits or services 
                        provided under the State program funded under 
                        part A of title IV of the Social Security Act 
                        to families described in subsection (a)(3); or
                            ``(ii) \1/4\ of 20 percent of the State 
                        family assistance grant.
    ``(c) No State Match or Maintenance of Effort Required.--Sections 
403(b)(6) and 409(a)(10) of the Social Security Act shall not apply 
with respect to a payment made to a State by reason of this section.
    ``(d) Increase in Funding to the Extent Necessary.--During the 
period described in subsection (a)(1), section 403(b)(2) of the Social 
Security Act (42 U.S.C. 603(b)(2)) shall be applied without regard to 
the limitation on the total amount specified in that section.''.
    (b) Retroactive Effective Date.--The amendment made by subsection 
(a) shall take effect as if included in the enactment of the TANF 
Emergency Response and Recovery Act of 2005.

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

    (a) In General.--Section 4 of the TANF Emergency Response and 
Recovery Act of 2005 is amended--
            (1) in subsection (a)(2), by striking ``20 percent'' and 
        inserting ``40 percent''; and
            (2) in subsection (b), in the matter preceding paragraph 
        (1), by inserting ``(at any time during or after the period 
        described in section 3(a)(1))'' after ``may not be imposed''.
    (b) Retroactive Effective Date.--The amendments made by subsection 
(a) shall take effect as if included in the enactment of the TANF 
Emergency Response and Recovery Act of 2005.

SEC. 313. WORK REQUIREMENTS AND TIME LIMITS UNDER TANF PROGRAM NOT 
              TRIGGERED BY RECEIPT OF TEMPORARY TANF BENEFITS BY 
              FAMILIES AFFECTED BY HURRICANE KATRINA.

    Benefits provided on a short-term, nonrecurring basis under a State 
program funded under part A of title IV of the Social Security Act, 
during the period that begins with the date of the enactment of this 
Act and ends with the end of fiscal year 2006, to meet a subsistence 
need of a family resulting from Hurricane Katrina shall not be 
considered assistance for purposes of sections 407 and 408(a)(7) of the 
Social Security Act.

SEC. 314. EMERGENCY DESIGNATION.

    Each amount provided in this title is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).

    Subtitle C--Medicaid, Medicare, and Other Health Disaster Relief

SEC. 321. DEFINITIONS.

    In this subtitle:
            (1) Direct impact parish.--
                    (A) In general.--The term ``direct impact parish'' 
                means a parish in the State of Louisiana for which a 
                major disaster has been declared in accordance with 
                section 401 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5170) as a 
                result of Hurricane Katrina and which the President has 
                determined, before September 14, 2005, warrants 
                individual and public assistance from the Federal 
                Government under such Act.
                    (B) Exclusion.--Such term does not include a parish 
                in the State of Louisiana which the President has 
                determined warrants only public assistance from the 
                Federal Government under such Act as a result of 
                Hurricane Katrina.
                    (C) Authority to rely on website posted 
                designations.--The Secretary of Health and Human 
                Services shall post on the Internet website for the 
                Centers for Medicare & Medicaid Services a list of 
                parishes and counties identified as direct impact 
                parishes in accordance with this paragraph. Any such 
                parish that is posted on such website as a direct 
                impact parish shall be treated for purposes of 
                subparagraph (A) as described in such subparagraph.
            (2) DRM coverage period.--
                    (A) In general.--The term ``DRM coverage period'' 
                means the period beginning on August 28, 2005, and, 
                subject to subparagraph (B), ending on the date that is 
                5 months after the date of enactment of this Act.
                    (B) Presidential authority To Extend drm coverage 
                period.--
                            (i) In general.--The President may extend 
                        the DRM coverage period for an additional 5 
                        months. Any reference to the term ``DRM 
                        coverage period'' in this title shall include 
                        any extension under this clause.
                            (ii) Notice to congress and states.--The 
                        President shall notify the Majority and 
                        Minority Leaders of the Senate, the Speaker of 
                        the House of Representatives, the Minority 
                        Leader of the House of Representatives, the 
                        Chairs and Ranking Members of the Committee on 
                        Finance of the Senate and the Committees on 
                        Energy and Commerce and Ways and Means of the 
                        House of Representatives, and the States at 
                        least 30 days prior to--
                                    (I) extending the DRM coverage 
                                period; or
                                    (II) if the President determines 
                                not to extend such period, the ending 
                                date described in subparagraph (A).
            (3) Katrina survivor.--
                    (A) In general.--The term ``Katrina Survivor'' 
                means an individual who is described in subparagraph 
                (B) or (C).
                    (B) Residents and evacuees of direct impact 
                parishes.--An individual who, on any day during the 
                week preceding August 28, 2005, had a primary residence 
                in a direct impact parish.
                    (C) Individuals who lost employment.--An individual 
                whose--
                            (i) worksite, on any day during the week 
                        preceding August 28, 2005, was located in a 
                        direct impact parish; and
                            (ii) employment with an employer which 
                        conducted an active trade or business on August 
                        28, 2005, in a direct impact parish and with 
                        respect to whom such trade or business is 
                        inoperable on any day after August 28, 2005, 
                        and before January 1, 2006, as a result of 
                        damage sustained in connection with Hurricane 
                        Katrina, is terminated.
                    (D) Treatment of current medicaid beneficiaries.--
                Nothing in this title shall be construed as preventing 
                an individual who is otherwise entitled to medical 
                assistance under title XIX of the Social Security Act 
                from being treated as a Katrina Survivor under this 
                title.
                    (E) Treatment of homeless persons.--For purposes of 
                this title, in the case of an individual who was 
                homeless on any day during the week described in 
                subparagraph (B), the individual's ``residence'' shall 
                be deemed to be the place of residence as otherwise 
                determined for such an individual under title XIX of 
                the Social Security Act.
            (4) Poverty line.--The term ``poverty line'' has the 
        meaning given that term in section 2110(c)(5) of the Social 
        Security Act (42 U.S.C. 1397jj(c)(5)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (6) State.--The term ``State'' has the meaning given that 
        term for purposes of title XIX of the Social Security Act (42 
        U.S.C 1396 et seq.).

SEC. 322. DISASTER RELIEF MEDICAID.

    (a) Authority To Provide Disaster Relief Medicaid.--Notwithstanding 
any provision of title XIX of the Social Security Act, a State shall, 
as a condition of participation in the Medicaid program established 
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), 
provide medical assistance to DRM-eligible Katrina Survivors (as 
defined in subsection (b)) under a State medicaid plan established 
under such title during the DRM coverage period in accordance with the 
following provisions of this section and without submitting an 
amendment to the State Medicaid plan. Such assistance shall be referred 
to as ``DRM assistance''.
    (b) DRM-Eligible Katrina Survivor Defined.--
            (1) In general.--In this section, the term ``DRM-eligible 
        Katrina Survivor'' means a Katrina Survivor whose family income 
        does not exceed the higher of--
                    (A) 100 percent (200 percent, in the case of such a 
                Survivor who is a pregnant woman, child, or a recipient 
                of disability benefits under section 223 of the Social 
                Security Act) of the poverty line; or
                    (B) the income eligibility standard which would 
                apply to the Survivor under the State Medicaid plan.
            (2) No resources, residency, or categorical eligibility 
        requirements.--Eligibility under paragraph (1) shall be 
        determined without application of any resources test, State 
        residency, or categorical eligibility requirements.
            (3) Income determination.--
                    (A) Least restrictive income methodologies.--The 
                State shall use the least restrictive methodologies 
                applied under the State medicaid plan under section 
                1902(r)(2) of the Social Security Act (42 U.S.C. 
                1396a(r)(2)) in determining income eligibility for 
                Katrina Survivors under paragraph (1).
                    (B) Disregard of ui compensation and disaster 
                relief assistance.--In determining such income 
                eligibility, the State shall disregard--
                            (i) any amount received under a law of the 
                        United States or of a State which is in the 
                        nature of unemployment compensation by a 
                        Katrina Survivor during the DRM coverage 
                        period, including unemployment assistance 
                        provided under section 410 of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5177); and
                            (ii) any assistance provided (in cash or in 
                        kind) to a Katrina Survivor from any public or 
                        private entity as a result of Hurricane 
                        Katrina.
            (4) Definition of child.--For purposes of paragraph (1), a 
        DRM-eligible Katrina Survivor shall be determined to be a 
        ``child'' in accordance with the definition of ``child'' under 
        the State Medicaid plan.
    (c) Eligibility Determination; No Continuation of DRM Assistance.--
            (1) Streamlined eligibility process.--The State shall use 
        the following streamlined procedures in processing applications 
        and determining eligibility for DRM assistance for DRM-eligible 
        Katrina Survivors:
                    (A) A common 1-page application form developed by 
                the Secretary of Health and Human Services in 
                consultation with the National Association of State 
                Medicaid Directors. Such form shall--
                            (i) require an applicant to provide an 
                        expected address for the duration of the DRM 
                        coverage period and to agree to update that 
                        information if it changes during such period;
                            (ii) include notice regarding the penalties 
                        for making a fraudulent application under 
                        subsection (h);
                            (iii) require the applicant to assign to 
                        the State any rights of the applicant (or any 
                        other person who is a DRM-eligible Katrina 
                        Survivor and on whose behalf the applicant has 
                        the legal authority to execute an assignment of 
                        such rights) under any group health plan or 
                        other third-party coverage for health care; and
                            (iv) require the applicant to list any 
                        health insurance coverage which the applicant 
                        was enrolled in immediately prior to submitting 
                        such application.
                    (B) Self-attestation by the applicant that the 
                applicant--
                            (i) is a DRM-eligible Katrina Survivor; and
                            (ii) if applicable, requires home and 
                        community-based services provided under such 
                        DRM assistance in accordance with subsection 
                        (d)(3).
                    (C) No requirement for documentation evidencing the 
                basis on which the applicant qualifies to be a DRM-
                eligible Katrina Survivor or, if applicable, requires 
                home and community-based services.
                    (D) Issuance of a DRM assistance eligibility card 
                to an applicant who completes such application, 
                including the self-attestation required under 
                subparagraph (B). Such card shall be valid as long as 
                the DRM coverage period is in effect and shall be 
                accompanied by notice of the termination date for the 
                DRM coverage period and, if applicable, notice that 
                such termination date may be extended. If the President 
                extends the DRM coverage period, the State shall notify 
                DRM-eligible Katrina Survivors enrolled in DRM 
                assistance of the new termination date for the DRM 
                coverage period.
                    (E) If an applicant completes the application and 
                presents it to a provider or facility participating in 
                the State medicaid plan that is qualified to make 
                presumptive eligibility determinations under such plan 
                (which at a minimum shall consist of facilities 
                identified in section 1902(a)(55) of the Social 
                Security Act (42 U.S.C. 1396a(a)(55)) and it appears to 
                the provider that the applicant is a DRM-eligible 
                Katrina Survivor based on the information in the 
                application, the applicant will be deemed to be a DRM-
                eligible Katrina Survivor eligible for DRM assistance 
                in accordance with this section, subject to subsection 
                (g).
                    (F) Continuous eligibility, without the need for 
                any redetermination of eligibility, for the duration of 
                the DRM coverage period.
            (2) No continuation of drm assistance.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) and (C), no DRM assistance shall be 
                provided after the end of the DRM coverage period.
                    (B) Presumptive eligibility.--In the case of any 
                DRM-eligible Katrina Survivor who is receiving DRM 
                assistance from a State in accordance with this section 
                and who, as of the end of the DRM coverage period, has 
                an application pending for medical assistance under the 
                State medicaid plan for periods beginning after the end 
                of such period, the State shall provide such Survivor 
                with a period of presumptive eligibility for medical 
                assistance under the State Medicaid plan (not to exceed 
                60 days) until a determination with respect to the 
                Survivor's application has been made.
                    (C) Pregnant women.--In the case of a DRM-eligible 
                Katrina Survivor who is receiving DRM assistance from a 
                State in accordance with this section and whose 
                pregnancy ended during the 60-day period prior to the 
                end of the DRM coverage period, or who is pregnant as 
                of the end of such period, such Survivor shall continue 
                to be eligible for DRM assistance after the end of the 
                DRM coverage period, including (but not limited to) for 
                all pregnancy-related and postpartum medical assistance 
                available under the State Medicaid plan, through the 
                end of the month in which the 60-day period (beginning 
                on the last day of her pregnancy) ends.
            (3) Treatment of katrina survivors provided assistance 
        prior to date of enactment.--Any Katrina Survivor who is 
        provided medical assistance under a State medicaid plan in 
        accordance with guidance from the Secretary during the period 
        that begins on August 28, 2005, and ends on the date of 
        enactment of this Act shall be treated as a DRM-eligible 
        Katrina Survivor, without the need to file an additional 
        application, for purposes of eligibility for DRM assistance 
        under this section.
    (d) Scope of Coverage.--
            (1) Categorically needy benefits.--The State shall treat a 
        DRM-eligible Katrina Survivor as an individual eligible for 
        medical assistance under the State plan under title XIX of the 
        Social Security Act on the basis of section 1902(a)(10)(A)(i) 
        of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)), with 
        coverage for such assistance retroactive to items and services 
        furnished on or after August 28, 2005 (or in the case of 
        applications for DRM assistance submitted after January 1 2006, 
        the first day of the 5th month preceding the date on which such 
        application is submitted).
            (2) Extended mental health and care coordination 
        benefits.--The State may provide, without regard to any 
        restrictions on amount, duration, and scope, comparability, or 
        restrictions otherwise applicable under the State medicaid plan 
        (other than restrictions applicable under such plan with 
        respect to services provided in an institution for mental 
        diseases), to DRM-eligible Katrina Survivors extended mental 
        health and care coordination benefits which may include the 
        following:
                    (A) Screening, assessment, and diagnostic services 
                (including specialized assessments for individuals with 
                cognitive impairments).
                    (B) Coverage for a full range of mental health 
                medications at the dosages and frequencies prescribed 
                by health professionals for depression, post-traumatic 
                stress disorder, and other mental disorders.
                    (C) Treatment of alcohol and substance abuse 
                determined to result from circumstances related to 
                Hurricane Katrina.
                    (D) Psychotherapy, rehabilitation and other 
                treatments administered by psychiatrists, 
                psychologists, or social workers for conditions 
                exacerbated by, or resulting from, Hurricane Katrina.
                    (E) In-patient mental health care.
                    (F) Family counseling for families where a member 
                of the immediate family is a Katrina Survivor or first 
                responder to Hurricane Katrina or includes an 
                individual who has died as a result of Hurricane 
                Katrina.
                    (G) In connection with the provision of health and 
                long-term care services, arranging for, (and when 
                necessary, enrollment in waiver programs or other 
                specialized programs), and coordination related to, 
                primary and specialty medical care, which may include 
                personal care services, durable medical equipment and 
                supplies, assistive technology, and transportation.
            (3) Home and community-based services.--
                    (A) In general.--In the case of a State with a 
                waiver to provide home and community-based services 
                granted under section 1115 of the Social Security Act 
                or under subsection (c) or (d) of section 1915 of such 
                Act, the State may provide such services to DRM-
                eligible Katrina Survivors who self-attest in 
                accordance with subsection (c)(1)(B)(ii) that they 
                require immediate home and community-based services 
                that are available under such waiver without regard to 
                whether the Survivors would require the level of care 
                provided in a hospital, nursing facility, or 
                intermediate care facility for the mentally retarded, 
                including to DRM-eligible Katrina Survivors who are 
                individuals described in subparagraph (B).
                    (B) Individuals described.--Individuals described 
                in this subparagraph are individuals who--
                            (i) on any day during the week preceding 
                        August 28, 2005--
                                    (I) had been receiving home and 
                                community-based services under a waiver 
                                described in subparagraph (A) in a 
                                direct impact parish;
                                    (II) had been receiving support 
                                services from a primary family 
                                caregiver who, as a result of Hurricane 
                                Katrina, is no longer available to 
                                provide services; or
                                    (III) had been receiving personal 
                                care, home health, or rehabilitative 
                                services under the State medicaid plan 
                                or under a waiver granted under section 
                                1915 or 1115 of the Social Security 
                                Act; or
                            (ii) are disabled (as determined under the 
                        State medicaid plan).
                    (C) Waiver of restrictions.--The Secretary shall 
                waive with respect to the provision of home and 
                community-based services under this paragraph any 
                limitations on--
                            (i) the number of individuals who shall 
                        receive home or community-based services under 
                        a waiver described in subparagraph (A);
                            (ii) budget neutrality requirements 
                        applicable to such waiver; and
                            (iii) targeted populations eligible for 
                        services under such waiver.
                The Secretary may waive other restrictions applicable 
                under such a waiver, that would prevent a State from 
                providing home and community-based services in 
                accordance with this paragraph.
            (4) Children born to pregnant women.--In the case of a 
        child born to a DRM-eligible Katrina Survivor who is provided 
        DRM assistance during the DRM coverage period, such child shall 
        be treated as having been born to a pregnant woman eligible for 
        medical assistance under the State medicaid plan and shall be 
        eligible for medical assistance under such plan in accordance 
        with section 1902(e)(4) of the Social Security Act (42 U.S.C. 
        1396a(e)(4)). The Federal medical assistance percentage 
        applicable to the State medicaid plan shall apply to medical 
        assistance provided to a child under such plan in accordance 
        with the preceding sentence.
    (e) Termination of Coverage; Assistance With Applying for Regular 
Medicaid Coverage.--
            (1) Notice of expected termination of drm coverage 
        period.--A State shall provide DRM-eligible Katrina Survivors 
        who are receiving DRM assistance from the State in accordance 
        with this section, as of the beginning of the 4th month (and, 
        if applicable, 9th month) of the DRM coverage period with--
                    (A) notice of the expected termination date for DRM 
                assistance for such period;
                    (B) information regarding eligibility for medical 
                assistance under the State's eligibility rules 
                otherwise applicable under the State medicaid plan; and
                    (C) an application for such assistance and 
                information regarding where to obtain assistance with 
                completing such application in accordance with 
                paragraph (2).
            (2) Application assistance.--A State shall provide DRM-
        eligible Katrina Survivors who are receiving DRM assistance 
        from the State in accordance with this section with assistance 
        in applying for medical assistance under the State medicaid 
        plan for periods beginning after the end of the DRM coverage 
        period, at State Medicaid offices and at locations easily 
        accessible to such Survivors.
            (3) State reports.--A State providing DRM assistance in 
        accordance with this section shall submit to the Secretary the 
        following reports:
                    (A) Termination and transition assistance to 
                regular medicaid coverage for drm-eligible katrina 
                survivors eligible for such assistance.--A report 
                detailing how the State intends to satisfy the 
                requirements of paragraphs (1) and (2).
                    (B) Enrollment.--Reports regarding--
                            (i) the number of Katrina Survivors who are 
                        determined to be DRM-eligible Katrina 
                        Survivors; and
                            (ii) the number of DRM-eligible Katrina 
                        Survivors who are determined to be eligible 
                        for, and enrolled in, the State medicaid plan.
            (4) Secretarial oversight.--The Secretary of Health and 
        Human Services shall ensure that a State is complying with the 
        requirements of paragraphs (1) and (2) and that applications 
        for medical assistance under the State medicaid plan from DRM-
        eligible Katrina Survivors for periods beginning after the end 
        of the DRM coverage period are processed in a timely and 
        appropriate manner.
            (5) No private right of action against a state for failure 
        to provide notice.--No private right of action shall be brought 
        against a State for failure to provide the notices required 
        under paragraph (1) or subsection (c)(1) so long as the State 
        makes a good faith effort to provide such notices.
    (f) 100 Percent Federal Matching Payments.--
            (1) In general.--Notwithstanding section 1905(b) of the 
        Social Security Act (42 U.S.C. 1396d(b), the Federal medical 
        assistance percentage or the Federal matching rate otherwise 
        applied under section 1903(a) of such Act (42 U.S.C. 1396b(a)) 
        shall be 100 percent for--
                    (A) providing DRM assistance to DRM-eligible 
                Katrina Survivors during the DRM coverage period in 
                accordance with this section;
                    (B) costs directly attributable to administrative 
                activities related to the provision of such DRM 
                assistance, including costs attributable to obtaining 
                recoveries under subsection (h);
                    (C) costs directly attributable to providing 
                application assistance in accordance with subsection 
                (e)(2); and
                    (D) DRM assistance provided in accordance with 
                subparagraph (B) or (C) of subsection (c)(2) after the 
                end of the DRM coverage period.
            (2) Disregard of payments.--Payments provided to a State in 
        accordance with this subsection shall be disregarded for 
        purposes of applying subsections (f) and (g) of section 1108 of 
        the Social Security Act (42 U.S.C. 1308).
    (g) Verification of Status as a Katrina Survivor.--
            (1) In general.--The State shall make a good faith effort 
        to verify the status of an individual who is enrolled in the 
        State Medicaid plan as a DRM-eligible Katrina Survivor under 
        the provisions of this section. Such effort shall not delay the 
        determination of the eligibility of the Survivor for DRM 
        assistance under this section.
            (2) Evidence of verification.--A State may satisfy the 
        verification requirement under subparagraph (A) with respect to 
        an individual by showing that the State providing DRM 
        assistance obtained information from the Social Security 
        Administration, the Internal Revenue Service, or the State 
        Medicaid Agency for the State from which individual is from (if 
        the individual was not a resident of such State on any day 
        during the week preceding August 28, 2005).
    (h) Penalty for Fraudulent Applications.--
            (1) Individual liable for costs.--If a State, as the result 
        of verification activities conducted under subsection (g) or 
        otherwise, determines after a fair hearing that an individual 
        has knowingly made a false self-attestation described in 
        subsection (c)(1)(B), the State may, subject to paragraph (2), 
        seek recovery from the individual for the full amount of the 
        cost of DRM assistance provided to the individual under this 
        section.
            (2) Exception.--The Secretary shall exempt a State from 
        seeking recovery under paragraph (1) if the Secretary 
        determines that it would not be cost-effective for the State to 
        do so.
            (3) Reimbursement to the federal government.--Any amounts 
        recovered by a State in accordance with this subsection shall 
        be returned to the Federal government.
    (i) Exemption from Error Rate Penalties.--All payments attributable 
to providing DRM assistance in accordance with this section shall be 
disregarded for purposes of section 1903(u) of the Social Security Act 
(42 U.S.C. 1396b(u)).
    (j) Provider Payment Rates.--In the case of any DRM assistance 
provided in accordance with this section to a DRM-eligible Katrina 
Survivor that is covered under the State medicaid plan (as applied 
without regard to this section) the State shall pay a provider of such 
assistance the same payment rate as the State would otherwise pay for 
the assistance if the assistance were provided under the State medicaid 
plan (or, if no such payment rate applies under the State medicaid 
plan, the usual and customary prevailing rate for the item or service 
for the community in which it is provided).
    (k) Application to Individuals Eligible for Medical Assistance.--
Nothing in this section shall be construed as affecting any rights 
accorded to an individual who is a recipient of medical assistance 
under a State medicaid plan who is determined to be a DRM-eligible 
Katrina Survivor but the provision of DRM assistance to such individual 
shall be limited to the provision of such assistance in accordance with 
this section.

SEC. 323. TARGETED MEDICAID RELIEF FOR DIRECT IMPACT PARISHES.

    (a) 100 Percent Federal Matching Payments for Medical Assistance 
Provided in Direct Impact Parish.--
            (1) In general.--Notwithstanding section 1905(b) of the 
        Social Security Act (42 U.S.C. 1396d(b)), for items and 
        services furnished during the period that begins on August 28, 
        2005, and ends on December 31, 2006, the Federal medical 
        assistance percentage for providing medical assistance under a 
        State medicaid plan under title XIX of the Social Security Act 
        to any individual, including a Katrina Survivor, residing in a 
        parish of the State of Louisiana described in subsection (c) 
        shall be 100 percent.
            (2) Application to enhanced fmap.--The 100 percent Federal 
        medical assistance percentage applicable under subsection (a) 
        shall also apply for purposes of determining the enhanced FMAP 
        (as defined in section 2105(b) of the Social Security Act (42 
        U.S.C. 1397ee(b)) for child health assistance provided under a 
        State child health plan under title XXI of such Act in such a 
        parish or county during the period described in such 
        subsection.
    (b) Moratorium on Redeterminations.--During the DRM coverage 
period, the State of Louisiana shall not be required to conduct 
eligibility redeterminations under the State's medicaid plan.
    (c) Parish or County Described.--For purposes of subsection (a), a 
parish or county described in this subsection is a parish or county for 
which a major disaster has been declared in accordance with section 401 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170) as a result of Hurricane Katrina and which the 
President has determined, as of September 14, 2005, warrant individual 
or public assistance from the Federal Government under such Act.

SEC. 324. AUTHORITY TO WAIVE REQUIREMENTS DURING NATIONAL EMERGENCIES 
              WITH RESPECT TO EVACUEES FROM AN EMERGENCY AREA.

    (a) In General.--Section 1135(g)(1) of the Social Security Act (42 
U.S.C. 1320b-5(g)(1)) is amended by adding at the end the following:
        ``Any geographical area in which the Secretary determines there 
        are a significant number of evacuees from an area that is 
        considered to be an emergency area under the preceding sentence 
        shall be considered to be an `emergency area' for purposes of 
        this section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if enacted on August 28, 2005.

SEC. 325. EMERGENCY ASSISTANCE FOR STATES WITH RESPECT TO THE FEDERAL 
              MEDICAL ASSISTANCE PERCENTAGE FOR FISCAL YEAR 2006.

    If the Federal medical assistance percentage (as defined in section 
1905(b) of the Social Security Act (42 U.S.C. 1396d(b))) determined for 
a State for fiscal year 2006 is less than the Federal medical 
assistance percentage determined for the State for fiscal year 2005, 
the Federal medical assistance percentage for the State for fiscal year 
2005 shall apply to the State for fiscal year 2006 for purposes of 
titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq., 
1397aa et seq.).

SEC. 326. EMERGENCY ASSISTANCE TO MEDICARE BENEFICIARIES.

    (a) Exclusion of DRM Coverage Period in Computing Medicare Part B 
Late Enrollment Period.--In applying the first sentence of section 
1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) in the case of 
an individual who, on any day during the week preceding August 28, 
2005, had a residence in a direct impact parish, there shall not be 
taken into account any month any part of which is within the DRM 
coverage period.
    (b) Written Plan on Transition of Certain Full-Benefit Dual 
Eligible Individuals To Prescription Drug Coverage under Medicare Part 
D.--Not later than October 7, 2005, the Secretary of Health and Human 
Services shall submit to Congress a written plan on how the Secretary 
will provide for the transition of coverage of prescription drugs for 
full-benefit dual eligible individuals (as defined in section 
1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-5(c)(6)) who, on 
any day during the week preceding August 28, 2005, had a residence in a 
direct impact parish, from the medicaid program under title XIX of such 
Act to the medicare program under part D of title XVIII of such Act.

SEC. 327. 80 PERCENT FEDERAL MATCHING PAYMENTS UNDER MEDICAID FOR 
              UNCOMPENSATED CARE PROVIDED TO SURVIVORS OF HURRICANE 
              KATRINA.

    (a) In General.--Notwithstanding section 1903(a) or 1905(b) of the 
Social Security Act (42 U.S.C. 1396a(a), 1396d(b)), during the DRM 
coverage period that begins on April 30, 2005--
            (1) expenditures described in subsection (b) shall be 
        treated as medical assistance provided under the State Medicaid 
        plan of the State of Louisiana; and
            (2) the Federal medical assistance percentage for such 
        expenditures, and for any administrative costs that are 
        attributable to such expenditures, shall be 80 percent.
    (b) Expenditures Described.--For purposes of subsection (a), the 
expenditures in this subsection are the following:
            (1) Expenditures of the State of Louisiana for reimbursing 
        a hospital located in the State of Louisiana for any 
        uncompensated care provided to survivors of Hurricane Katrina.
            (2) Expenditures of the State of Louisiana for reimbursing 
        a physician whose practice is located in the State of Louisiana 
        for any uncompensated costs incurred as a result of providing 
        items or services to survivors of Hurricane Katrina.
            (3) Expenditures of the State of Louisiana for reimbursing 
        a Federally-qualified health center or rural health clinic 
        located in the State of Louisiana for any uncompensated costs 
        incurred as a result of providing items or services to 
        survivors of Hurricane Katrina.
    (c) Criteria for Disbursing of Payments.--The head of the Louisiana 
Department of Health and Hospitals shall establish criteria for making 
the reimbursements described in subsection (b).

SEC. 328. DISASTER RELIEF FUND FOR PAYMENTS FOR PRIVATE HEALTH 
              INSURANCE COVERAGE.

    (a) Establishment.--There is established in the Treasury of the 
United States the Disaster Relief Fund (in this section referred to as 
the ``Fund'') which--
            (1) shall be administered by the Secretary of Health and 
        Human Services (in this section referred to as the 
        ``Secretary''); and
            (2) shall consist of amounts made available under 
        subsection (e).
    (b) Use of Amounts in Fund.--Amounts in the Fund shall be used by 
the Secretary to make payments to State insurance commissioners for the 
purpose of making payments to health insurance issuers--
            (1) on behalf of individuals who had coverage as of August 
        29, 2005 for such individual's share of their health insurance 
        premium; and
            (2) on behalf of qualified employers for the employer share 
        of their employee's health insurance premiums, but only with 
        respect to the days on which the employer meets the definition 
        under subsection (c).
    (c) Qualified Employer Defined.--For purposes of subsection (b)(2), 
the term ``qualified employer'' means any employer--
            (1) which conducted an active trade or business on August 
        28, 2005, in a Hurricane Katrina disaster area; and
            (2) with respect to whom the trade or business described in 
        paragraph (1)--
                    (A) is inoperable on any day during the disaster 
                relief period as a result of damage sustained in 
                connection with Hurricane Katrina; or
                    (B) is not paying salary or benefits to employees 
                on any day during the disaster relief period as a 
                result of damage sustained in connection with Hurricane 
                Katrina.
    (d) Appropriation.--Out of any money in the Treasury not otherwise 
appropriated, there is appropriated to the Fund, $400,000,000 for 
fiscal year 2005, to remain available until expended.

SEC. 329. ELIGIBILITY OF KATRINA SURVIVORS FOR REFUNDABLE CREDIT FOR 
              HEALTH INSURANCE COSTS AND ASSISTANCE WITH HEALTH 
              INSURANCE COVERAGE UNDER NATIONAL EMERGENCY GRANTS.

    Notwithstanding sections 35, 7527, and 6050T of the Internal 
Revenue Code of 1986, and section 173(f) of the Workforce Investment 
Act of 1998 (29 U.S.C. 2918(f)), during the disaster relief period, for 
purposes of applying such sections--
            (1) a Katrina Survivor (as defined in section 323(a)(1)) 
        shall be deemed to be an eligible individual; and
            (2) section 35(a) of such Code shall be applied with 
        respect to a Katrina Survivor by substituting ``100 percent'' 
        for ``65 percent''.

SEC. 330A. NATIONAL HEALTH SERVICE CORPS.

    (a) Designation as Health Professional Shortage Area.--
Notwithstanding section 332(a)(1) of the Public Health Service Act (42 
U.S.C. 254e(a)(1)), an area in which the President has declared that a 
major disaster exists, in accordance with section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
related to Hurricane Katrina, shall be designated as a health 
professional shortage area as described in such section 332.
    (b) Scholarship Programs.--Notwithstanding section 338A(d)(2) of 
the Public Health Service Act (42 U.S.C. 254l(d)(2)), in providing 
contracts under the Scholarship Program under subpart III of part D of 
title III of the Public Health Service Act (42 U.S.C. 254l et seq.), 
the Secretary of Health and Human Services shall give first priority to 
any application from an individual who agrees to serve in a health 
professional shortage area affected by Hurricane Katrina, as described 
in subsection (a).
    (c) Loan Repayment Programs.--The Secretary of Health and Human 
Services shall operate a loan repayment program to encourage eligible 
health care professionals to move to and continue to serve in a health 
professional shortage area affected by Hurricane Katrina, as described 
in subsection (a), in the same manner and subject to the same 
requirements and restrictions as the Loan Repayment Program operated by 
the Secretary under subpart III of part D of title III of the Public 
Health Service Act (42 U.S.C. 254l et seq.), except that the total 
amount that the Secretary may pay for loan repayment on behalf of an 
individual participating in the loan repayment program under this 
subsection shall be not more than $50,000 for 2 years of obligated 
service by the individual.

SEC. 300A. COMMUNITY HEALTH CENTER GRANTS.

    (a) Priority.--In awarding grants under section 330 of the Public 
Health Service Act (42 U.S.C. 254b), the Secretary of Health and Human 
Services shall give priority to applicants applying on behalf of a 
community health center located in an area in which the President has 
declared that a major disaster exists, in accordance with section 401 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170) related to Hurricane Katrina.
    (b) Waiver.--In awarding and administering grants under section 330 
of the Public Health Service Act (42 U.S.C. 254b) relating to community 
health centers located in Louisiana, the Secretary of Health and Human 
Services shall waive any requirement or eligibility criteria that the 
Secretary determines appropriate, including any requirement that a 
community health center must be operated as a free-standing clinic.
    (c) Deemed Eligibility.--In the case of any health provider located 
in a parish of the State of Louisiana for which the President has 
declared that a major disaster exists, in accordance with section 401 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170) related to Hurricane Katrina and which has applied for 
a grant under section 330 of the Public Health Service Act (42 U.S.C. 
254b) during the 1-year period preceding the date of enactment of this 
Act and which is still pending as of such date, such provider shall be 
deemed to be a federally qualified health center and shall be eligible 
for a grant under such section until such time as a determination on 
such application is made.

SEC. 330B. TELEMEDICINE.

    Notwithstanding any other provision of law, the Secretary may waive 
licensing and certification requirements relating to telemedicine for 
health professionals providing diagnosis and treatment services to 
assist in treating victims of a public health emergency as declared by 
the Secretary under section 319 of the Public Health Service Act (42 
U.S.C. 247d). Such a waiver may include provisions permitting payments 
to health professionals who provide such services.

SEC. 330C. PENALTIES FOR FRAUDULENT USE OF LICENSURE.

    Chapter 47 of title 18, United States Code, is amended by adding at 
the end the following:
``Sec. 1039. Fraudulent use of medical credentials
    ``Whoever knowingly or willingly--
            ``(1) falsifies a medical license or certification;
            ``(2) make any materially false, fictitious, or fraudulent 
        statement or representation with respect to a medical license 
        or certification;
            ``(3) makes or uses any false writing or document relating 
        to a medical license or certification knowing the same to 
        contain any materially false, fictitious, or fraudulent 
        statement or entry; or
            ``(4) provides medical treatment or services to an 
        individual while intentionally misrepresenting that such person 
        is appropriately licensed or certified to provide such 
        services;
shall be fined under this title, imprisoned not more than 5 years, or 
both.''.

SEC. 330D. WAIVER OF CERTAIN MEDICARE QUALITY REPORTING REQUIREMENTS 
              FOR HOSPITALS.

    (a) In General.--During the disaster relief period, section 
1886(b)(3)(B)(vii) of the Social Security Act (42 U.S.C. 
1395ww(b)(3)(B)(vii)) shall not apply to a hospital that is located in 
any parish affected by Hurricane Katrina (as defined in subsection 
(b)).
    (b) Direct impact parish defined.--
            (1) In general.--In this section, the term ``direct impact 
        parish'' means a parish in the State of Louisiana for which a 
        major disaster has been declared in accordance with section 401 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5170) as a result of Hurricane 
        Katrina and which the President has determined, before 
        September 14, 2005, warrants individual and public assistance 
        from the Federal Government under such Act.
            (2) Exclusion.--Such term does not include a parish in the 
        State of Louisiana which the President has determined warrants 
        only public assistance from the Federal Government under such 
        Act as a result of Hurricane Katrina.
            (3) Authority to rely on website posted designations.--The 
        Secretary of Health and Human Services shall post on the 
        Internet website for the Centers for Medicare & Medicaid 
        Services a list of parishes identified as direct impact 
        parishes in accordance with this paragraph. Any such parish 
        that is posted on such website as a direct impact parish shall 
        be treated for purposes of paragraph (1) as described in such 
        paragraph.

SEC. 330E. MORATORIUM ON REDETERMINATIONS.

    During the disaster relief period, the State of Louisiana shall not 
be required to conduct eligibility redeterminations under the State's 
medicaid plan under title XIX of the Social Security Act (42 U.S.C. 
1396 et seq.).

SEC. 330F. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA SURVIVORS UNDER 
              MEDICARE PROGRAM.

    (a) Exclusion of Disaster Relief Period in Computing Part B Late 
Enrollment Penalty.--In applying the first sentence of section 1839(b) 
of the Social Security Act (42 U.S.C. 1395r(b)) in the case of a 
Katrina Survivor, there shall not be taken into account any month any 
part of which is within the disaster relief period or within the 2-
month period following the end of such disaster relief period.
    (b) Part D.--
            (1) Extension of initial enrollment period.--In the case of 
        a Katrina Survivor, the initial enrollment period under section 
        1860D-1(b)(2) of the Social Security Act (42 U.S.C. 1395w-
        101(b)(2)) shall in no case end before May 15, 2007.
            (2) Flexibility in documentation for low-income 
        subsidies.--For purposes of carrying out section 1860D-14 of 
        the Social Security Act (42 U.S.C. 1395w-114), with respect to 
        Katrina Survivors, the Secretary of Health and Human Services 
        shall establish documentation rules for Katrina Survivors which 
        take into account the loss and unavailability of documents due 
        to Hurricane Katrina.

SEC. 330G. MEDICARE PROVIDERS AND SUPPLIERS.

    Notwithstanding any provision of titles XI or XVIII of the Social 
Security Act, the Secretary of Health and Human Services shall 
establish procedures to ensure that whenever a provider of services (as 
defined in subsection (u) of section 1861 of such Act (42 U.S.C. 
1395x)) or a supplier (as defined in subsection (d) of such section) 
under the Medicare program under title XVIII of such Act temporarily 
ceases offering items or services or relocates to another community as 
a result of a natural disaster or act of terrorism, such temporary 
cessation of business or relocation shall not result in a termination 
of the provider of service's provider agreement or the supplier's 
Medicare participation, or have any adverse impact on any terms or 
provisions of the provider's Medicare certification, supplier's 
Medicare participation, or a hospital's Inpatient Prospective Payment 
System exclusion status or classification; but only if the provider or 
supplier satisfies all conditions for Medicare certification and 
participation upon relocating or resuming to provide items or services 
under the Medicare program.

                     Subtitle D--Bankruptcy Relief

SEC. 331. DEFINITIONS; WHO MAY BE A DEBTOR.

    (a) Current Monthly Income.--Section 101(10A)(B) of title 11, 
United States Code, is amended--
            (1) by striking ``and payments'' and inserting 
        ``payments''; and
            (2) by inserting before the period at the end the 
        following: ``, and payments to victims of a natural disaster by 
        a governmental unit or by a qualified religious or charitable 
        entity or organization, as defined in section 548(d)(4), which 
        were made solely on account of their status as victims of such 
        natural disaster''.
    (b) Natural Disaster; Natural Disaster Zone.--Section 101 of title 
11, United States Code, is amended--
            (1) by redesignating paragraphs (40A) and (40B) as 
        paragraphs (40C) and (40D), respectively; and
            (2) by inserting after paragraph (40) the following:
            ``(40A) The term `natural disaster' means a major disaster, 
        as defined in section 102 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act.
            ``(40B) The term `natural disaster zone' means the 
        geographical area included in the determination of a natural 
        disaster.''.
    (c) Victim of Natural Disaster.--Section 101 of title 11, United 
States Code, is amended by adding at the end the following:
            ``(56) The term `victim of a natural disaster' means an 
        individual whose financial condition is materially adversely 
        affected due to--
                    ``(A) damage sustained to the principal residence 
                of that person, where such residence is located in a 
                natural disaster zone, as a result of a natural 
                disaster;
                    ``(B) an inability to remain at the principal 
                residence of that person, where such residence is 
                located in a natural disaster zone, as a result of a 
                natural disaster; or
                    ``(C) an inability to work at the principal place 
                of employment of that person, where such place of 
                employment is located in a natural disaster zone, as a 
                result of a natural disaster.''.
    (d) Who May Be a Debtor.--Section 109(h)(4) of title 11, United 
States Code, is amended by inserting ``natural disaster,'' after 
``disability,''.

SEC. 332. AMENDMENTS TO CHAPTER 5.

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

SEC. 333. AMENDMENTS TO CHAPTER 7.

    (a) Reasonable Necessary Expenses.--Section 707(b)(2)(A)(ii) of 
title 11, United States Code, is amended by adding at the end the 
following:
    ``(VI) In addition, the monthly expenses of the debtor may include 
the actual reasonably necessary expenses incurred as a result of being 
a victim of a natural disaster if the debtor provides documentation of 
such expenses, and a detailed explanation of why such expenses are 
reasonable and necessary, and why such expenses are not accounted for 
by the national standards, local standards, and other necessary 
expenses referred to in subclause (I).''.
    (b) Natural Disaster.--Section 707(b)(2)(B)(i) of title 11, United 
States Code, is amended by inserting ``or a natural disaster'' after 
``such as a serious medical condition or a call or order to active duty 
in the Armed Forces''.

SEC. 334. AMENDMENTS TO CHAPTER 11.

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

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

SEC. 335. AMENDMENTS TO CHAPTER 13.

    (a) Conversion or Dismissal.--Section 1307(e) of title 11, United 
States Code, is amended by adding at the end the following:
``The court, after notice and a hearing on motion of the debtor, may 
extend any time period specified in this subsection as may be 
necessary, if--
            ``(1) the debtor is a victim of a natural disaster;
            ``(2) the status of the debtor as a victim of a natural 
        disaster necessitates such extension of time; and
            ``(3) the debtor files an affidavit stating that such tax 
        return was destroyed or lost as a result of such natural 
        disaster, and that the debtor has requested a copy of such tax 
        return from the taxing authority.''.
    (b) Filing of Prepetition Tax Returns.--Section 1308 of title 11, 
United States Code, is amended by adding at the end the following:
    ``(d) The court, after notice and a hearing on motion of the 
debtor, may extend any time period specified in this subsection as may 
be necessary, if--
            ``(1) the debtor is a victim of a natural disaster;
            ``(2) the status of the debtor as a victim of a natural 
        disaster necessitates such extension of time; and
            ``(3) the debtor files an affidavit stating that such tax 
        return was destroyed or lost as a result of such natural 
        disaster and that the debtor has requested a copy of such tax 
        return from the taxing authority.''.

SEC. 336. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--This subtitle and the amendments made by this 
subtitle shall take effect on October 18, 2005.
    (b) Application of Amendments.--The amendments made by this 
subtitle shall apply only with respect to cases commenced under title 
11 of the United States Code after October 17, 2005.

                 Subtitle E--Unemployment Compensation

SEC. 341. FEDERAL-STATE AGREEMENTS.

    (a) In General.--Any State which desires to do so may enter into 
and participate in an agreement under this title with the Secretary of 
Labor (in this title referred to as the ``Secretary''). Any State which 
is a party to an agreement under this title may, upon providing 30 
days' written notice to the Secretary, terminate such agreement.
    (b) Provisions of Agreement.--Any agreement under subsection (a) 
shall provide that the State agency of the State will make payments of 
temporary extended unemployment compensation to individuals who--
            (1) exhaust all rights to regular compensation under the 
        State law or under Federal law after August 27, 2005;
            (2) have no rights to regular compensation or extended 
        compensation with respect to a week under such law or any other 
        State unemployment compensation law or to compensation under 
        any other Federal law; and
            (3) are not receiving compensation with respect to such 
        week under the unemployment compensation law of Canada.
    (c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an 
individual shall be deemed to have exhausted such individual's rights 
to regular compensation under a State law when--
            (1) no payments of regular compensation can be made under 
        such law because such individual has received all regular 
        compensation available to such individual based on employment 
        or wages during such individual's base period; or
            (2) such individual's rights to such compensation have been 
        terminated by reason of the expiration of the benefit year with 
        respect to which such rights existed.
    (d) Weekly Benefit Amount, etc.--For purposes of any agreement 
under this title--
            (1) the amount of temporary extended unemployment 
        compensation which shall be payable to any individual for any 
        week of total unemployment shall be equal to the amount of the 
        regular compensation (including dependents' allowances) payable 
        to such individual during such individual's benefit year under 
        the State law for a week of total unemployment;
            (2) the terms and conditions of the State law which apply 
        to claims for regular compensation and to the payment thereof 
        shall apply to claims for temporary extended unemployment 
        compensation and the payment thereof, except--
                    (A) that an individual shall not be eligible for 
                temporary extended unemployment compensation under this 
                title unless, in the base period with respect to which 
                the individual exhausted all rights to regular 
                compensation under the State law, the individual had 20 
                weeks of full-time insured employment or the equivalent 
                in insured wages, as determined under the provisions of 
                the State law implementing section 202(a)(5) of the 
                Federal-State Extended Unemployment Compensation Act of 
                1970 (26 U.S.C. 3304 note); and
                    (B) where otherwise inconsistent with the 
                provisions of this title or with the regulations or 
                operating instructions of the Secretary promulgated to 
                carry out this title; and
            (3) the maximum amount of temporary extended unemployment 
        compensation payable to any individual for whom a temporary 
        extended unemployment compensation account is established under 
        section 342 shall not exceed the amount established in such 
        account for such individual.
    (e) Election by States.--Notwithstanding any other provision of 
Federal law (and if State law permits), the Governor of a State that is 
in an extended benefit period may provide for the payment of temporary 
extended unemployment compensation in lieu of extended compensation to 
individuals who otherwise meet the requirements of this section. Such 
an election shall not require a State to trigger off an extended 
benefit period.

SEC. 342. TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.

    (a) In General.--Any agreement under this title shall provide that 
the State will establish, for each eligible individual who files an 
application for temporary extended unemployment compensation, a 
temporary extended unemployment compensation account with respect to 
such individual's benefit year.
    (b) Amount in Account.--
            (1) In general.--The amount established in an account under 
        subsection (a) shall be equal to the lesser of--
                    (A) 100 percent of the total amount of regular 
                compensation (including dependents' allowances) payable 
                to the individual during the individual's benefit year 
                under such law; or
                    (B) 13 times the individual's average weekly 
                benefit amount for the benefit year.
            (2) Weekly benefit amount.--For purposes of this 
        subsection, an individual's weekly benefit amount for any week 
        is the amount of regular compensation (including dependents' 
        allowances) under the State law payable to such individual for 
        such week for total unemployment.

SEC. 343. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF 
              TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION.

    (a) General Rule.--There shall be paid to each State that has 
entered into an agreement under this title an amount equal to 100 
percent of the temporary extended unemployment compensation paid to 
individuals by the State pursuant to such agreement.
    (b) Treatment of Reimbursable Compensation.--No payment shall be 
made to any State under this section in respect of any compensation to 
the extent the State is entitled to reimbursement in respect of such 
compensation under the provisions of any Federal law other than this 
title or chapter 85 of title 5, United States Code. A State shall not 
be entitled to any reimbursement under such chapter 85 in respect of 
any compensation to the extent the State is entitled to reimbursement 
under this title in respect of such compensation.
    (c) Determination of Amount.--Sums payable to any State by reason 
of such State having an agreement under this title shall be payable, 
either in advance or by way of reimbursement (as may be determined by 
the Secretary), in such amounts as the Secretary estimates the State 
will be entitled to receive under this title for each calendar month, 
reduced or increased, as the case may be, by any amount by which the 
Secretary finds that the Secretary's estimates for any prior calendar 
month were greater or less than the amounts which should have been paid 
to the State. Such estimates may be made on the basis of such 
statistical, sampling, or other method as may be agreed upon by the 
Secretary and the State agency of the State involved.

SEC. 344. FINANCING PROVISIONS.

    (a) In General.--Funds in the extended unemployment compensation 
account (as established by section 905(a) of the Social Security Act 
(42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by 
section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the 
making of payments to States having agreements entered into under this 
title.
    (b) Certification.--The Secretary shall from time to time certify 
to the Secretary of the Treasury for payment to each State the sums 
payable to such State under this title. The Secretary of the Treasury, 
prior to audit or settlement by the Government Accountability Office, 
shall make payments to the State in accordance with such certification, 
by transfers from the extended unemployment compensation account (as so 
established) to the account of such State in the Unemployment Trust 
Fund (as so established).
    (c) Assistance to States.--There are appropriated out of the 
employment security administration account (as established by section 
901(a) of the Social Security Act (42 U.S.C. 1101(a)) of the 
Unemployment Trust Fund, without fiscal year limitation, such funds as 
may be necessary for purposes of assisting States (as provided in title 
III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the 
costs of administration of agreements under this title.
    (d) Appropriations for Certain Payments.--There are appropriated 
from the general fund of the Treasury, without fiscal year limitation, 
to the extended unemployment compensation account (as so established) 
of the Unemployment Trust Fund (as so established) such sums as the 
Secretary estimates to be necessary to make the payments under this 
section in respect of--
            (1) compensation payable under chapter 85 of title 5, 
        United States Code; and
            (2) compensation payable on the basis of services to which 
        section 3309(a)(1) of the Internal Revenue Code of 1986 
        applies.
Amounts appropriated pursuant to the preceding sentence shall not be 
required to be repaid.

SEC. 345. FRAUD AND OVERPAYMENTS.

    (a) In General.--If an individual knowingly has made, or caused to 
be made by another, a false statement or representation of a material 
fact, or knowingly has failed, or caused another to fail, to disclose a 
material fact, and as a result of such false statement or 
representation or of such nondisclosure such individual has received an 
amount of temporary extended unemployment compensation under this title 
to which he was not entitled, such individual--
            (1) shall be ineligible for further temporary extended 
        unemployment compensation under this title in accordance with 
        the provisions of the applicable State unemployment 
        compensation law relating to fraud in connection with a claim 
        for unemployment compensation; and
            (2) shall be subject to prosecution under section 1001 of 
        title 18, United States Code.
    (b) Repayment.--In the case of individuals who have received 
amounts of temporary extended unemployment compensation under this 
title to which they were not entitled, the State shall require such 
individuals to repay the amounts of such temporary extended 
unemployment compensation to the State agency, except that the State 
agency may waive such repayment if it determines that--
            (1) the payment of such temporary extended unemployment 
        compensation was without fault on the part of any such 
        individual; and
            (2) such repayment would be contrary to equity and good 
        conscience.
    (c) Recovery by State Agency.--
            (1) In general.--The State agency may recover the amount to 
        be repaid, or any part thereof, by deductions from any 
        temporary extended unemployment compensation payable to such 
        individual under this title or from any unemployment 
        compensation payable to such individual under any Federal 
        unemployment compensation law administered by the State agency 
        or under any other Federal law administered by the State agency 
        which provides for the payment of any assistance or allowance 
        with respect to any week of unemployment, during the 3-year 
        period after the date such individuals received the payment of 
        the temporary extended unemployment compensation to which they 
        were not entitled, except that no single deduction may exceed 
        50 percent of the weekly benefit amount from which such 
        deduction is made.
            (2) Opportunity for hearing.--No repayment shall be 
        required, and no deduction shall be made, until a determination 
        has been made, notice thereof and an opportunity for a fair 
        hearing has been given to the individual, and the determination 
        has become final.
    (d) Review.--Any determination by a State agency under this section 
shall be subject to review in the same manner and to the same extent as 
determinations under the State unemployment compensation law, and only 
in that manner and to that extent.

SEC. 346. DEFINITIONS.

    (a) In General.--In this title, the terms ``compensation'', 
``regular compensation'', ``extended compensation'', ``additional 
compensation'', ``benefit year'', ``base period'', ``State'', ``State 
agency'', ``State law'', and ``week'' have the respective meanings 
given such terms under section 205 of the Federal-State Extended 
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
    (b) State.--In this title, the term State means Louisiana.

SEC. 347. APPLICABILITY.

    An agreement entered into under this title shall apply to weeks of 
unemployment--
            (1) beginning after August 27, 2005; and
            (2) ending before August 27, 2006.

                 Subtitle F--Special Reed Act Transfer

SEC. 351. SPECIAL REED ACT TRANSFER.

    (a) Special Transfer.--Section 903 of the Social Security Act (42 
U.S.C. 1103) is amended by adding at the end the following:

                           ``Special Transfer

    ``(e)(1) The Secretary of the Treasury may transfer (as of the date 
determined under paragraph (4)) from the Federal unemployment account 
to the account of the State in the Unemployment Trust Fund an amount 
that the Secretary of the Treasury, in consultation with the Secretary 
of Labor, determines is appropriate to ensure that the State account is 
not insolvent. In no case may the amount transferred to the State 
account under the preceding sentence exceed $500,000.
    ``(2)(A) Except as provided in paragraph (3), the amount 
transferred to the State account pursuant to this subsection may be 
used only in the payment of cash benefits--
            ``(i) to individuals with respect to their unemployment; 
        and
            ``(ii) which are allowable under subparagraph (B) or (C).
    ``(B)(i) At the option of the State, cash benefits under this 
paragraph may include amounts which shall be payable as--
            ``(I) regular compensation; or
            ``(II) additional compensation, upon the exhaustion of any 
        temporary extended unemployment compensation (if the State has 
        entered into an agreement under part I of subtitle E of title 
        III of the Hurricane Katrina Disaster Relief and Economic 
        Recovery Act of 2005), for individuals eligible for regular 
        compensation under the unemployment compensation law of the 
        State.
    ``(ii) Any additional compensation under clause (i) may not be 
taken into account for purposes of any determination relating to the 
amount of any extended compensation for which an individual might be 
eligible.
    ``(C)(i) At the option of the State, cash benefits under this 
paragraph may include amounts which shall be payable to 1 or more 
categories of individuals not otherwise eligible for regular 
compensation under the unemployment compensation law of the State, 
including those described in clause (iii).
    ``(ii) The benefits paid under this subparagraph to any individual 
may not, for any period of unemployment, exceed the maximum amount of 
regular compensation authorized under the unemployment compensation law 
of the State for that same period, plus any additional compensation 
(described in subparagraph (B)(i)) which could have been paid with 
respect to that amount.
    ``(iii) The categories of individuals described in this clause 
include the following:
            ``(I) Individuals who are seeking, or available for, only 
        part-time (and not full-time) work.
            ``(II) Individuals who would be eligible for regular 
        compensation under the unemployment compensation law of such 
        State under an alternative base period.
    ``(D) Amounts transferred to a State account under this subsection 
may be used in the payment of cash benefits to individuals only for 
weeks of unemployment beginning after the date of enactment of this 
subsection.
    ``(3) Amounts transferred to a State account under this subsection 
may be used for the administration of its unemployment compensation law 
and public employment offices (including in connection with benefits 
described in paragraph (2) and any recipients thereof), subject to the 
same conditions as set forth in subsection (c)(2) (excluding 
subparagraph (B) thereof, and deeming the reference to `subsections (a) 
and (b)' in subparagraph (D) thereof to include this subsection).
    ``(4) Transfers under this subsection shall be made within 90 days 
after the date of enactment of this paragraph.
    ``(5) State.--In this subsection, the term `State' means 
Louisiana.''.
    (b) Limitations on Transfers.--Subsection (b) of section 903(b) of 
the Social Security Act (42 U.S.C. 1103) shall apply to transfers under 
subsection (e) of such section (as added by subsection (a)). For 
purposes of the preceding sentence, such subsection (b) shall be deemed 
to be amended as follows:
            (1) By substituting ``the transfer date described in 
        subsection (e)(4)'' for ``October 1 of any fiscal year''.
            (2) By substituting ``remain in the Federal unemployment 
        account'' for ``be transferred to the Federal unemployment 
        account as of the beginning of such October 1''.
            (3) By substituting ``fiscal year 2006 (after the transfer 
        date described in subsection (e)(4))'' for ``the fiscal year 
        beginning on such October 1''.
            (4) By substituting ``under subsection (e)'' for ``as of 
        October 1 of such fiscal year''.
            (5) By substituting ``(as of the close of fiscal year 
        2006)'' for ``(as of the close of such fiscal year)''.
    (c) Technical Amendments.--(1) Sections 3304(a)(4)(B) and 
3306(f)(2) of the Internal Revenue Code of 1986 are amended by striking 
``or 903(d)(4)'' and inserting ``, 903(d)(4), or 903(e)(3)''.
    (2) Section 303(a)(5) of the Social Security Act (42 U.S.C. 
503(a)(5)) is amended in the second proviso by striking ``or 
903(d)(4)'' and inserting ``, 903(d)(4), or 903(e)(3)''.
    (d) Regulations.--The Secretary of Labor may prescribe any 
operating instructions or regulations necessary to carry out this 
section and the amendments made by this section.

   TITLE IV--PUBLIC RELIEF, SMALL BUSINESS, AND AGRICULTURE RECOVERY

                    Subtitle A--Education Assistance

SEC. 401. FEDERAL WORK STUDY.

    (a) Waiver of 7 Percent Requirement.--In administering the Federal 
work-study program under part C of title IV of the Higher Education Act 
of 1965 (42 U.S.C. 2751 et seq.), the Secretary of Education shall 
waive the requirement of section 443(b)(2)(B) of such Act (42 U.S.C. 
2753) for fiscal year 2005 for an institution of higher education 
described in subsection (b), including waiving any penalty or reduction 
in funds associated with such section for such institution for academic 
years 2005-2006 and 2006-2007.
    (b) Institution of Higher Education.--An institution of higher 
education described in this subsection is an institution of higher 
education, as defined in sections 101 and 102 of the Higher Education 
Act of 1965 (20 U.S.C. 1001, 1002), that--
            (1) is located in an area in which an emergency or major 
        disaster was declared under section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170) due to the effects of Hurricane Katrina;
            (2) entered into an agreement with the Secretary under part 
        C of title IV of such Act (42 U.S.C. 2751 et seq.) for fiscal 
        year 2005; and
            (3) failed to expend the required 7 percent of funds under 
        section 443(b)(2)(B) of such Act (42 U.S.C. 2753(b)(2)(B)) by 
        August 29, 2005.

SEC. 402. ELIGIBILITY OF HOSPITALS FOR ASSISTANCE.

    Title III of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end 
the following:

``SEC. 326. ELIGIBILITY OF HOSPITALS FOR ASSISTANCE.

    Notwithstanding any other provision of law, for any major disaster 
declared under section 401 on or after August 1, 2005, the eligibility 
of a hospital to receive assistance under this Act shall be determined 
without regard to whether the hospital is a private nonprofit 
facility.''.

SEC. 403. ASSISTANCE FOR STUDENTS AFFECTED BY HURRICANE KATRINA.

    (a) Deferment of Loans Under Title IV.--An affected student who was 
enrolled in an institution of higher education on August 29, 2005, and 
whose attendance at such institution was interrupted because of the 
impact of Hurricane Katrina on the student or on the institution, shall 
be placed in deferment status with respect to loans made, insured, or 
guaranteed under title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070 et seq.) for such student for the period beginning on 
August 29, 2005, and ending on the date such student enrolls in an 
institution of higher education on not less than a half-time basis or 
the date that is 180 days after August 29, 2005, whichever date is 
earlier.
    (b) Recalculation of the Expected Family Contribution.--
Notwithstanding part F of title IV of the Higher Education Act of 1965 
(20 U.S.C. 1087kk et seq.), for the 2005-2006 and 2006-2007 award 
years, the Secretary of Education shall calculate the amount of need of 
an affected student for financial assistance under title IV of such Act 
as if such student had an expected family contribution equal to zero.
    (c) Affected Student.--In this section, the term ``affected 
student'' means a student who was residing in, employed in, or 
attending an institution of higher education that is located in, an 
area in which the President has declared that a major disaster exists, 
in accordance with section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170) due to the effects 
of Hurricane Katrina.

                  Subtitle B--Small Business Recovery

SEC. 411. DISASTER LOANS.

    Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is 
amended by inserting immediately after paragraph (3) the following:
            ``(4) Disaster loans after hurricane katrina.--
                    ``(A) Additional loan authority.--
                            ``(i) Loans to small businesses.--In 
                        addition to any other loan authorized by this 
                        subsection, the Administrator may make such 
                        loans under this subsection (either directly or 
                        in cooperation with banks or other lending 
                        institutions through agreements to participate 
                        on an immediate or deferred basis) as the 
                        Administrator determines appropriate to a small 
                        business concern or small agricultural 
                        cooperative that demonstrates a direct adverse 
                        economic impact caused by Hurricane Katrina, 
                        based on such criteria as the Administrator may 
                        set by rule, regulation, or order.
                            ``(ii) Loans to nonprofits.--In addition to 
                        any other loan authorized by this subsection, 
                        the Administrator may make such loans under 
                        this subsection (either directly or in 
                        cooperation with banks or other lending 
                        institutions through agreements to participate 
                        on an immediate or deferred basis) as the 
                        Administrator determines appropriate to a non-
                        profit organization for purposes of repairing 
                        damage caused by Hurricane Katrina or 
                        performing other hurricane relief services in a 
                        damaged area.
                    ``(B) Increased loan caps.--
                            ``(i) Aggregate loan amounts.--Except as 
                        provided in clause (ii), the aggregate loan 
                        amount outstanding and committed to a qualified 
                        borrower under this paragraph may not exceed 
                        $10,000,000.
                            ``(ii) Waiver authority.--The Administrator 
                        may, at the discretion of the Administrator, 
                        waive the aggregate loan amount established 
                        under clause (i).
                    ``(C) Deferment of disaster loan payments.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, payments of principal 
                        and interest on a loan to a qualified borrower 
                        made under this subsection before, on, or after 
                        the date of enactment of this paragraph shall 
                        be deferred, and no interest shall accrue with 
                        respect to such loan, during the time period 
                        described in clause (ii).
                            ``(ii) Time period.--The time period for 
                        purposes of clause (i) shall be 1 year from the 
                        later of the date of enactment of this 
                        paragraph or the date of issuance of a loan 
                        described in clause (i), but may be extended to 
                        2 years from such date, at the discretion of 
                        the Administrator.
                            ``(iii) Resumption of payments.--At the end 
                        of the time period described in clause (ii), 
                        the payment of periodic installments of 
                        principal and interest shall be required with 
                        respect to such loan, in the same manner and 
                        subject to the same terms and conditions as 
                        would otherwise be applicable to any other loan 
                        made under this subsection.
                    ``(D) Definitions.--In this paragraph, the 
                following definitions shall apply:
                            ``(i) Damaged area.--The term `damaged 
                        area' means an area which the President has 
                        designated as a disaster area as a result of 
                        Hurricane Katrina of August 2005.
                            ``(ii) Qualified borrower.--The term 
                        `qualified borrower' means a small business 
                        concern or non-profit organization--
                                    ``(I) located in a damaged area; or
                                    ``(II) located in a State 
                                contiguous to a damaged area that is 
                                using, or intends to use, a loan made 
                                under this subsection for purposes of 
                                rebuilding or conducting operations in 
                                a damaged area.''.

SEC. 412. DEVELOPMENT COMPANY DEBENTURES.

    Section 503 of the Small Business Investment Act of 1958 (15 U.S.C. 
697) is amended by adding at the end the following:
    ``(j) Debentures After Hurricane Katrina.--
            ``(1) Authority.--
                    ``(A) In general.--In addition to any other 
                guarantee authorized by this section, the Administrator 
                may guarantee the timely payment of all principal and 
                interest as scheduled on any debenture issued to a 
                qualified borrower for purposes of rebuilding or 
                resuming operations in a damaged area, as the 
                Administrator determines appropriate.
                    ``(B) Terms.--The Administrator shall establish a 
                fee for a guarantee issued under subparagraph (A) that 
                is lower than that for other guarantees under this 
                section.
            ``(2) Existing guarantees.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Administrator may temporarily 
                defer payments of principal and interest on a guarantee 
                made to a qualified borrower under this section before 
                the date of enactment of this subsection to a small 
                business concern in a damaged area, in any case in 
                which the payments are owed to the Administration.
                    ``(B) Payments to other parties.--Notwithstanding 
                any other provision of law, the Administrator may 
                temporarily make payments of principal and interest on 
                a loan made under this section before the date of 
                enactment of this subsection to a qualified borrower, 
                in any case in which the payments are owed to a person 
                other than the Administration.
                    ``(C) Termination of authority.--The authority to 
                defer, or make, payments under this paragraph shall 
                terminate 1 year after the date of enactment of this 
                subsection.
            ``(3) Definitions.--In this subsection, the following 
        definitions shall apply:
                    ``(A) Damaged area.--The term `damaged area' means 
                an area which the President has designated as a 
                disaster area as a result of Hurricane Katrina of 
                August 2005.
                    ``(B) Qualified borrower.--The term `qualified 
                borrower' means a small business concern--
                            ``(i) located in a damaged area; or
                            ``(ii) that demonstrates a direct adverse 
                        economic impact caused by Hurricane Katrina, 
                        based on such criteria as the Administrator may 
                        set by rule, regulation, or order.''.

SEC. 413. SMALL BUSINESS EMERGENCY RELIEF.

    (a) Definitions.--As used in this subtitle--
            (1) the term ``small business concern'' has the same 
        meaning as in section 3 of the Small Business Act; and
            (2) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator 
        thereof, respectively.
    (b) Business Loan Programs.--Section 20(e)(1)(B) of the Small 
Business Act (15 U.S.C. 631 note) is amended--
            (1) by striking ``$25,050,000,000'' and inserting 
        ``$30,550,000,000'';
            (2) in clause (i), by striking ``$17,000,000,000'' and 
        inserting ``$20,000,000,000''; and
            (3) in clause (ii), by striking ``$7,500,000,000'' and 
        inserting ``$10,000,000,000''.
    (c) Appropriation.--
            (1) In general.--There is authorized to be appropriated, 
        and there is appropriated, to the Department of Commerce 
        $150,000,000 to provide, through the Louisiana Department of 
        Economic Development, bridge grants and loans to small business 
        concerns located in the area which the President has designated 
        as a disaster area as a result of Hurricane Katrina, to assist 
        in covering costs of such concerns until they are able to 
        obtain loans through Administration assistance programs or 
        other sources.
            (2) Terms.--For a loan made with funds appropriated under 
        paragraph (1)--
                    (A) such a loan shall initially be a 
                noncollateralized, low-interest loan;
                    (B) the first payment on such a loan shall be 
                deferred for at least 1 year after the date on which 
                the loan is made;
                    (C) the balance remaining on such a loan 5 years 
                after the date on which the loan is made shall be 
                forgiven entirely by the Louisiana Department of 
                Economic Development if the borrower has continued to 
                operate in the area which the President has designated 
                as a disaster area as a result of Hurricane Katrina 
                during that 5-year period; and
                    (D) such a loan may be forgiven by the Louisiana 
                Department of Economic Development, under such terms as 
                it may set, if the borrower cannot repay such loan.
    (d) Disaster Loan Additional Amounts.--In addition to any other 
amounts otherwise appropriated for such purpose, there is authorized to 
be appropriated, and there is appropriated, to the Administration 
$86,000,000, to make loans under section 7(b) of the Small Business 
Act.
    (e) Other Disaster Loans Following Hurricane Katrina.--
            (1) In general.--Paragraph (4) of section 7(b) of the Small 
        Business Act (15 U.S.C. 636(b)), as added by this subtitle, is 
        amended by adding at the end the following:
                    ``(E) Refinancing disaster loans after hurricane 
                katrina.--
                            ``(i) In general.--Any loan made under this 
                        subsection that was outstanding as to principal 
                        or interest on August 24, 2005, may be 
                        refinanced by a small business concern that is 
                        located in an area designated by the President 
                        as a disaster area as a result of Hurricane 
                        Katrina of 2005 (in this paragraph referred to 
                        as the `disaster area'), and the refinanced 
                        amount shall be considered to be part of the 
                        new loan for purposes of this subparagraph.
                            ``(ii) No effect on eligibility.--A 
                        refinancing under clause (i) by a small 
                        business concern shall be in addition to any 
                        other loan eligibility for that small business 
                        concern under this Act.
                    ``(F) Refinancing business debt.--
                            ``(i) In general.--Any business debt of a 
                        small business concern that was outstanding as 
                        to principal or interest on August 24, 2005, 
                        may be refinanced by the small business concern 
                        if it is, or was on that date, located in the 
                        disaster area. With respect to a refinancing 
                        under this clause, payments of principal shall 
                        be deferred, and interest may accrue, during 
                        the 1-year period following the date of 
                        refinancing, and the refinanced amount shall be 
                        considered to be part of a new loan for 
                        purposes of this subparagraph.
                            ``(ii) Resumption of payments.--At the end 
                        of the 1-year period described in clause (i), 
                        the payment of periodic installments of 
                        principal and interest shall be required with 
                        respect to such loan, in the same manner and 
                        subject to the same terms and conditions as 
                        would otherwise be applicable to any other loan 
                        made under this subsection.
                    ``(G) Terms.--A loan under subparagraph (E) or (F) 
                shall be made at the same interest rate as economic 
                injury loans under paragraph (2).
                    ``(H) Extended application period.--Notwithstanding 
                any other provision of law, the Administrator shall 
                accept applications for assistance under paragraphs (1) 
                and (4) until 1 year after the date on which the 
                President designated the area as a disaster area as a 
                result of Hurricane Katrina.
                    ``(I) No sale.--No loan under this subsection made 
                as a result of Hurricane Katrina may be sold.''.
            (2) Clerical amendments.--Section 7(b) of the Small 
        Business Act (15 U.S.C. 636(b)) is amended in the undesignated 
        matter at the end--
                    (A) by striking ``, (2), and (4)'' and inserting 
                ``and (2)''; and
                    (B) by striking ``, (2), or (4)'' and inserting 
                ``(2)''.

SEC. 414. ENTREPRENEURIAL DEVELOPMENT.

    In addition to any other amounts authorized for any fiscal year, 
there is authorized to be appropriated, and there is appropriated, to 
the Administration, to remain available until expended--
            (1) $21,000,000, to be used for activities of small 
        business development centers pursuant to section 21 of the 
        Small Business Act, $15,000,000 of which shall be non-matching 
        funds and used to aid and assist small business concerns 
        affected by Hurricane Katrina;
            (2) $2,000,000, to be used for the SCORE program authorized 
        by section 8(b)(1) of the Small Business Act, for the 
        activities described in section 8(b)(1)(B)(ii) of that Act, 
        $1,000,000 of which shall be used to aid and assist small 
        business concerns affected by Hurricane Katrina;
            (3) $4,500,000, to be used for activities of women's 
        business centers authorized by section 29(b) of the Small 
        Business Act and for recipients of a grant under section 29(l) 
        of that Act, $2,500,000 of which shall be non-matching funds 
        used to aid and assist small business concerns affected by 
        Hurricane Katrina, which may also be made available to a 
        women's business center whose 5-year project ended in fiscal 
        year 2004;
            (4) $1,250,000, to be used for activities of the office of 
        veteran's business development pursuant to section 32 of the 
        Small Business Act, $750,000 of which shall be used to aid and 
        assist small business concerns affected by Hurricane Katrina; 
        and
            (5) $5,000,000, to be used for activities of the microloan 
        program authorized by clauses (ii) and (iii) of section 
        7(m)(1)(G) of the Small Business Act to aid and assist small 
        business concerns adversely affected by Hurricane Katrina.

SEC. 415. SMALL BUSINESS DEVELOPMENT CENTERS.

    Section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) is 
amended by adding at the end the following:
                    ``(D) Fiscal years 2005 and 2006.--For fiscal years 
                2005 and 2006, the Administrator has the authority to 
                waive the maximum amount of $100,000 for grants under 
                subparagraph (C)(viii) for small business development 
                centers assisting small business concerns adversely 
                affected by Hurricane Katrina.''.

SEC. 416. HUBZONES.

    Section 3(p)(1) of the Small Business Act (15 U.S.C. 632(p)(1)) is 
amended--
            (1) in subparagraph (D), by striking ``or'';
            (2) in subparagraph (E), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(F) the Hurricane Katrina disaster area, as 
                designated by the Administrator.''.

SEC. 417. OUTREACH PROGRAMS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Administrator shall establish a contracting outreach 
and technical assistance program for small business concerns which have 
had a primary place of business in, or other significant presence in 
the Hurricane Katrina disaster area at any time following the 60 days 
prior to the designation of such area by the Administrator.
    (b) Administrator Action.--The Administrator may fulfill the 
requirement of subsection (a) by acting through--
            (1) the Administration;
            (2) the Federal agency small business officials designated 
        under section 15(k)(1) of the Small Business Act (15 U.S.C. 
        644(k)(1)); or
            (3) any Federal, State, or local government entity, higher 
        education institution, or private nonprofit organization that 
        the Administrator may deem appropriate, upon conclusion of a 
        memorandum of understanding or assistance agreement, as 
        appropriate, with the Administrator.

SEC. 418. SMALL BUSINESS BONDING THRESHOLD.

    Notwithstanding any other provision of law, for all procurements 
related to Hurricane Katrina, the Administrator may, upon such terms 
and conditions as it may prescribe, guarantee and enter into 
commitments to guarantee any surety against loss resulting from a 
breach of the terms of a bid bond, payment bond, performance bond, or 
bonds ancillary thereto, by a principal on any total work order or 
contract amount at the time of bond execution that does not exceed 
$10,000,000.

SEC. 419. SUPPLEMENTAL EMERGENCY LOANS.

    (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 
636(a)) is amended by adding at the end the following:
            ``(32) Supplemental emergency loans after hurricane 
        katrina.--
                    ``(A) Loan authority.--In addition to any other 
                loan authorized by this subsection, the Administrator 
                shall make such loans under this subsection (either 
                directly or in cooperation with banks or other lending 
                institutions through agreements to participate on an 
                immediate or deferred basis) as the Administrator 
                determines appropriate to a small business concern 
                adversely affected by Hurricane Katrina, subject to 
                subparagraph (B).
                    ``(B) Oversight protections.--In making any loan 
                under subparagraph (A)--
                            ``(i) the borrower shall be made aware that 
                        such loans are for those adversely affected by 
                        Hurricane Katrina; and
                            ``(ii) if such loans are made in 
                        cooperation with a bank or other lending 
                        institution--
                                    ``(I) lenders shall document for 
                                the Administrator how the borrower was 
                                adversely affected by Hurricane 
                                Katrina, whether directly, or 
                                indirectly; and
                                    ``(II) not later than 6 months 
                                after the date of enactment of this 
                                paragraph, and every 6 months 
                                thereafter until the date that is 18 
                                months after the date of enactment of 
                                this paragraph, the Comptroller General 
                                shall make a report regarding such 
                                loans to the Committee on Small 
                                Business and Entrepreneurship of the 
                                Senate and the Committee on Small 
                                Business of the House of 
                                Representatives, including verification 
                                that such loans are being used for 
                                purposes authorized by this paragraph.
                    ``(C) Fees.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, the Administrator 
                        shall, in lieu of the fee established under 
                        paragraph (23)(A), collect an annual fee of 
                        0.25 percent of the outstanding balance of 
                        deferred participation loans made under this 
                        subsection to qualified borrowers for a period 
                        of 1 year after the date of enactment of this 
                        paragraph.
                            ``(ii) Guarantee fees.--Notwithstanding any 
                        other provision of law, the guarantee fee under 
                        paragraph (18)(A) for a period of 1 year after 
                        the date of enactment of this subparagraph 
                        shall be as follows:
                                    ``(I) A guarantee fee equal to 1 
                                percent of the deferred participation 
                                share of a total loan amount that is 
                                not more than $150,000.
                                    ``(II) A guarantee fee equal to 2.5 
                                percent of the deferred participation 
                                share of a total loan amount that is 
                                more than $150,000, but not more than 
                                $700,000.
                                    ``(III) A guarantee fee equal to 
                                3.5 percent of the deferred 
                                participation share of a total loan 
                                amount that is more than $700,000.''.
    (b) Appropriation.--There is authorized to be appropriated, and 
there is appropriated, $75,000,000 to carry out section 7(a)(32) of the 
Small Business Act, as amended by subsection (a).

SEC. 420. SMALL BUSINESS PARTICIPATION.

    In order to facilitate the maximum practicable participation of 
small business concerns in activities related to relief and recovery 
from Hurricane Katrina, the Administrator and the head of any Federal 
agency making procurements related to the aftermath of Hurricane 
Katrina, shall set a goal, to be met within a reasonable time, of 
awarding to small business concerns not less than 30 percent of amounts 
expended for prime contracts and not less than 40 percent of amounts 
expended for subcontracts on procurements by such agency related to the 
aftermath of Hurricane Katrina.

SEC. 421. ENERGY EMERGENCY RELIEF.

    (a) Small Business and Farm Energy Emergency Disaster Loan 
Program.--
            (1) Small business disaster loan authority.--Section 7(b) 
        of the Small Business Act (15 U.S.C. 636(b)) is amended by 
        inserting immediately after paragraph (4), as added by this 
        subtitle, the following:
            ``(5)(A) For purposes of this paragraph--
                    ``(i) the term `base price index' means the moving 
                average of the closing unit price on the New York 
                Mercantile Exchange for heating oil, natural gas, 
                gasoline, or propane for the 10 days, in each of the 
                most recent 2 preceding years, which correspond to the 
                trading days described in clause (ii);
                    ``(ii) the term `current price index' means the 
                moving average of the closing unit price on the New 
                York Mercantile Exchange, for the 10 most recent 
                trading days, for contracts to purchase heating oil, 
                natural gas, gasoline, or propane during the subsequent 
                calendar month, commonly known as the `front month';
                    ``(iii) the term `significant increase' means--
                            ``(I) with respect to the price of heating 
                        oil, natural gas, gasoline, or propane, any 
                        time the current price index exceeds the base 
                        price index by not less than 40 percent; and
                            ``(II) with respect to the price of 
                        kerosene, any increase which the Administrator, 
                        in consultation with the Secretary of Energy, 
                        determines to be significant; and
                    ``(iv) a small business concern engaged in the 
                heating oil business is eligible for a loan, if the 
                small business concern sells not more than 10,000,000 
                gallons of heating oil per year.
            ``(B) The Administration may make such loans, either 
        directly or in cooperation with banks or other lending 
        institutions through agreements to participate on an immediate 
        or deferred basis, to assist a small business concern that has 
        suffered or that is likely to suffer substantial economic 
        injury on or after January 1, 2005, as the result of a 
        significant increase in the price of heating oil, natural gas, 
        gasoline, propane, or kerosene occurring on or after January 1, 
        2005.
            ``(C) Any loan or guarantee extended pursuant to this 
        paragraph shall be made at the same interest rate as economic 
        injury loans under paragraph (2).
            ``(D) No loan may be made under this paragraph, either 
        directly or in cooperation with banks or other lending 
        institutions through agreements to participate on an immediate 
        or deferred basis, if the total amount outstanding and 
        committed to the borrower under this subsection would exceed 
        $1,500,000, unless such borrower constitutes a major source of 
        employment in its surrounding area, as determined by the 
        Administrator, in which case the Administrator, in its 
        discretion, may waive the $1,500,000 limitation.
            ``(E) For purposes of assistance under this paragraph--
                    ``(i) a declaration of a disaster area based on 
                conditions specified in this paragraph shall be 
                required, and shall be made by the President or the 
                Administrator; or
                    ``(ii) if no declaration has been made pursuant to 
                clause (i), the Governor of a State in which a 
                significant increase in the price of heating oil, 
                natural gas, gasoline, propane, or kerosene has 
                occurred may certify to the Administration that small 
                business concerns have suffered economic injury as a 
                result of such increase and are in need of financial 
                assistance which is not otherwise available on 
                reasonable terms in that State, and upon receipt of 
                such certification, the Administration may make such 
                loans as would have been available under this paragraph 
                if a disaster declaration had been issued.
            ``(F) Notwithstanding any other provision of law, loans 
        made under this paragraph may be used by a small business 
        concern described in subparagraph (B) to convert from the use 
        of heating oil, natural gas, gasoline, propane, or kerosene to 
        a renewable or alternative energy source, including agriculture 
        and urban waste, geothermal energy, cogeneration, solar energy, 
        wind energy, or fuel cells.''.
            (2) Conforming amendments.--Section 3(k) of the Small 
        Business Act (15 U.S.C. 632(k)) is amended--
                    (A) by inserting ``, significant increase in the 
                price of heating oil, natural gas, gasoline, propane, 
                or kerosene'' after ``civil disorders''; and
                    (B) by inserting ``other'' before ``economic''.
            (3) Report.--Not later than 12 months after the date on 
        which the Administrator issues guidelines under subsection 
        (c)(1), and annually thereafter, the Administrator shall submit 
        to the Committee on Small Business and Entrepreneurship of the 
        Senate and the Committee on Small Business of the House of 
        Representatives, a report on the effectiveness of the 
        assistance made available under section 7(b)(5) of the Small 
        Business Act, as added by this subsection, including--
                    (A) the number of small business concerns that 
                applied for a loan under that section 7(b)(5) and the 
                number of those that received such loans;
                    (B) the dollar value of those loans;
                    (C) the States in which the small business concerns 
                that received such loans are located;
                    (D) the type of energy that caused the significant 
                increase in the cost for the participating small 
                business concerns; and
                    (E) recommendations for ways to improve the 
                assistance provided under that section 7(b)(5), if any.
            (4) Effective date.--The amendments made by this subsection 
        shall apply during the 4-year period beginning on the earlier 
        of the date on which guidelines are published by the 
        Administrator under subsection (c)(1), or 30 days after the 
        date of enactment of this Act, with respect to assistance under 
        section 7(b)(5) of the Small Business Act, as added by this 
        subsection.
    (b) Farm Energy Emergency Relief.--
            (1) In general.--Section 321(a) of the Consolidated Farm 
        and Rural Development Act (7 U.S.C. 1961(a)) is amended--
                    (A) in the first sentence--
                            (i) by striking ``operations have'' and 
                        inserting ``operations (i) have''; and
                            (ii) by inserting before ``: Provided,'' 
                        the following: ``, or (ii)(I) are owned or 
                        operated by such an applicant that is also a 
                        small business concern (as defined in section 3 
                        of the Small Business Act (15 U.S.C. 632)), and 
                        (II) have suffered or are likely to suffer 
                        substantial economic injury on or after January 
                        1, 2005, as the result of a significant 
                        increase in energy costs or input costs from 
                        energy sources occurring on or after January 1, 
                        2005, in connection with an energy emergency 
                        declared by the President or the Secretary'';
                    (B) in the third sentence, by inserting before the 
                period at the end the following: ``or by an energy 
                emergency declared by the President or the Secretary''; 
                and
                    (C) in the fourth sentence--
                            (i) by inserting ``or energy emergency'' 
                        after ``natural disaster'' each place that term 
                        appears; and
                            (ii) by inserting ``or declaration'' after 
                        ``emergency designation''.
            (2) Funding.--Funds available on the date of enactment of 
        this Act for emergency loans under subtitle C of the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et 
        seq.) shall be available to carry out the amendments made by 
        paragraph (1) to meet the needs resulting from natural 
        disasters.
            (3) Report.--Not later than 12 months after the date on 
        which the Secretary of Agriculture issues guidelines under 
        subsection (c)(1), and annually thereafter, the Secretary shall 
        submit to the Committee on Small Business and Entrepreneurship 
        and the Committee on Agriculture, Nutrition, and Forestry of 
        the Senate and to the Committee on Small Business and the 
        Committee on Agriculture of the House of Representatives, a 
        report that--
                    (A) describes the effectiveness of the assistance 
                made available under section 321(a) of the Consolidated 
                Farm and Rural Development Act (7 U.S.C. 1961(a)), as 
                amended by this subsection; and
                    (B) contains recommendations for ways to improve 
                the assistance provided under such section 321(a).
            (4) Effective date.--The amendments made by this subsection 
        shall apply during the 4-year period beginning on the earlier 
        of the date on which guidelines are published by the Secretary 
        of Agriculture under subsection (c)(1), or 30 days after the 
        date of enactment of this Act, with respect to assistance under 
        section 321(a) of the Consolidated Farm and Rural Development 
        Act (7 U.S.C. 1961(a)), as amended by this subsection.
    (c) Guidelines and Rulemaking.--
            (1) Guidelines.--Not later than 30 days after the date of 
        enactment of this Act, the Administrator and the Secretary of 
        Agriculture shall each issue guidelines to carry out 
        subsections (a) and (b), respectively, and the amendments made 
        thereby, which guidelines shall become effective on the date of 
        their issuance.
            (2) Rulemaking.--Not later than 30 days after the date of 
        enactment of this Act, the Administrator, after consultation 
        with the Secretary of Energy, shall promulgate regulations 
        specifying the method for determining a significant increase in 
        the price of kerosene under section 7(b)(5)(A)(iii)(II) of the 
        Small Business Act, as added by this section.

SEC. 422. BUDGETARY TREATMENT OF LOANS AND FINANCINGS.

    (a) In General.--Assistance made available under any loan made or 
approved by the Administration under this subtitle, subsections (a) or 
(b) of section 7 of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this subtitle, except for subsection 7(a)(23)(C), or 
financings made under title V of the Small Business Investment Act of 
1958 (15 U.S.C. 695 et seq.), as amended by this subtitle, on and after 
the date of enactment of this Act, shall be treated as separate 
programs of the Administration for purposes of the Federal Credit 
Reform Act of 1990 only.
    (b) Use of Funds.--Assistance under this subtitle and the 
amendments made by this subtitle shall be available only to the extent 
that funds are made available under appropriations Acts, which funds 
shall be utilized to offset the cost (as such term is defined in 
section 502 of the Federal Credit Reform Act of 1990) of such 
assistance.

SEC. 423. EMERGENCY SPENDING.

    Appropriations under this subtitle are designated as emergency 
spending, as provided under section 402 of H. Con. Res. 95 (109th 
Congress).

                        Subtitle C--Agriculture

SEC. 431. SHORT TITLE.

    This subtitle may be cited as the ``Louisiana Hurricane Katrina 
Agricultural Disaster Relief Act of 2005''.

SEC. 432. APPLICATION TO LOUISIANA PARISHES DESIGNATED AS DISASTER 
              AREAS DUE TO HURRICANE KATRINA OR RELATED CONDITIONS.

    In this subtitle, the term ``disaster parish'' means a parish in 
the State of Louisiana, all or a portion of which is included in the 
geographic area covered by a natural disaster declaration--
            (1) made by the Secretary of Agriculture under section 
        321(a) of the Consolidated Farm and Rural Development Act (7 
        U.S.C. 1961(a)) due to Hurricane Katrina or related conditions; 
        or
            (2) made by the President under the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
        seq.) due to Hurricane Katrina or related conditions.

SEC. 433. CROP DISASTER ASSISTANCE.

    (a) Emergency Financial Assistance.--Notwithstanding section 
508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the 
Secretary of Agriculture shall use $25,000,000 of the funds of the 
Commodity Credit Corporation to make emergency financial assistance 
authorized under this section available to producers on a farm in a 
disaster parish (other than producers of sugar cane) that have incurred 
qualifying crop or quality losses for the 2005 crop of an insurable 
commodity or noninsurable commodity due to Hurricane Katrina or a 
related condition. In the case strawberries, assistance under this 
section shall be available for the 2005 and 2006 crops for damages to 
such crops due to Hurricane Katrina or a related condition.
    (b) Administration.--The Secretary of Agriculture shall make 
assistance available under this section in the same manner as provided 
under section 815 of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2001 (Public 
Law 106-387; 114 Stat. 1549A-55), including using the same loss 
thresholds for the quantity and quality losses as were used in 
administering that section.
    (c) Ineligibility for Assistance.--Except as provided in subsection 
(d), the producers on a farm shall not be eligible for assistance under 
this section with respect to losses to an insurable commodity or 
noninsurable commodity if the producers on the farm--
            (1) in the case of an insurable commodity, did not obtain a 
        policy or plan of insurance for the insurable commodity under 
        the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the 
        crop incurring the losses;
            (2) in the case of a noninsurable commodity, did not file 
        the required paperwork, and pay the administrative fee by the 
        applicable State filing deadline, for the noninsurable 
        commodity under section 196 of the Federal Agriculture 
        Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop 
        incurring the losses;
            (3) had adjusted gross incomes, as defined by section 1001D 
        of the Food Security Act of 1985, of greater than $2,500,000 in 
        2004; or
            (4) were not in compliance with highly erodible land 
        conservation and wetland conservation provisions.
    (d) Contract Waiver.--The Secretary of Agriculture may waive 
subsection (c) with respect to the producers on a farm if the producers 
enter into a contract with the Secretary under which the producers 
agree--
            (1) in the case of all insurable commodities produced on 
        the farm for each of the next two crop years--
                    (A) to obtain additional coverage for those 
                commodities under the Federal Crop Insurance Act (7 
                U.S.C. 1501 et seq.); and
                    (B) in the event of violation of the contract, to 
                repay to the Secretary any payment received under this 
                section; and
            (2) in the case of all noninsurable commodities produced on 
        the farm for each of the next two crop or calendar years, as 
        applicable--
                    (A) to file the required paperwork, and pay the 
                administrative fee by the applicable State filing 
                deadline, for those commodities under section 196 of 
                the Federal Agriculture Improvement and Reform Act of 
                1996 (7 U.S.C. 7333); and
                    (B) in the event of violation of the contract, to 
                repay to the Secretary any payment received under this 
                section.
    (e) Payment Limitations.--
            (1) Limit on amount of assistance.--Assistance provided 
        under this section to a producer for losses to a crop, together 
        with the amounts specified in paragraph (2) applicable to the 
        same crop, may not exceed 95 percent of what the value of the 
        crop would have been in the absence of the losses, as estimated 
        by the Secretary of Agriculture.
            (2) Other payments.--In applying the limitation in 
        paragraph (1), the Secretary shall include the following:
                    (A) Any crop insurance payment made under the 
                Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or 
                payment under section 196 of the Federal Agricultural 
                Improvement and Reform Act of 1996 (7 U.S.C. 7333) that 
                the producer receives for losses to the same crop.
                    (B) The value of the crop that was not lost (if 
                any), as estimated by the Secretary.
    (f) Definitions.--In this section:
            (1) Additional coverage.--The term ``additional coverage'' 
        has the meaning given the term in section 502(b)(1) of the 
        Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
            (2) Insurable commodity.--The term ``insurable commodity'' 
        means an agricultural commodity (excluding livestock) for which 
        the producers on a farm are eligible to obtain a policy or plan 
        of insurance under the Federal Crop Insurance Act (7 U.S.C. 
        1501 et seq.).
            (3) Noninsurable commodity.--The term ``noninsurable 
        commodity'' means an eligible crop for which the producers on a 
        farm are eligible to obtain assistance under section 196 of the 
        Federal Agriculture Improvement and Reform Act of 1996 (7 
        U.S.C. 7333).

SEC. 434. SUGARCANE DISASTER ASSISTANCE.

    (a) Compensation for Losses.--The Secretary of Agriculture shall 
make available to a first processor of sugarcane that operates in a 
disaster parish or obtains sugarcane from a disaster parish and that is 
eligible to obtain a loan under section 156(a) of the Federal 
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) 
assistance, in the form of payments or commodities in the inventory of 
the Commodity Credit Corporation derived from carrying out that 
section, to partially compensate producers and first processors for 
crop and other losses due to Hurricane Katrina.
    (b) Administration.--Assistance under subsection (a) shall be--
            (1) shared by an affected first processor with affected 
        producers that provide commodities to the processor in a manner 
        that reflects contracts entered into between the processor and 
        the producers; and
            (2) made available under such terms and conditions as the 
        Secretary of Agriculture determines are necessary to carry out 
        subsection (a).
    (c) Amount of Assistance.--To carry out subsection (a), the 
Secretary of Agriculture shall--
            (1) use 336,697 tons of commodities in the inventory of the 
        commodity Credit Corporation under section 156(a) of the 
        Federal Agriculture Improvement and Reform Act of 1996 (7 
        U.S.C. 7272 (a));
            (2) make payments in an aggregate amount equal to the 
        market value of the quantity of commodities specified in 
        paragraph (1); or
            (3) take any combination of actions described in paragraphs 
        (1) and (2) using commodities or payments with a total value 
        equal to the market value of the quantity of commodities 
        specified in paragraph (1).
    (d) Limitation.--Out of any funds in the Treasury that are not 
otherwise appropriated, there is appropriated to carry out this 
section, $125,000,000 for fiscal year 2005, to remain available until 
expended.
    (e) Sugarcane Research Facility.--The Secretary of Agriculture 
shall use $25,490,073 of the funds of the Commodity Credit Corporation 
to complete the Sugarcane Research Laboratory of the Agricultural 
Research Service at Houma, Louisiana.
    (f) Buildings and Facilities.--The Secretary of Agriculture shall 
use $120,000,000 of funds of the Commodity Credit Corporation for the 
clean up, renovation, repair, and replacement of laboratory facilities 
and equipment at the Southern Regional Research Center of the 
Agricultural Research Service at New Orleans, Louisiana.

SEC. 435. COMPENSATION FOR INFRASTRUCTURE LOSSES.

    (a) Infrastructure Losses.--Out of any funds in the Treasury not 
otherwise appropriated, there is appropriated to the Secretary of 
Agriculture, $40,000,000 to compensate agricultural producers on a farm 
operating in a disaster parish for costs incurred to repair or replace 
barns and other structures, equipment, and fencing that--
            (1) was used to produce an agricultural commodity; and
            (2) was damaged or destroyed by Hurricane Katrina or 
        related conditions or in responding to the aftermath of the 
        hurricane.
    (b) Timing of Assistance.--The Secretary of Agriculture may provide 
assistance authorized under this section in the form of--
            (1) reimbursement for eligible repair or replacement costs 
        previously incurred by producers; or
            (2) cash or in-kind assistance in advance of the producer 
        undertaking the needed repair or replacement work.
    (c) Payment Limitations.--Assistance provided under this section to 
a producer for a repair or replacement project, together with amounts 
received for the same project from insurance proceeds, section or other 
sources, may not exceed 95 percent of the costs incurred to repair or 
replace the damaged or destroyed structures, equipment, or fencing, as 
estimated by the Secretary of Agriculture.

SEC. 436. ASSISTANCE TO DAIRY AND LIVESTOCK PRODUCERS.

    (a) Dairy Cattle Losses.--The Secretary of Agriculture shall use 
$250,000 of funds of the Commodity Credit Corporation to make payments 
for dairy cattle losses of dairy producers in disaster parishes due to 
Hurricane Katrina or related conditions. To the maximum extent 
practicable, the Secretary shall make assistance available under this 
subsection in the same manner as provided under section 806 of the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 
Stat. 1549A-51). A disaster parish so declared by the President as a 
result of Hurricane Katrina in accordance with section 401 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170) that does not qualify for assistance under this section 
shall be eligible for assistance in the same manner as provided in 
section 203 of the Agricultural Assistance Act of 2003 (16 U.S.C. 3801 
note).
    (b) Indemnity Program for Other Livestock Losses.--The Secretary of 
Agriculture shall use $11,000,000 of the funds of the Commodity Credit 
Corporation to carry out a livestock indemnity program to make payments 
to producers on farms in disaster parishes that have incurred livestock 
losses, not covered by subsection (a), due to Hurricane Katrina or 
related conditions. To the maximum extent practicable, the Secretary 
shall use the criteria established under the program referred to under 
the heading ``livestock indemnity program'' in chapter 1 of title I of 
the 1999 Emergency Supplemental Appropriations Act (Public Law 106-31; 
113 Stat. 59), except that the Secretary shall use a payment rate of 
$1,000 per head of cattle and shall not impose any limitation on the 
maximum amount of payments that a producer may receive under this 
subsection.
    (c) Dairy Production Losses.--The Secretary of Agriculture shall 
use $5,000,000 of funds of the Commodity Credit Corporation to 
compensate dairy producers operating in disaster parishes for dairy 
production losses and dairy spoilage losses incurred in the aftermath 
of Hurricane Katrina.
    (d) Livestock Compensation Program.--The Secretary of Agriculture 
shall use $5,000,000 of the funds of the Commodity Credit Corporation 
to carry out a livestock compensation program to make payments for 
livestock-related losses, not covered by subsection (b), in disaster 
parishes due to Hurricane Katrina or related conditions. To the maximum 
extent practicable, the Secretary shall use the criteria established 
under the program referred to in section 203(a) of the Agricultural 
Assistance Act of 2003 (title II of division N of the Consolidated 
Appropriations Resolution, 2003; Public Law 108-7; 117 Stat. 539), 
except that the Secretary shall not impose any limitation on the 
maximum amount of payments that a producer may receive under this 
subsection.
    (e) Emergency Animal Health and Forage Costs.--The Secretary of 
Agriculture shall use $4,375,000 of funds of the Commodity Credit 
Corporation to compensate dairy producers operating in disaster 
parishes for emergency dairy cattle health costs and increased forage 
costs due to a 30- to 90-day delay in planning in the aftermath of 
Hurricane Katrina.

SEC. 437. EMERGENCY CITRUS DISASTER, NURSERY CROP AND CHRISTMAS TREE 
              DISASTER, AND STRAWBERRY, HORTICULTURAL CROPS, FALL 
              FRUITS AND VEGETABLES DISASTER PROGRAMS.

    (a) Programs Required.--The Secretary of Agriculture shall transfer 
to the fund established by section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), $34,000,000 of funds of the Commodity Credit Corporation 
to carry out a Citrus Disaster Program, Nursery Crop and Christmas Tree 
Disaster Program, and Strawberry, Horticultural Crops, Fall Fruits and 
Vegetables Program in disaster parishes due to Hurricane Katrina or 
related conditions.
    (b) Administration.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the disaster programs required by subsection (a) 
        shall be carried out by the Secretary of Agriculture in the 
        same manner as the special disaster relief programs carried out 
        for producers who suffered from crop damage and tree losses, 
        and who had to perform related cleanup, in certain areas of 
        Florida due to Hurricanes Charley, Frances and Jeanne during 
        August and September 2004. Because of the complete destruction 
        of the business records of many producers, the Secretary shall 
        use the best available information in determining eligibility, 
        determining losses, and calculating payment amounts under the 
        programs.
            (2) Special acreage compensation amount for citrus 
        losses.--Because of the complete loss of the Louisiana citrus 
        crop due to Hurricane Katrina, the Secretary shall use only 
        Tier 1 of the Florida Citrus Disaster Program in administering 
        the Citrus Disaster Program required by subsection (a), and the 
        per acre compensation for crop loss and associated tree damage 
        in eligible groves of citrus shall be $9,023 rather than 
        $1,500.
            (3) Special loss threshold and payment rate for 
        horticultural crops.--In the case of the Strawberry, 
        Horticultural Crops, Fall Fruits and Vegetables Program 
        required by subsection (a), the Secretary shall cover losses 
        greater than 35 percent, rather than 50 percent, and use a 
        single payment rate of $2,500 per acre for planted fruits and 
        vegetables.
            (4) Special payment rate for severe nursery crop losses.--
        In the case of nursery crop losses of greater than 25 percent 
        under the Nursery Crop and Christmas Tree Disaster Program 
        required by subsection (a), the Secretary shall pay 75 percent 
        of the actual dollar amount loss, rather than 25 percent.
            (5) Payment limitations.--The Secretary shall not impose 
        any limitation on the maximum amount of payments that a 
        producer may receive under a program required by subsection 
        (a).
    (c) Relation to Other Assistance.--Persons that receive payments 
from section 32 of the Act of August 24, 1935, pursuant to a disaster 
program required by subsection (a) are not eligible for payments for 
qualifying crop or quality losses under the general crop disaster 
assistance authority of section 443.

SEC. 438. CONSERVATION PROGRAMS.

    (a) Temporary Sodbuster and Swampbuster Waiver.--Subtitles B and C 
of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) 
shall not apply in a disaster parish during the two-year period 
beginning on the date of enactment of this Act.
    (b) Debris Removal.--The Secretary of Agriculture may use the 
Natural Resources Conservation Service to conduct debris-removal 
activities on non-Federal forest land, with the permission of the owner 
of the land, in a disaster parish to reduce the risk of future 
catastrophic wildfires that would adversely affect watersheds and rural 
communities.
    (c) Additional Emergency Watershed Protection Program Funds.--The 
Secretary of Agriculture shall use an additional $190,000,000 of the 
funds of the Commodity Credit Corporation for the Emergency Watershed 
Protection Program to provide additional funds for the repair of 
damages to waterways and watersheds in disaster parishes resulting from 
Hurricane Katrina.
    (d) Additional Emergency Conservation Program Funds.--The Secretary 
of Agriculture shall use an additional $40,000,000 of the funds of the 
Commodity Credit Corporation to provide assistance under the Emergency 
Conservation Program under title IV of the Agricultural Credit Act of 
1978 (16 U.S.C. 2201 et seq.) in parishes in the State of Louisiana 
declared to be disaster areas by the President due to Hurricane Katrina 
and related conditions.

SEC. 439. TREE ASSISTANCE PROGRAM.

    (a) Inclusion of Timber and Christmas Tree Crops.--In administering 
the tree assistance program established under sections 10201 through 
10204 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
8201 et seq.), the Secretary of Agriculture shall provide $25,000,000 
to forest land owners who produce periodic crops of timber or Christmas 
trees for commercial purposes and who have suffered tree losses in 
disaster parishes due to Hurricane Katrina or related conditions
    (b) Cost-Sharing Waivers.--
            (1) Tree assistance program.--The cost-sharing requirements 
        of section 10203(1) of the Farm Security and Rural Investment 
        Act of 2002 (7 U.S.C. 8203(1)) shall not apply to the operation 
        of the tree assistance program in disaster parishes in response 
        to Hurricane Katrina or related conditions.
            (2) Cooperative forestry assistance act.--The cost-sharing 
        requirements of the Cooperative Forestry Assistance Act of 1978 
        (16 U.S.C. 2101) shall not apply in disaster parishes during 
        the two-year period beginning on the date of enactment of this 
        Act.
    (c) Relation to Other Assistance.--Persons that receive payments 
from section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), pursuant 
to the Citrus Disaster Program required by section 447 are not eligible 
for payments under the tree assistance program.
    (d) Additional State and Private Forestry Program Funds.--The 
Secretary of Agriculture shall use an additional $28,300,000 of the 
funds of the Commodity Credit Corporation to support State and Private 
Forestry programs of the Department of Agriculture to provide 
additional funds for the restoration and rehabilitation of forest lands 
destroyed or damaged by Hurricane Katrina in disaster parishes.

SEC. 440. ADDITIONAL FUNDS FOR COOPERATIVE STATE RESEARCH, EDUCATION, 
              AND EXTENSION SERVICE.

    The Secretary of Agriculture shall use an additional $34,193,591 of 
the funds of the Commodity Credit Corporation to support the research 
and education activities of the Cooperative State Research, Education, 
and Extension Service in disaster parishes. Of such amount, $9,060,000 
shall be made available to the Louisiana Agricultural Experiment 
Station, $10,133,591 shall be made available to the Louisiana 
Cooperative Extension Service, and $15,000,000 shall be made available 
to the Louisiana State University Agricultural Center to carry out the 
Hurricane Forestry Damage Research Initiative.

SEC. 441. DELTA REGIONAL AUTHORITY EXPANSION.

    (a) Definition of Region.--For purposes of subtitle F of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa et seq.), 
any area affected by a declaration of a major disaster in accordance 
with section 401 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170) in response to Hurricane 
Katrina shall be considered to be a region (as defined in section 382A 
of that subtitle).
    (b) Economic and Community Development Grants.--For purposes of 
section 382C of the Consolidated Farm and Rural Development Act (7 
U.S.C. 2009aa-2), the Delta Regional Authority may approve a grant to a 
State or a public or nonprofit entity to provide economic redevelopment 
assistance in response to damage from Hurricane Katrina or a related 
condition, or any other nationally significant incident, as determined 
by the President.
    (c) Funding Limitation.--Funding limitations under section 382D(b) 
of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-
3(b)) shall not apply to any reconstruction effort relating to a major 
disaster declared in accordance with section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
in response to Hurricane Katrina for the 3-year period beginning on the 
date on which the major disaster is declared.
    (d) Appropriation.--
            (1) In general.--Out of any funds of the Treasury not 
        otherwise appropriated, there is appropriated to the Secretary 
        of Agriculture, $27,000,000 for fiscal year 2005 to provide 
        economic and community development grants in accordance with 
        section 382C of the Consolidated Farm and Rural Development Act 
        (7 U.S.C. 2009aa-2) for projects in communities affected by 
        Hurricane Katrina or a related condition.
            (2) Availability.--Amounts made available under paragraph 
        (1) shall remain available until expended.

SEC. 442. WATER AND WASTE DISPOSAL LOAN AND GRANT PROGRAMS.

    In the case of water or waste disposal grants or direct or 
guaranteed loans under paragraph (1), (2), or (24) of section 306(a) of 
the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) made 
in an area designated a major disaster area by the President under the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), section 343(a)(13)(B) of that Act and section 
149(b) of the Internal Code of 1986 shall not apply.

SEC. 443. COMMUNITY FACILITIES LOAN AND GRANT PROGRAMS.

    (a) In General.--In the case of community facility direct and 
guaranteed loans under section 306(a)(1) of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 1926(a)(1)) and community facility 
grants under paragraph (19), (20), or (21) of section 306(a) of that 
Act made in an area designated a major disaster area by the President 
under the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.), sections 306(a)(21)(A)(iv) and 
343(a)(13)(C) of that Act and section 149(b) of the Internal Code of 
1986 shall not apply.
    (b) Restructuring.--A borrower receiving a guaranteed loan or grant 
described in subsection (a) as of the date of enactment of this Act may 
restructure the loan at new rates and terms regardless of the status of 
the loan.
    (c) Reduction of guarantee fee.--Notwithstanding any provision of 
the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) 
(including associated regulations), the Secretary of Agriculture may 
waive all or part of any fee associated with a guaranteed loan 
described in subsection (a).

SEC. 444. RURAL COMMUNITY ADVANCEMENT FUNDS.

    (a) In General.--Subject to subsection (b), in addition to any 
other amounts made available by law, the Secretary of Agriculture shall 
use--
            (1) $120,000,000 to make water and waste disposal direct 
        loans under section 306(a)(1) of the Consolidated Farm and 
        Rural Development Act (7 U.S.C. 1926(a)(1));
            (2) $60,000,000 to make water and waste disposal grants 
        under section 306(a)(2) of that Act (7 U.S.C. 1926(a)(2));
            (3) $10,000,000 to make water and waste disposal guaranteed 
        loans under section 306(a)(24) of that Act (7 U.S.C. 
        1926(a)(24));
            (4) $20,000,000 to make emergency community water 
        assistance grants under section 306A of that Act (7 U.S.C. 
        1926a);
            (5) $120,000,000 to make community facilities direct loans 
        under section 306(a)(1) of that Act (7 U.S.C. 1926(a)(1));
            (6) $60,000,000 to make community facilities grants under 
        paragraph (19), (20), or (21) of section 306(a) of that Act (7 
        U.S.C. 1926(a)); and
            (7) $20,000,000 to make community facilities guaranteed 
        loans under section 306(a)(1) of that Act (7 U.S.C. 1926(a)).
    (b) Requirement.--Loans and grants funded under this section shall 
be available for projects in communities in the State of Louisiana in 
areas that have been designated as major disaster areas by the 
President under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.).
    (c) Emergency Designation.--The amounts made available by the 
transfer of funds in or pursuant to this section are designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).

SEC. 445. REGULATIONS.

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

            Subtitle D--Privately Owned Utility Restoration

SEC. 461. SHORT TITLE.

    This subtitle may be cited as the ``Privately Owned Utility System 
Restoration Act of 2005''.

SEC. 462. DEFINITIONS.

    In this subtitle:
            (1) Direct loss.--The term ``direct loss'' means an amount 
        equal to the sum of--
                    (A) the total undepreciated costs of any plant and 
                property of a privately owned utility that is no longer 
                used or useful as a result of Hurricane Katrina; and
                    (B) the total restoration costs of a privately 
                owned utility.
            (2) Electric utility company.--The term ``electric utility 
        company'' has the meaning given the term in section 1262 of the 
        Public Utility Holding Company Act of 2005 (Public Law 109-58).
            (3) Gas utility company.--The term ``gas utility company'' 
        has the meaning given the term in section 1262 of the Public 
        Utility Holding Company Act of 2005 (Public Law 109-58).
            (4) Incremental loss.--The term ``incremental loss'' means 
        the amount, calculated on a monthly basis, that is equal to the 
        difference between--
                    (A) an amount equal to the difference between--
                            (i) the most recent total revenue 
                        requirement of the privately owned utility, as 
                        established by the regulatory authority with 
                        jurisdiction over the retail rates of the 
                        privately owned utility; and
                            (ii) the sum of--
                                    (I) direct fuel and purchased 
                                energy costs; and
                                    (II) the costs associated with the 
                                recovery of the undepreciated cost of 
                                all plants of the privately owned 
                                utility that are no longer used or 
                                useful as a result of Hurricane 
                                Katrina; and
                    (B) the total amount of revenues recovered from 
                customers of the privately owned utility during the 
                applicable period, excluding the portion of the 
                customer revenues that is attributable to the recovery 
                of direct fuel and purchased energy costs.
            (5) Privately owned utility.--The term ``privately owned 
        utility'' means an electric utility company or a gas utility 
        company.
            (6) Restoration cost.--The term ``restoration cost'' means 
        the amount equal to the difference between--
                    (A) any costs incurred by a privately owned utility 
                as a result of Hurricane Katrina that are eligible to 
                be recorded by a privately owned utility under the 
                sections of the Federal Energy Regulatory Commission 
                Uniform System of Accounts in which storm damage and 
                restoration costs are recorded, including the accounts 
                numbered 107, 108, 118, 119, 174.1, and 228.1, as 
                determined by the rules and regulations of the 
                regulatory authority having jurisdiction over the 
                retail rates of the privately owned utility; and
                    (B) any insurance proceeds received by the 
                privately owned utility that relate to direct losses 
                and restoration costs of the privately owned utility.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 463. PRIVATELY OWNED UTILITY DISASTER RELIEF.

    (a) In General.--Notwithstanding any other provision of law and 
subject to section 454, the President shall, in accordance with 
subsection (b), compensate privately owned utilities in the State of 
Louisiana (including the city of New Orleans) for losses incurred as a 
result of Hurricane Katrina.
    (b) Compensation for Direct and Incremental Losses.--
            (1) In general.--The President shall compensate privately 
        owned utilities for--
                    (A) direct losses to the transmission, 
                distribution, and generation facilities and 
                infrastructure of electric utility companies and direct 
                losses to the facilities and infrastructure of gas 
                utility companies incurred, beginning on August 29, 
                2005, by privately owned utilities as a result of 
                Hurricane Katrina; and
                    (B) the incremental losses incurred during the 
                period beginning August 29, 2005, and ending December 
                31, 2007, by the privately owned utilities as a result 
                of Hurricane Katrina.
            (2) Limitations.--
                    (A) Maximum amount.--The total amout of 
                compensation that may be provided to any 1 privately 
                owned utility under paragraph (1) shall be 
                $2,500,000,000.
                    (B) Load requirements.--
                            (i) In general.--A privately owned utility 
                        shall not be entitled to monthly payments under 
                        paragraph (1)(A) unless the load of the 
                        privately owned utility for the applicable 
                        month is not more than 80 percent of the load 
                        of the privately owned utility in the 
                        corresponding month during the period beginning 
                        August 2004 and ending July 2005.
                            (ii) Load measurement.--For purposes of 
                        clause (i)--
                                    (I) in the case of an electric 
                                utility company, the load shall be 
                                measured in kilowatt hours; and
                                    (II) in the case of a gas utility 
                                company, the load shall be measured in 
                                thousands of cubic feet of gas.
    (c) Emergency Designation.--Any amount appropriated pursuant to 
this section is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress).

SEC. 464. REQUIREMENTS FOR COMPENSATION; REGULATIONS.

    (a) Documentation.--
            (1) In general.--Subject to subsection (b), the amount of 
        compensation payable to a privately owned utility under section 
        453(b) may not exceed the amount of losses described in 
        subparagraphs (A) and (B) of paragraph (1) of that subsection 
        that the President determines, based on sworn financial 
        statements or other appropriate data provided by the privately 
        owned utility, were incurred by the privately owned utility.
            (2) Audit.--The Secretary and the Comptroller General of 
        the United States may--
                    (A) audit any statements of a privately owned 
                utility that receives compensation under this subtitle; 
                and
                    (B) for purposes of an audit under subparagraph 
                (A), request any information that the Secretary and the 
                Comptroller General determine to be necessary.
    (b) Payments.--
            (1) In general.--Subject to paragraph (2), the President 
        may provide compensation to privately owned utilities under 
        section 453(b) in 1 or more payments up to the maximum amount 
        specified in 453(b)(2)(A).
            (2) Schedule.--Payments under paragraph (1) shall only be 
        made during the period beginning on the date that is not later 
        than 60 days after the date of enactment of this Act and ending 
        March on 31, 2008.
    (c) Regulations.--Not later than 15 days after the date of 
enactment of this Act, the Secretary, in consultation with the Attorney 
General, shall promulgate regulations to carry out this subtitle, 
including regulations with respect to--
            (1) the forms to be used by privately owned utilities for 
        submitting claims under this subtitle, including the 
        information to be included in the forms;
            (2) the procedures for considering claims submitted under 
        this subtitle; and
            (3) any other matters determined by the Secretary to be 
        appropriate.

SEC. 465. NATIONAL ENERGY INFRASTRUCTURE ZONES.

    (a) Priority areas.--If there is an incident or event that, as 
determined by the Secretary of Energy (referred to in this section as 
the ``Secretary''), compromises the reliable and affordable supply of 
electricity to retail, industrial, and business customers, the 
Secretary shall give priority to protecting and, as appropriate, 
restoring the energy infrastructure system compromised.
    (b) Designation of National Energy Infrastructure Zones.--
            (1) In general.--If there is an incident (including a 
        natural disaster) that, as determined by the Secretary, 
        threatens the reliability of the energy infrastructure system, 
        including the production, refining, transmission, and 
        distribution of oil, gas, and electricity, the Secretary shall 
        designate the threatened energy infrastructure system as a 
        National Energy Infrastructure Zone.
            (2) Report.--Not later than 90 days after the date of the 
        threatening incident, the Secretary shall submit to Congress a 
        report with respect to any National Energy Infrastructure Zone 
        designated under paragraph (1) that describes--
                    (A) any actions that are necessary to protect, 
                improve, revitalize, rebuild, or otherwise strengthen 
                the affected energy infrastructure systems;
                    (B) any actions, methods, rules, regulations, and 
                processes that are necessary to improve, strengthen, 
                and rebuild the affected energy infrastructure systems 
                in the National Energy Infrastructure Zone; and
                    (C) any actions that are necessary to ensure that 
                any National Energy Infrastructure Zones are improved, 
                strengthened, or rebuilt in a manner that ensures--
                            (i) to the maximum extent practicable, 
                        energy infrastructure system reliability;
                            (ii) lowest possible costs for energy 
                        infrastructure system consumers;
                            (iii) that national security is improved 
                        and strengthened; and
                            (iv) that the energy infrastructure system 
                        is able to be expanded in the future.

SEC. 466. PROVISIONS RELATING TO DEPOSITORY INSTITUTIONS AND CREDIT 
              UNIONS.

    (a) Government Check Cashing.--
            (1) In general.--Notwithstanding any provision of 
        subchapter II of chapter 33 of title 31, United States Code, or 
        any other provision of law, the Secretary of the Treasury shall 
        indemnify any insured depository institution or insured credit 
        union for any loss suffered by the institution through cashing 
        a check or other draft on public money in the Treasury, due to 
        the fact that the check is fraudulent or the identification of 
        the bearer presenting such check or draft to the depository 
        institution or credit union is fraudulent, if the depository 
        institution or credit union--
                    (A) has made prudent efforts to identify the bearer 
                or presenter; and
                    (B) has reason to believe the check or draft is 
                presented for payment by an individual who resides in, 
                or who prior to an evacuation of such individual due to 
                Hurricane Katrina resided or was present in, an area 
                described in subsection (b)(2).
            (2) Coordination with other law.--Sections 3331 and 3343 of 
        title 31, United States Code, shall continue to apply with 
        respect to any check and any appropriate payee of such check, 
        notwithstanding the fact that the Secretary of the Treasury has 
        already made a payment with respect to such check to an insured 
        depository institution or an insured credit union under 
        paragraph (1).
    (b) Loan Payment Deferrals and ``Fresh Start'' Programs.--
            (1) In general.--No provision of Federal or State law, and 
        no regulation, order, guideline, or other provision prescribed 
        under any authority conferred by any provision of Federal or 
        State law, shall be construed as prohibiting any lender with 
        respect to any loan described in paragraph (2) from refinancing 
        such loan, including the deferred principal and interest, on 
        terms at least as favorable to the borrower as the terms of the 
        original loan.
            (2) Types of loans.--A loan described in this paragraph is 
        any consumer loan, commercial loan, or mortgage loan--
                    (A) that is made to a borrower who resides in or 
                has a place of business within, or is secured by real 
                or personal property located within, an area in which 
                the President, pursuant to section 401 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act, 
                has determined, on or after August 26, 2005, that a 
                major disaster exists, or within an area determined to 
                be eligible for disaster relief under other Federal law 
                by reason of damage related to Hurricane Katrina; and
                    (B) on which any payment of principal or interest 
                has been deferred due to the disaster caused by 
                Hurricane Katrina.
    (c) Waiver of Federal Reserve Board Fees for Certain Services.--
Notwithstanding section 11A of the Federal Reserve Act (12 U.S.C. 248a) 
or any other provision of Federal law, the Board of Governors of the 
Federal Reserve System shall waive any fee or other charge imposed on 
any insured depository institution or insured credit union with respect 
to any currency and coin services or wire transfer services during the 
effective period of this section.
    (d) Effective Period.--The provisions of this section shall not 
apply after the end of the 2-year period beginning on the date of 
enactment of this Act.

                 TITLE V--REBUILDING OF INFRASTRUCTURE

                Subtitle A--Actions by Federal Agencies

SEC. 501. PELICAN COMMISSION.

    (a) Establishment.--
            (1) Establishment.--There is established a commission to be 
        known as the ``Protecting Essential Louisiana Infrastructure, 
        Citizens, and Nature Commission'' (referred to in this Act as 
        the ``Pelican Commission'').
    (b) Purposes.--The purpose of the Pelican Commission is to provide 
for the design and implementation of a program that--
            (1) protects citizens, natural resources, essential 
        infrastructure, and property from hurricanes, flooding, and 
        erosion;
            (2) integrates and comprehensively addresses hurricane 
        protection, flood control, coastal restoration, storm surge 
        protection, and navigation projects; and
            (3) functions efficiently, timely, and reliably to maximize 
        results, eliminate waste, reduce cost, and engender confidence.
    (c) Membership.--
            (1) Composition.--The Pelican Commission shall be composed 
        of 9 members, of whom--
                    (A) 1 member shall be appointed by the President 
                and shall serve as Chairperson;
                    (B) 1 member shall be the Chief of Engineers;
                    (C) 1 member shall be the Under Secretary for 
                Oceans and Atmosphere;
                    (D) 1 member shall be a member of the Mississippi 
                River Commission who is--
                            (i) a civil life appointee; and
                            (ii) unless none of the 3 civil life 
                        appointees on the Mississippi River Commission 
                        are residents of the State of Louisiana, a 
                        resident of the State of Louisiana;
                    (E) 1 member shall be the Governor of the State of 
                Louisiana;
                    (F) 4 members shall be residents of that State and 
                appointed by the President, of whom--
                            (i) 1 member shall have expertise in 
                        commerce;
                            (ii) 1 member shall have expertise in the 
                        environment;
                            (iii) 1 member shall have expertise in 
                        flood control; and
                            (iv) 1 member shall have expertise in 
                        maritime matters.
            (2) Date of appointments.--The appointment of a member of 
        the Pelican Commission shall be made not later than December 1, 
        2005.
            (3) Term; vacancies.--
                    (A) Term.--
                            (i) A member who serves on the Pelican 
                        Commission due to holding the Office of Chief 
                        of Engineers, Under Secretary of Oceans and 
                        Atmosphere, Mississippi River Commission or 
                        Governor of the State of Louisiana shall serve 
                        on the commission as long as he holds office.
                            (ii) Presidential appointees.--A member 
                        appointed by the President to the Pelican 
                        Commission shall serve for a term of 4 years 
                        and may be reappointed.
                    (B) Vacancies.--A vacancy on the Pelican 
                Commission--
                            (i) shall not affect the powers of the 
                        Pelican Commission; and
                            (ii) shall be filled not later than 30 days 
                        after the date on which the vacancy occurred in 
                        the same manner as the original appointment was 
                        made.
            (4) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Pelican Commission have been 
        appointed, the Pelican Commission shall hold the initial 
        meeting of the Pelican Commission.
            (5) Meetings.--The Pelican Commission--
                    (A) shall meet at the call of the Chairperson not 
                less frequently than every 180 days; and
                    (B) may conduct business by telephone or other 
                electronic means.
            (6) Notification of meetings.--Not later than 14 days 
        before calling a meeting, the Chairperson shall--
                    (A) notify each member of the Pelican Commission of 
                the time, date, and location of that meeting; and
                    (B) provide each member of the Pelican Commission 
                with a written agenda for the meeting, including any 
                proposals for discussion and consideration, and any 
                appropriate background materials.
            (7) Quorum.--A majority of the members of the Pelican 
        Commission shall constitute a quorum, but a lesser number of 
        members may hold hearings.
    (d) Duties.--
            (1) Work plan.--The Pelican Commission shall enter into a 
        contract with the Corps of Engineers to develop, not later than 
        180 days after the date of enactment of this Act, and revise 
        annually thereafter, a work plan for the design and 
        implementation of an integrated and comprehensive program to 
        simultaneously--
                    (A) protect the Louisiana coastal area from future 
                flooding and devastation caused by hurricanes;
                    (B) restore and reconstruct critical wetlands; and
                    (C) provide for navigational interests.
            (2) Priority projects.--The work plan shall--
                    (A) give priority consideration to projects located 
                in an area in which a major disaster was declared by 
                the President on August 29, 2005, in accordance with 
                section 401 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5170); and
                    (B) include, at a minimum, consideration of--
                            (i) certain hurricane protection projects 
                        appropriate enhancements, including--
                                    (I) the project for Lake 
                                Pontchartrain and Vicinity, Louisiana, 
                                as generally described in the post 
                                Authorization Change Notification 
                                Report, Lake Pontchartrain, Louisiana, 
                                and Vicinity, Hurricane Protection 
                                Project, dated August 8, 1984;
                                    (II) the Barrier Plan, Louisiana, 
                                project, as generally described in the 
                                Report of the Chief of Engineers for 
                                Lake Pontchartrain and Vicinity, 
                                Louisiana, dated March 4, 1964, as 
                                published in House Document 231, 89th 
                                Congress, First Session;
                                    (III) the project for Morganza to 
                                the Gulf, Louisiana, as generally 
                                described in the Report of the Chief of 
                                Engineers on Morganza, Louisiana, to 
                                the Gulf of Mexico, Mississippi River 
                                and Tributaries, dated August 23, 2002, 
                                and in the Report of the Chief of 
                                Engineers on Morganza, Louisiana, to 
                                the Gulf of Mexico, Mississippi River 
                                and Tributaries-Supplemental Report, 
                                dated July 22, 2003;
                                    (IV) the project for West Bank and 
                                Vicinity, Louisiana, authorized by 
                                section 401(b) of Water Resources 
                                Development Act of 1986 (100 Stat. 
                                4111), sections 101(a)(17) and 
                                101(b)(11) of the Water Resources 
                                Development Act of 1996 (110 Stat. 
                                3665), and section 328 of the Water 
                                Resources Development Act of 1999 (113 
                                Stat. 304);
                                    (V) the project for New Orleans to 
                                Venice, Louisiana, authorized by 
                                section 203 of the Flood Control Act of 
                                1962 (76 Stat. 1180), and expanded to 
                                include the LeReussittee to St. Jude, 
                                Louisiana, levees;
                                    (VI) the project for Larose to 
                                Golden Meadow, Louisiana, authorized by 
                                section 204 of the Flood Control Act of 
                                1965 (79 Stat. 1077), as modified by 
                                section 325 of the Water Resources 
                                Development Act of 1999 (113 Stat. 
                                304);
                                    (VII) the project for Grand Isle, 
                                Louisiana, authorized by section 204 of 
                                the Flood Control Act of 1965 (79 Stat. 
                                1077) and section 301(b)(6) of the 
                                Water Resources Development Act of 1996 
                                (110 Stat. 3710); and
                                    (VIII) the project for Lake 
                                Pontchartrain North Shore Protection, 
                                authorized by section 601 of Water 
                                Resources Development Act of 1986 (100 
                                Stat. 4137);
                            (ii) the Louisiana Coastal Area ecosystem 
                        restoration and storm surge protection project, 
                        as generally described in the draft Louisiana 
                        Coastwide Ecosystem Restoration Report, dated 
                        October 2003, including any appropriate 
                        enhancements;
                            (iii) certain flood control projects, 
                        including any appropriate enhancements, 
                        including--
                                    (I) the project for Southeast 
                                Louisiana, Louisiana, authorized by 
                                section 108 of the Energy and Water 
                                Development Appropriations Act of 1996, 
                                and section 533 of the Water Resources 
                                Development Act of 1996 (110 Stat. 
                                3775) as amended;
                                    (II) the project for St. Bernard 
                                Parish, Louisiana, as generally 
                                described in the New Orleans District 
                                Report for St. Bernard Parish Flood 
                                Control, Louisiana, dated October 2000;
                                    (III) the project for St. Charles 
                                Parish, Louisiana, as generally 
                                described in the New Orleans District 
                                Report for St. Charles Parish Flood 
                                Control, Louisiana, dated November 
                                2002;
                                    (IV) the project for St. John the 
                                Baptist Parish, Louisiana, as generally 
                                described in the New Orleans District 
                                Report for St. John the Baptist, 
                                Louisiana, dated February 2003;
                                    (V) the project for Plaquemines 
                                Parish, Louisiana, as generally 
                                described in the New Orleans District 
                                Report for Plaquemines Parish, 
                                Louisiana, dated October 2001; and
                                    (VI) the project for Lake 
                                Pontchartrain West Shore Protection, 
                                Louisiana, as generally described in 
                                the New Orleans District Report dated 
                                July 1997; and
                            (iv) certain navigation projects, including 
                        any appropriate enhancements, including--
                                    (I) the project for Atchafalaya 
                                River and Bayous Chene, Boeuf and 
                                Black, Louisiana, as generally 
                                described in a House Resolution dated 
                                September 27, 2000;
                                    (II) the project for Calcasieu 
                                River and Pass Ship Channel 
                                Enlargement, Louisiana, as generally 
                                described in the Act of December 22, 
                                1944 (commonly known as the ``Flood 
                                Control Act of 1944'') (58 Stat. 887, 
                                chapter 665), the Act of March 2, 1945 
                                (59 Stat. 18, chapter 19), and House 
                                Resolutions dated June 23, 1964, 
                                October 5, 1966, October 3, 1968, and 
                                December 2, 1970;
                                    (III) the project for Inner Harbor 
                                Navigation Canal Lock, Louisiana, as 
                                generally described in the River and 
                                Harbor Act of 1956 (Public Law 84-455), 
                                Water Resources Development Act of 1986 
                                (Public Law 99-662), and Water 
                                Resources Development Act of 1996 
                                (Public Law 104-303);
                                    (IV) the project for Lafourche 
                                (Port Fourchon); and
                                    (V) the project for Port of Iberia, 
                                Louisiana, as generally described in 
                                section 431 of Water Resources 
                                Development Act 2000 (114 Stat 2639).
            (3) Review of work plan.--
                    (A) In general.--Upon receiving a work plan under 
                this section, the Pelican Commission shall publish the 
                work plan in the Federal Register, with notice and an 
                opportunity for public comment.
                    (B) Duration of review and comment period.--The 
                period for public review and comment shall be the 30-
                day period beginning on the date of publication of a 
                notice described in subparagraph (A).
            (4) Disposition of work plan.--Not later than 30 days after 
        the end of the period specified in paragraph (3)(B), the 
        Pelican Commission shall--
                    (A) approve, disapprove, or partially approve the 
                work plan that is the subject of the review; and
                    (B) issue a notice of the approval, disapproval, or 
                partial approval that--
                            (i) specifies the reasons for disapproving 
                        any portion of the work plan;
                            (ii) if applicable, includes 
                        recommendations for revisions to the work plan 
                        to make the plan subject to approval; and
                            (iii) directs and provides funding to the 
                        Corps of Engineers to implement the plan, to 
                        the maximum extent practicable.
            (5) Disapproval or partial approval of work plan.--If the 
        Pelican Commission disapproves or partially approves a work 
        plan, the Commission shall submit the work plan to the Corps of 
        Engineers for review and revision.
            (6) Implementation.--Notwithstanding any other provision of 
        law, the Pelican Commission may implement the work plan.
            (7) Other review, analysis, and recommendation.--The 
        Pelican Commission may review, analyze, and make 
        recommendations on such other related matters as the Pelican 
        Commission determines to be appropriate.
            (8) Treatment of work plan projects.--Notwithstanding any 
        other provision of law, a project implemented by the Pelican 
        Commission in accordance with the work plan shall be deemed to 
        comply with all applicable requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.).
            (9) Federal share.--Notwithstanding any other provision of 
        law, the Federal share of the cost of any project carried out 
        in accordance with the work plan shall be 100 percent.
    (e) Powers.--
            (1) Hearings.--
                    (A) In general.--The Pelican Commission may hold 
                such hearings, meet and act at such times and places, 
                take such testimony, and receive such evidence as the 
                Pelican Commission considers advisable to carry out 
                this Act.
                    (B) Public meetings and release of reports.--The 
                Pelican Commission shall--
                            (i) hold public hearings and meetings to 
                        the extent appropriate; and
                            (ii) release to the public versions of any 
                        reports prepared by the Pelican Commission.
                    (C) Public hearings.--Any public hearing of the 
                Pelican Commission shall be conducted in a manner 
                consistent with the protection of information provided 
                to or developed for or by the Commission as required by 
                any applicable statute, regulation, or Executive order.
            (2) Contracting.--The Pelican Commission may, to such 
        extent and in such amounts as are available for the purpose, 
        enter into contracts to enable the Pelican Commission to carry 
        out the duties of the Pelican Commission.
            (3) Information from federal agencies.--
                    (A) In general.--The Pelican Commission may secure 
                directly from a Federal agency such information 
                (including technical assistance) as the Pelican 
                Commission considers necessary to carry out this Act, 
                if the information may be disclosed under section 552 
                of title 5, United States Code.
                    (B) Provision of information.--On request of the 
                Chairperson of the Pelican Commission, the head of the 
                agency shall provide the information (or technical 
                assistance) to the Pelican Commission.
            (4) Postal services.--The Pelican Commission--
                    (A) may use the United States mails in the same 
                manner and under the same conditions as other agencies 
                of the Federal Government; and
                    (B) for the purposes of the frank, be considered to 
                be a commission of Congress as described in section 
                3215 of title 39, United States Code.
            (5) Administrative support services.--Upon the request of 
        the Pelican Commission, the Administrator of General Services 
        shall provide to the Pelican Commission, on a reimbursable 
        basis, such administrative support services as the Pelican 
        Commission may request.
            (6) Printing.--For purposes of costs relating to printing 
        and binding, including the cost of personnel detailed from the 
        Government Printing Office, the Commission shall be considered 
        to be a committee of Congress.
            (7) Gifts.--The Pelican Commission may accept, use, and 
        dispose of gifts or donations of services or property.
    (f) Pelican Commission Personnel Matters.--
            (1) Compensation of members.--A member of the Pelican 
        Commission shall receive no additional pay, allowances, or 
        benefits by reason of the service of the member on the Pelican 
        Commission.
            (2) Travel expenses.--A member of the Pelican Commission 
        shall be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized in accordance with sections 
        5702 and 5703 of title 5, United States Code, while away from 
        the home or regular place of business of the member in the 
        performance of the duties of the Pelican Commission.
            (3) Staff.--
                    (A) Executive director.--The Chairperson of the 
                Pelican Commission may, without regard to the civil 
                service laws (including regulations), appoint and 
                terminate an executive director to enable the Pelican 
                Commission to carry out the duties of the Pelican 
                Commission.
                    (B) Additional staff.--With the approval of the 
                Pelican Commission, the executive director may appoint 
                such additional personnel as the executive director 
                considered to be appropriate to assist the Pelican 
                Commission in carrying out the duties of the Pelican 
                Commission.
                    (C) Compensation.--
                            (i) In general.--Except as provided in 
                        subparagraph (B), the Chairperson of the 
                        Pelican Commission may fix the compensation of 
                        the executive director and other personnel 
                        without regard to the provisions of chapter 51 
                        and subchapter III of chapter 53 of title 5, 
                        United States Code, relating to classification 
                        of positions and General Schedule pay rates.
                            (ii) Maximum rate of pay.--The rate of pay 
                        for the executive director and other personnel 
                        shall not exceed the rate payable for level V 
                        of the Executive Schedule under section 5316 of 
                        title 5, United States Code.
            (4) Detail of federal government employees.--
                    (A) In general.--Upon a request by the Chairperson 
                of the Commission, an employee of the Federal 
                Government may be detailed to the Pelican Commission 
                without reimbursement.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Commission may procure temporary and 
        intermittent services in accordance with section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
            (6) Location of facilities.--
                    (A) In general.--The offices of the Pelican 
                Commission shall be co-located in Washington, District 
                of Columbia, and New Orleans, Louisiana.
                    (B) Office space.--The Administrator of General 
                Services shall locate suitable office space and provide 
                all necessary equipment and incidentals required for 
                proper operation of the Pelican Commission in each of 
                the locations specified in subparagraph (A).
    (g) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Pelican Commission.
    (h) Funding.--
            (1) In general.--Notwithstanding any other provision of 
        law, not later than 30 days after the date of enactment of this 
        Act, out of any funds in the Treasury not otherwise 
        appropriated, the Secretary of the Treasury shall transfer to 
        the Chairperson of the Pelican Commission to carry out this 
        section $40,000,000,000, to remain available until expended.
            (2) Receipt and acceptance.--The Chairperson of the Pelican 
        Commission shall be entitled to receive, shall accept, and 
        shall use to carry out this section the funds transferred under 
        paragraph (1), without further appropriation. 

SEC. 502. PRESIDENTIAL EMERGENCY PERMITTING PROCESS.

    (a) Emergency Permits.--
            (1) In general.--Notwithstanding any other provision of 
        law, for the 2-year period beginning on the date of enactment 
        of this Act, the President may issue an emergency permit for 
        any project carried out in response to, or as part of a 
        reconstruction effort relating to, Hurricane Katrina or a 
        related condition, as the President determines to be in the 
        best interests of the United States.
            (2) Application.--
                    (A) In general.--To receive a permit under 
                paragraph (1), the head of the lead agency of a project 
                described in that paragraph shall submit to the 
                President an application, in such a manner and 
                containing such information as the President may 
                require.
                    (B) Eligible applicants.--Any State or local 
                government, or any private entity carrying out a 
                project described in paragraph (1), may submit an 
                application under subparagraph (A).
                    (C) Determination.--
                            (i) In general.--The President shall 
                        approve or disapprove an application under 
                        subparagraph (A) by not later than 30 days 
                        after the date on which the application is 
                        received.
                            (ii) Failure to make determination.--If the 
                        President fails to approve or disapprove an 
                        application by the deadline under clause (i), 
                        the application shall be considered to be 
                        approved.
            (3) Effect of permit.--A project that receives a permit 
        under this section shall be considered to be in compliance with 
        any applicable Federal law (including regulations).
            (4) Notice.--On receipt of a permit under this subsection, 
        the head of the lead agency of a project shall provide a notice 
        to the head of any Federal agency that administers a law or 
        regulation applicable to the project.
    (b) Responsibility of Federal Agencies.--The head of each Federal 
agency shall establish, maintain, and periodically publish in the 
Federal Register, a record of any notice received under subsection 
(a)(4), including a description of the basis on which the permit was 
issued.

SEC. 503. FEDERAL CONTRACTING REQUIREMENT FOR RECONSTRUCTION.

    (a) Contracts for Property or Services.--
            (1) Preference for louisiana contractors.--Notwithstanding 
        any other provision of law and subject to paragraph (2), in 
        entering into a contract to procure property or services 
        pursuant to the August 29, 2005, Presidential declaration of a 
        major disaster for the State of Louisiana (FEMA-1603-DR) or in 
        connection with assistance granted to Louisiana pursuant to the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5122), the head of an executive agency shall afford 
        a preference in the source selection process to each offeror 
        that--
                    (A) is domiciled and properly licensed in 
                Louisiana; and
                    (B) employs a majority of its workforce within 
                Louisiana.
            (2) Limitations.--The head of an executive agency may not, 
        in connection with a contract described in paragraph (1)--
                    (A) pay more than the prevailing market price for 
                any property or service; or
                    (B) obtain terms and conditions that are less 
                favorable than prevailing market terms and conditions.
    (b) Special Workforce Requirement for Service Contracts.--
            (1) In general.--Notwithstanding any other provision of law 
        and except as provided in paragraph (2), in entering into a 
        contract to procure services pursuant to the August 29, 2005, 
        Presidential declaration of a major disaster for the State of 
        Louisiana (FEMA-1603-DR), the head of an executive agency shall 
        require in the source selection process that each offeror 
        employs Louisiana workers as not less than 30 percent of the 
        workforce that will perform such services.
            (2) Waiver.--The head of an executive agency may waive the 
        requirement under paragraph (1) in the case of an offeror that 
        demonstrates to the satisfaction of such head that--
                    (A) an insufficient number of appropriately skilled 
                Louisiana workers are available to perform the 
                contract; and
                    (B) the offeror has made reasonable efforts to hire 
                Louisiana workers.
    (c) Definitions.--In this Act:
            (1) Executive agency.--The term ``executive agency'' has 
        the meaning given such term in section 4 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403).
            (2) Louisiana workers.--The term ``Louisiana workers'' 
        means workers who were residing in Louisiana as of August 28, 
        2005.

SEC. 504. CONTINUATION OF WORKER PAYMENTS AND OTHER ALLOWABLE COSTS 
              UNDER FEDERAL CONTRACTS.

    (a) Treatment of Worker Costs.--Notwithstanding any other provision 
of law, all costs, direct and indirect, on Federal contracts and 
subcontracts that are associated with employees displaced by Hurricane 
Katrina, including wages, salaries, and temporary housing costs, shall 
be considered allowable and compensable costs, and the pricing of such 
contracts and subcontracts shall be equitably adjusted accordingly, 
whether or not, due to Hurricane Katrina, such employees are able to 
work on such contracts or subcontracts.
    (b) Treatment of Other Hurricane Katrina-related Costs.--
Notwithstanding any other provision of law, all additional costs, 
direct and indirect, on Federal contracts and subcontracts that are 
associated with delays, loss of efficiency, and disruption caused by 
Hurricane Katrina shall be considered allowable and compensable costs, 
and the pricing of such contracts and subcontracts shall be equitably 
adjusted accordingly.
    (c) Required Offsets for Insurance Payments.--Contractors shall 
reimburse any costs covered under this section for which they receive 
insurance payments.

SEC. 505. RESTORATION OF TELECOMMUNICATIONS INFRASTRUCTURE.

    (a) Definitions.--Section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by 
adding at the end the following:
            ``(10) Telecommunications carrier.--The term 
        `telecommunications carrier' has the same meaning given such 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153) including commercial mobile radio service providers.''.
    (b) Eligibility of Federal resources.--Section 403(a) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170b) is amended by adding at the end the following:
            ``(5) Maintenance and restoration of communications.--
        Utilizing Federal equipment, supplies, facilities, personnel, 
        and other resources, other than the extension of credit, to 
        assist telecommunications carriers in the maintenance and 
        restoration of communications during an emergency or 
        disaster.''.

                    Subtitle B--Economic Development

SEC. 521. RECOVERY ASSISTANCE FOR FEDERAL AND STATE AGENCIES, 
              BUSINESSES, INSTITUTIONS OF HIGHER EDUCATION, AND PUBLIC-
              PRIVATE PARTNERSHIPS.

    (a) Establishment of Program.--As soon as practicable after the 
date of enactment of this Act, the Secretary of Commerce (referred to 
in this section as the ``Secretary'') shall establish a program under 
which the Secretary shall provide grants to eligible entities to carry 
out activities relating to transition, recovery, and relocation for 
Federal and State agencies, businesses, institutions of higher 
education, and public-private partnerships in the State of Louisiana 
that have been affected by Hurricane Katrina or a related condition.
    (b) Eligible Entities.--
            (1) In general.--In carrying out the program under 
        subsection (a), the Secretary shall--
                    (A) establish a list of qualifications for an 
                eligible entity under the program; and
                    (B) solicit applications from eligible entities, as 
                the Secretary determines to be appropriate.
            (2) Applications.--An eligible entity seeking a grant under 
        this section shall submit an application to the Secretary at 
        such time, in such manner, and containing such information as 
        the Secretary may reasonably require.
    (c) Federal Share.--Notwithstanding any requirement under the 
Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et 
seq.), the Federal share of the cost of an activity under this section 
shall be 100 percent.
    (d) Appropriations.--There are authorized to be appropriated for 
fiscal year 2006, and are appropriated to the Secretary of Commerce, 
$1,000,000,000 to carry out the program under this section. Amounts 
appropriated under this subsection shall remain available until 
expended.

SEC. 522. MANUFACTURING EXTENSION PARTNERSHIP PROGRAM.

    (a) Waiver of Matching Requirements.--
            (1) In general.--Notwithstanding section 25(c) of the 
        National Institute of Standards and Technology Act (15 U.S.C. 
        278k), any Regional Center for the Transfer of Manufacturing 
        Technology that is located in an area subject to a declaration 
        by the President of a major disaster as a result of Hurricane 
        Katrina, shall be exempt from the matching requirement under 
        such subsection.
            (2) Effective date.--This subsection shall be effective 
        during the 2-year period beginning on the date of enactment of 
        this Act.
    (b) Appropriation.--There are authorized to be appropriated for 
fiscal year 2006, and are appropriated for such fiscal year, 
$30,000,000 for the Hollings Manufacturing Extension Partnership of the 
National Institute of Standards and Technology, to be used to restore 
the manufacturing and supply base in Louisiana that was adversely 
affected by Hurricane Katrina. Amounts appropriated under this 
subsection shall remain available until expended.

SEC. 523. PUBLIC TELECOMMUNICATIONS FACILITIES.

    (a) Emergency Grants for Construction of Public Telecommunications 
Facilities.--Section 392 of the Communications Act of 1934 is amended 
by adding at the end the following:
    ``(j) Emergency Grants for Facilities Damaged or Destroyed by 
Hurricane Katrina.--
            ``(1) In general.--There are authorized to be appropriated 
        for fiscal year 2006, and are appropriated for such fiscal 
        year, $250,000,000 for additional projects for the 
        construction, reconstruction, or reparation of public 
        telecommunications facilities damaged or destroyed in areas 
        affected by Hurricane Katrina.
            ``(2) Definition.--For purposes of this subsection, the 
        term `areas affected by Hurricane Katrina' means any area which 
        the President has declared a major disaster under section 102 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5122) in connection with Hurricane 
        Katrina.''.
    (b) Suspension of Requirements Under the Public Telecommunications 
Facilities and Construction Program.--Section 392 of the Communications 
Act of 1934 (47 U.S.C.,.392), as amended by subsection (a), is further 
amended by adding at the end the following:
    ``(k) Suspension of Requirements.--For any grant awarded under this 
section to a grantee in an area which the President has declared a 
major disaster under section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122) in connection with 
Hurricane Katrina, the Secretary may suspend all statutory requirements 
under this subtitle for purposes of assistance under this section.''.

SEC. 524. GRANTS FOR TECHNOLOGY AND ECONOMIC DEVELOPMENT IN AREAS 
              AFFECTED BY HURRICANE KATRINA.

    Subpart E of part IV of title III of the Communications Act of 1934 
is amended by adding at the end the following:

``SEC. 399C. GRANTS FOR TECHNOLOGY AND ECONOMIC DEVELOPMENT IN AREAS 
              AFFECTED BY HURRICANE KATRINA.

    ``(a) Purpose.--The purpose of this section is to provide 
assistance to parishes within the State of Louisiana affected by 
Hurricane Katrina in order to facilitate the economic recovery of--
            ``(1) low and moderate income residents; and
            ``(2) small business concerns.
    ``(b) Grant Authorized.--The Secretary may award grants under this 
section to parishes in the State of Louisiana whose applications for 
such grants are approved by the Secretary under this section.
    ``(c) Use of Funds.--Grants under this section may be used for 
activities to carry out the purposes described in this section, 
including--
            ``(1) the acquisition of more efficient first-responder 
        mobile communications, including deployable cellular towers to 
        be used in cases of emergency;
            ``(2) the reconstruction and redeployment of equipment 
        necessary to reinstate internet, wireless, broadband, and e-
        government services, with special priority in reinstating such 
        services to be given to small business concerns, as defined in 
        section 3 of the Small Business Act (15 U.S.C. 632);
            ``(3) the construction of such public telecommunications 
        facilities as may be necessary to provide low cost broadband 
        communication connectivity for low and middle income families, 
        as such terms are defined in section 3 of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a); and
            ``(4) the construction of a broadband dual-purpose 
        municipal wireless communication network to be used for--
                    ``(A) city-wide operations within the city of New 
                Orleans, Louisiana; and
                    ``(B) public Internet access in 100-block area of 
                downtown New Orleans using wireless-fidelity (commonly 
                known as `Wi-FI') technology.
    ``(d) Application and Selection.--A parish seeking a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the Secretary may 
reasonably require.
    ``(e) Reporting Requirements.--The Secretary shall require grant 
recipients under this section to report the uses of all amounts 
expended for each of the eligible activities described in subsection 
(c).
    ``(f) Appropriation.--There are authorized to be appropriated for 
fiscal year 2006, and are appropriated for such fiscal year,$19,000,000 
to carry out this section.''.

SEC. 525. RELIEF FOR CRAWFISH INDUSTRY.

    (a)Findings.--Congress makes the following findings:
            (1) Since September 15, 1997, there has been an antidumping 
        duty order requiring payment of antidumping duties on imports 
        of freshwater crawfish tail meat from the People's Republic of 
        China.
            (2) The United States Bureau of Customs and Border 
        Protection is required to collect all customs duties, including 
        antidumping duties, lawfully imposed on imports of merchandise 
        entering the United States. Nevertheless, less than $30,000,000 
        in antidumping duties on imports of freshwater crawfish tail 
        meat from the People's Republic of China has been collected 
        since 1997, while more than $285,000,000 in antidumping duties 
        are owed but uncollected.
            (3) During each of the fiscal years 2002, 2003, and 2004, 
        non-collection of lawful antidumping duties has deprived the 
        affected domestic producers of freshwater crawfish tail meat in 
        Louisiana of approximately $46,187,768 to which they would 
        otherwise have been entitled under the Continued Dumping and 
        Subsidy Offset Act of 2000 (section 754 of the Tariff Act of 
        1930).
            (4) Freshwater crawfish tail meat is produced in the United 
        States only in Louisiana and the domestic product is sold 
        almost exclusively to purchasers within Louisiana.
            (5) The United States International Trade Commission has 
        found that over 97 percent of the domestic industry's sales 
        since 2000 have been to purchasers within Louisiana, such as 
        food stores, restaurants, and seafood markets. Since 1999, more 
        than half of the domestic industry's sales has been to local 
        food stores in Louisiana. New Orleans, the State's largest city 
        has accounted for a large portion of the domestic industry's 
        sales.
    (6) Hurricane Katrina has damaged or destroyed traditional markets 
in southern Louisiana on which the domestic industry relies, creating 
an urgent need among such producers for immediate restitution of 
amounts required to be collected by the Bureau of Customs and Border 
Protection and distributed to affected domestic producers of freshwater 
crawfish tail meat.
            (7) Under existing law, payments to affected domestic 
        producers under the Continued Dumping and Subsidy Offset Act of 
        2000 are limited to the amount of such producers' qualifying 
        expenditures, and all antidumping duties collected beyond that 
        amount are paid into the Treasury to meet the general expenses 
        of the Federal Government. Because the total amount of unpaid 
        antidumping duties on freshwater crawfish tail meat exceeds the 
        domestic industry's qualifying expenditures by more than 
        $200,000,000, full collection of all duties owed will provide a 
        net benefit to United States taxpayers.
            (8) All relief provided to the domestic crawfish industry 
        should be fully repaid to the Treasury under existing law upon 
        collection of the unpaid antidumping duties. Accordingly, the 
        relief provided by this section does not increase the burden on 
        United States taxpayers. The provisions of this section ensure 
        that the Bureau of Customs and Border Protection complies in a 
        timely fashion with its preexisting legal obligations.
            (9) Payments owed to domestic crawfish processors have been 
        further delayed because of a recent policy change by the 
        Department of Commerce which delays the issuance of liquidation 
        instructions for certain imports of freshwater crawfish tail 
        meat. Reversal of this unwarranted policy change is required in 
        order to provide prompt relief to the domestic crawfish 
        industry.
    (b)Emergency Restitution of Amounts Owed to Affected Domestic 
Producers of Freshwater Crawfish Tail Meat.--
            (1) In general.--The Secretary of the Treasury shall 
        distribute, within 30 days after receiving a request therefor, 
        a pro rata portion of the $46,187,768, to each person that was 
        determined by the Bureau of Customs and Border Protection under 
        the Continued Dumping and Subsidy Offset Act of 2000 to be an 
        affected domestic producer of freshwater crawfish tail meat 
        during fiscal year 2004.
            (2) Amount payable.--The Secretary shall distribute to each 
        person making a request under paragraph (1) an amount in the 
        same proportion as such person's share of the total 
        distribution of freshwater crawfish tail meat duties under the 
        Continued Dumping and Subsidy Offset Act of 2000 at the end of 
        fiscal year 2004, as stated in the Continued Dumping and 
        Subsidy Offset Act Annual Report for fiscal Year 2004 (CDSOA 
        FY2004 Annual Report).
            (3) Request for amount.--A person requesting an amount 
        under this section shall be required to provide only the 
        person's name, address, social security number or taxpayer 
        identification number, and a certification that--
                    (A) the person is the same person named in the 
                CDSOA FY2004 Annual Report and determined by the Bureau 
                of Customs and Border Protection to have been an 
                affected domestic producer of freshwater crawfish tail 
                meat during fiscal year 2004; and
                    (B) the total amount of any funds received by such 
                person under this section shall be excluded from the 
                amount claimed as qualifying expenditures in any 
                subsequent certification submitted for the purpose of 
                obtaining a payment under the Continued Dumping and 
                Subsidy Offset Act of 2000.
    (c) Incentive For Improved Enforcement And Collection Of The 
Antidumping Duty Order Relating to Imports of Freshwater Crawfish Tail 
Meat.--Not later than January 15 of each year, the Secretary of the 
Treasury shall review the amount of duties collected during the 
preceding fiscal year pursuant to the antidumping duty order issued on 
September 15, 1997 against imports of freshwater crawfish tail meat 
from the People's Republic of China. If the Secretary determines that 
the total amount of antidumping duties collected pursuant to that order 
is 5 percent or less of the total amount of antidumping duties owed to 
the United States on liquidations occurring during such preceding 
fiscal year on entries of merchandise subject to such order--
            (1) an amount equal to 15 percent of such duties owed but 
        uncollected during such preceding fiscal year under such order 
        shall be transferred, on or before the last day of the current 
        fiscal year, into the special account established under section 
        754(e) of the Tariff Act of 1930 with respect to such order; 
        and
            (2) the amount transferred into the special account shall 
        be treated, for purposes of section 754 of the Tariff Act of 
        1930, as duties assessed during the current fiscal year 
        pursuant to such order and shall be excluded from the 
        calculation of whether the total amount of duties collected 
        pursuant to the order is 5 percent or less of the total amount 
        of antidumping duties owed on liquidations occurring during the 
        preceding fiscal year.
    (d) Timely Issuance of Liquidation Instructions by Commerce.--In 
any antidumping duty administrative review conducted under section 751 
of the Tariff Act of 1930, the Department of Commerce, or such other 
officer of the United States acting as the administering authority 
under section 771(1) of such Act, shall, within 30 days after receiving 
a request for review from an interested party (as defined in section 
771(9) (C), (D), (E), (F), or (G) of such Act) issue instructions to 
the Bureau of Customs and Border Protection for the immediate 
liquidation and assessment of duties with respect to entries of the 
subject merchandise that were made during the period covered by the 
review from any foreign entity without regard to whether that entity 
was specifically named in the request for the administrative review.

SEC. 526. NOAA WEATHER RADIO.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Eligible individual.--The term ``eligible individual'' 
        means a low-income individual who is a resident of Louisiana.
            (3) NOAA weather radio.--The term ``NOAA Weather Radio'' 
        means the broadcasts of continuous weather information by a 
        nationwide network of radio stations provided by the National 
        Oceanic and Atmospheric Administration.
            (4) NOAA weather radio receiver.--The term ``NOAA Weather 
        Radio receiver'' means a radio receiver that is capable of 
        receiving broadcasts from NOAA Weather Radio.
    (b) Receiver Program.--The Administrator shall establish a program 
to provide a NOAA Weather Radio receiver at no cost or at a reduced 
cost to any eligible individual.
    (c) NOAA Weather Radio Expanded Coverage.--The Administrator shall 
expand the area that is able to receive radio broadcasts made by NOAA 
Weather Radio.

SEC. 527. EFFECTS OF HURRICANE KATRINA ON FISH AND WILDLIFE.

    (a) Report on Fisheries.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall prepare a report on the 
impacts of the hurricane that arrived in Louisiana on August 29, 2005, 
on--
            (1) commercial and recreational fisheries in such States;
            (2) shrimp fishing vessels in such States; and
            (3) the oyster industry in such States.
    (b) Report on Habitat.--Not later than 180 days after the date of 
enactment of this Act, the Administrator and the Secretary of the 
Interior shall jointly prepare a report on the impacts of the hurricane 
that hit Louisiana on August 29, 2005, on fish and wildlife habitat, 
including the habitat of migratory birds, shrimp, and oysters, in such 
States.
    (c) Restoration.--The Administrator and the Secretary of the 
Interior shall carry out activities to restore fish and wildlife 
habitat, including the habitat of migratory birds, shrimp, and oysters, 
in Louisiana.

SEC. 528. MINORITY BUSINESS DEVELOPMENT AGENCY.

    (a) Appropriation.--There are authorized to be appropriated, and 
are appropriated to the Secretary of Commerce, $50,000,000, for 
minority business development assistance to Hurricane Katrina victims 
for the reconstruction of records, packaging for disaster loans, 
insurance claims, and overall consultation to reestablish business in 
Louisiana. Amounts appropriated under this subsection shall remain 
available until expended.
    (b) Fees.--In the provision of assistance with funds appropriated 
by this section, the Minority Business Development Agency of the 
Department of Commerce shall waive fees and not require cost-sharing.

SEC. 529. SOUTHEAST LOUISIANA ENTREPRENEURSHIP DEVELOPMENT NETWORK.

    (a) Establishment.--There is established an entrepreneurship 
redevelopment program to be administered by the Economic Development 
Administration of the Department of Commerce to rebuild and diversify 
New Orleans, Louisiana and the 10 surrounding parishes (in this 
section, referred to as the ``region''). The program shall consist of--
            (1) an entrepreneur facility;
            (2) a seed capital fund; and
            (3) a business accelerator program.
    (b) Purposes of Program.--The program established under subsection 
(a) shall be designed to--
            (1) allow the region to create a program to recruit a high-
        level entrepreneurship base segmented by area of expertise to 
        participate in the rebirth of the region;
            (2) encourage existing small businesses to remain in the 
        region, recruit entrepreneurs and investors to the region, 
        accelerate the growth of the entrepreneurial ventures, and lead 
        business creation marketing efforts;
            (3) establish business partnerships with the national small 
        business community and attract investors in small business 
        ventures; and
            (4) provide operation costs.
    (c) Entrepreneur Facility.--The entrepreneur facility established 
pursuant to this section shall provide a physical infrastructure for 
incubation community needs.
    (c) Seed Capital Fund.--The seed capital fund established pursuant 
to this section shall be used to provide capital to young companies and 
attract venture capital.
    (d) Business Accelerator Program.--
            (1) In general.--The business accelerator program 
        established pursuant to this section shall provide a 
        professional team to assist companies with business 
        development, training and education, mentorship networks, 
        consulting services, and resources for raising capital.
            (2) Training.--Training provided under the business 
        accelerator program shall include assisting less experienced 
        entrepreneurs with business, management, and entrepreneurial 
        development skills.
            (3) Outreach.--The business accelerator program shall also 
        provide funds to attract companies and entrepreneurs to the 
        region and provide community outreach and social network 
        development opportunities.
    (e) Appropriation.--There are authorized to be appropriated and are 
appropriated to the Economic Development Administration $200,000,000 
for fiscal years 2006 through 2010 to carry out this section of which--
            (1) $78,000,000 shall be for the entrepreneur facility;
            (2) $77,000,000 shall be for the seed capital fund; and
            (3) $45,000,000 shall be for operations, including business 
        development, training and education, consultants and marketing.
Funds appropriated pursuant to this section shall remain available 
until expended.

SEC. 530. EXPORT ASSISTANCE PROGRAM.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Commerce shall develop and 
implement an export assistance grant program for businesses located in 
Louisiana.
    (b) Scope of Program.--The export assistance grant program 
established under this section shall be designed to--
            (1) provide companies located in Louisiana with export-
        related training and development assistance;
            (2) provide the companies with assistance in seeking access 
        to international markets for their products, including travel 
        and marketing assistance;
            (3) focus on international market development;
            (4) foster a special relationship between the Foreign 
        Commercial Service and the International Trade Administration, 
        companies located in Louisiana and State officials in that 
        State;
            (5) provide for the creation of a special task force of 
        Foreign Commercial Officers (FCO's) within the Foreign 
        Commercial Service to arrange market opportunities for 
        companies based in Louisiana ;
            (6) increase the development of the export-related 
        industries in Louisiana;
            (7) increase the number of firms shipping United States-
        made products to foreign markets;
            (8) attract new foreign capital for products made in 
        Louisiana; and
            (9) assist in the economic recovery of Louisiana.
    (c) Application and Eligibility for Grant.--
            (1) Applications.--Applications for a grant under this 
        section shall be made to the Secretary of Commerce at such 
        time, in such manner, and containing such information as the 
        Secretary shall reasonably require.
            (2) Eligibility.--The Secretary shall award grants under 
        this section to companies in Louisiana, giving priority to 
        applications from companies located in an area with respect to 
        which the President has declared a major disaster relating to 
        Hurricane Katrina that--
                    (A) were engaged in the active conduct of a trade 
                or business in such disaster area on August 28, 2005;
                    (B) continue to engage in, or have resumed, such 
                trade or business in such area;
                    (C) employ more than 5 employees whose principal 
                place of employment is in such area; and
                    (D) seek to develop export programs with countries 
                in South America, Central America, or the Caribbean.
            (3) Report.--The Secretary shall require each company 
        receiving a grant under this section to report on how the grant 
        was used and the amounts expended for each activity described 
        in this section.
    (d) Appropriation.--There are authorized to be appropriated and are 
appropriated to the Secretary of Commerce $35,000,000 for each of the 
fiscal years 2006, 2007, 2008, 2009, and 2010 to carry out the export 
assistance grant program established pursuant to this section. Funds 
appropriated shall remain available until expended.

                       Subtitle C--Transportation

SEC. 541. LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

    (a) Definitions.--In this section:
            (1) Department.--The term ``Department'' means the 
        Louisiana Department of Transportation and Development.
            (2) State.--The term ``State'' means the State of 
        Louisiana.
    (b) Evacuation and Energy Supply Routes.--
            (1) Establishment.--As soon as practicable after the date 
        of enactment of this Act, the Department shall establish a 
        program under which the Department shall construct, maintain, 
        and repair evacuation and energy supply routes in the State.
            (2) Inclusions.--In carrying out the program under 
        paragraph (1), the Department shall construct, maintain, and 
        repair routes on--
                    (A) Interstate Route 49 from Lafayette, Louisiana, 
                to New Orleans, Louisiana;
                    (B) Louisiana Highway 1;
                    (C) the Houma-Terrebonne Interstate Route 10 
                connector; and
                    (D) Louisiana Highway 25 through Washington Parish 
                and St. Tammany Parish, Louisiana.
            (3) Appropriation.--There are authorized to be appropriated 
        and are appropriated to carry out this subsection 
        $7,000,000,000, to remain available until expended.
    (c) Road and Transit Capacity Expansion.--
            (1) Establishment.--As soon as practicable after the date 
        of enactment of this Act, the Department shall establish a 
        program under which the Department shall provide grants to 
        local governments in the State that experience significant 
        population growth, as determined by the Department, to expand 
        road and transit capacity in the community.
            (2) Appropriation.--There are authorized to be appropriated 
        and are appropriated to carry out this subsection 
        $5,000,000,000, to remain available until expended.
    (d) Port of New Orleans Restoration, Protection, and Improvement.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Department shall provide a grant to 
        the operator of the Port of New Orleans, Louisiana, to carry 
        out activities to restore, protect, and improve the 
        infrastructure of the Port of New Orleans, including activities 
        relating to--
                    (A) jetties;
                    (B) bank stabilization;
                    (C) channel clearing;
                    (D) dredging and deepening; and
                    (E) strengthening and expanding the facility and 
                related equipment.
            (2) Appropriation.--There is authorized to be appropriated 
        and are appropriated to carry out this subsection 
        $1,000,000,000, to remain available until expended.
    (e) Other Port Infrastructure Restoration, Protection, and 
Improvement.--
            (1) Establishment.--As soon as practicable after the date 
        of enactment of this Act, the Department shall establish a 
        program under which the Department shall provide grants to 
        operators of ports in the State, other than the Port of New 
        Orleans, that are affected by Hurricane Katrina or a related 
        condition to restore, protect, and improve the infrastructure 
        of the ports, including by carrying out activities relating 
        to--
                    (A) jetties;
                    (B) bank stabilization;
                    (C) channel clearing;
                    (D) breakwaters;
                    (E) dredging and deepening; and
                    (F) strengthening and expanding the facility and 
                related equipment.
            (2) Appropriation.--There is authorized to be appropriated 
        and are appropriated to carry out this subsection 
        $1,000,000,000, to remain available until expended.
    (f) Administrative Provisions.--
            (1) Administrative expenses.--None of the funds made 
        available under this section shall be used for administrative 
        expenses of an activity carried out under this subtitle.
            (2) Federal share.--Notwithstanding any other provision of 
        law, the Federal share of the cost of an activity under this 
        section shall be 100 percent.

SEC. 542. FEDERAL AVIATION ADMINISTRATION.

    There is authorized to be appropriated to the Federal Aviation 
Administration $71,800,000 for reimbursements to the Louis Armstrong 
New Orleans International Airport for anticipated revenue shortfalls 
due to Hurricane Katrina, which shall remain available to be expended 
through September 30, 2007.

SEC. 543. FEDERAL HIGHWAY ADMINISTRATION.

    (a) Emergency Relief Program Modifications.--
            (1) Maximum amount.--Notwithstanding section 125(c)(1) of 
        title 23, United States Code, or any other provision of law, 
        the Secretary of Transportation may obligate more than 
        $100,000,000 in a State for a fiscal year under the emergency 
        relief program authorized by section 125 of such title, for 
        projects for the repair or reconstruction of highways, roads, 
        and trails in response to damage caused by Hurricane Katrina.
            (2) Federal share.--Notwithstanding section 120(e) of such 
        title or any other provision of law, during the 3-year period 
        beginning on the date of enactment of this Act, the Federal 
        share of the cost of each project described in paragraph (1) 
        shall be 100 percent.
            (3) Appropriation.--In addition to amounts otherwise 
        available, there is appropriated, out of any funds in the 
        Treasury not otherwise appropriated, for the emergency relief 
        program authorized under section 125 of such title, 
        $2,900,000,000, to remain available until expended.
            (4) Twin-span interstate 10 bridge.--Notwithstanding any 
        other provision of law, of the amounts made available for the 
        Emergency Relief Program under section 125 of title 23, United 
        States Code, such sums as may be necessary shall be available 
        for the replacement, to current standards, of the twin-span 
        Interstate 10 bridge spanning Lake Pontchartrain between New 
        Orleans, Louisiana, and Slidell, Louisiana: Provided, That the 
        replacement structure shall be constructed to accomodate the 
        20-year projected Average Daily Traffic, but shall not be less 
        than 6 lanes wide, plus full shoulders, in accordance with the 
        applicable design standards of the American Association of 
        State Highway and Transportation Officials: Provided further, 
        That the height of the structure shall be increased if 
        necessary to satisfy current hydraulic standards and 
        navigational needs.
    (c) Louisiana Development Districts.--
            (1) Definition of affected district.--In this subsection, 
        the term ``affected district'' means--
                    (A) the Regional Planning Commission;
                    (B) the Capital Region Planning Commission;
                    (C) the Acadiana Regional Development District;
                    (D) the Imperial Calcasieu Regional Planning and 
                Development District; and
                    (E) the South Central Planning and Development 
                District.
            (2) Comprehensive development plans.--As soon as 
        practicable after the date of enactment of this Act, the head 
        of each affected district shall establish and implement a 
        comprehensive development plan for the jurisdiction of the 
        affected district in response to Hurricane Katrina and related 
        conditions.
            (3) Appropriation.--There is authorized to be appropriated 
        and is appropriated to the affected districts to carry out this 
        subsection $20,000,000, to remain available until expended.
    (d) Funding Designation.--The amounts made available under this 
section are designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress).

SEC. 544. FEDERAL RAILROAD ADMINISTRATION.

    There is authorized to be appropriated to the Federal Railroad 
Administration $36,000,000 for reimbursements to the New Orleans Public 
Belt Railroad for anticipated revenue shortfalls due to Hurricane 
Katrina, which shall remain available through September 30, 2007.

SEC. 545. FEDERAL TRANSIT ADMINISTRATION.

    There is authorized to be appropriated to the New Orleans Regional 
Transit Authority for revenues lost as a consequence of Hurricane 
Katrina, $190,000,000, to remain available until September 30, 2007.

SEC. 546. MARITIME ADMINISTRATION.

    (a) Appropriation of Funds.--There is authorized to be 
appropriated, as authorized by the title XI of the Merchant Marine Act, 
1936 (46 U.S.C. App. 1271 et seq.), $150,000,000, for the cost of 
guaranteed loans for the construction, reconstruction, or 
reconditioning of vessels at a facility in an area impacted by 
Hurricane Katrina. Such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974 (2 U.S.C. 661a).
    (b) Risk Factor of Loans.--The risk factor of a loan guaranteed by 
amounts appropriated in subsection (a) shall be deemed to be 5 percent
    (c) Waiver of Review.--An application for a loan guarantee under 
title XI of the Merchant Marine Act, 1936 shall not be subject to the 
review process of the Department of Transportation Credit Council.

SEC. 547. CAPITAL CONSTRUCTION FUND.

    The Secretary of Transportation shall expedite and streamline the 
procedures for the withdrawal of funds from the Capital Construction 
Fund (CCF) and expand the qualified uses of such funds to include 
operating expenses and repair of a vessel or purchase of a new vessel.

              Subtitle D--AmeriCorps Disaster Relief Corps

SEC. 551. SHORT TITLE.

    This subtitle may be cited as the ``AmeriCorps Disaster Relief 
Corps Act of 2005''.

SEC. 552. DEFINITIONS.

    In this subtitle:
            (1) Approved national service position; national service 
        laws.--The terms ``approved national service position'' and 
        ``national service laws'' have the meanings given the terms in 
        section 101 of the National and Community Service of 1990 (42 
        U.S.C. 12511).
            (2) Emergency; major disaster.--The terms ``emergency'' and 
        ``major disaster'' have the meanings given such terms in 
        paragraphs (1) and (2) of section 102 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(1) 
        and (2)).

SEC. 553. AUTHORITY.

    The Corporation for National and Community Service (referred to in 
this subtitle as the ``Corporation'') shall administer the activities 
authorized under this subtitle.

SEC. 554. ESTABLISHMENT OF SPECIAL AMERICORPS DISASTER RELIEF CORPS.

    (a) Establishment.--There is established an AmeriCorps Disaster 
Relief Corps to carry out, through an AmeriCorps Disaster Relief Corps 
national service program administered by the Corporation, full- or 
part-time service projects that provide food, clothing, shelter, and 
other humanitarian assistance for victims of major disasters and 
emergencies, projects involving cleaning, repair, and reconstruction of 
structures, facilities, and lands located within a disaster area 
resulting from a major disaster or emergency, and other projects 
arising from the consequences of major disasters and emergencies.
    (b) Recruitment of Participants and Eligibility.--
            (1) Recruitment.--The Corporation shall endeavor to recruit 
        up to 10,000 eligible participants for the national service 
        program established under subsection (a) (in addition to 
        participants eligible for participation in a national service 
        program under the national service laws).
            (2) Eligibility.--
                    (A) Comparable program.--In this paragraph, the 
                term ``comparable program'' means--
                            (i) the program under subtitle C of title I 
                        of National and Community Service Act of 1990 
                        (42 U.S.C. 12571 et seq.);
                            (ii) the program under subtitle E of title 
                        I of the National and Community Service Act of 
                        1990 (42 U.S.C. 12611 et seq.); and
                            (iii) the program under title I of the 
                        Domestic Volunteer Service Act of 1973 (42 
                        U.S.C. 4951 et seq.).
                    (B) Eligibility.--Eligibility to participate in the 
                national service program established under subsection 
                (a) shall be on the same basis as for participation in 
                an approved national service position in any comparable 
                program.
                    (C) Relationship to benefits.--An individual 
                selected as a participant in the national service 
                program who is eligible for participation in an 
                approved national service position in a comparable 
                program shall be eligible for living allowances, 
                educational awards, and other support authorized for 
                participants in approved national service positions in 
                that comparable program.
    (c) Projects.--Participants in the national service program 
established under subsection (a) may serve on projects that--
            (1) help those affected by a major disaster or emergency 
        assess their needs;
            (2) assist in the construction of temporary housing for the 
        displaced victims of a major disaster or emergency;
            (3) provide relocation services for victims of a major 
        disaster or emergency, including providing food, water and 
        clothing distribution and housing location services;
            (4) conduct outreach to local businesses, building owners, 
        and others with applications for disaster relief and for other 
        assistance to be provided by Federal or State government;
            (5) provide employment services for victims, such as 
        identifying job training, job placement, and other 
        opportunities;
            (6) conduct environmental surveys, monitoring water quality 
        and determining the environmental impact on the affected 
        region;
            (7) provide teaching and administrative support functions 
        for school systems where displaced children have enrolled;
            (8) work with schools to identify and mentor students 
        coping with the impact of a major disaster or emergency;
            (9) work with public officials to prepare them for future 
        major disasters or emergencies; and
            (10) otherwise assist with the rebuilding of the affected 
        region.

SEC. 555. GRANTS TO STATES, CITIES, ORGANIZATIONS; COOPERATION WITH 
              FEDERAL AGENCIES.

    The Corporation may use funds authorized under this subtitle, in 
supporting projects or activities consistent with those specified in 
section 554(c), to--
            (1) make grants to, or enter into agreements with States, 
        subdivisions of States, or other organizations to support 
        AmeriCorps projects under section 121 of the National and 
        Community Service Act (42 U.S.C. 12571);
            (2) support the National Civilian Community Corps 
        authorized under subtitle E of title I of the National and 
        Community Service Act (42 U.S.C. 12611 et seq.);
            (3) support the VISTA program under title I of the Domestic 
        Volunteer Service Act (42 U.S.C. 4951 et seq.); and
            (4) enter into a contract or cooperative or other agreement 
        with another Federal agency.

SEC. 556. TRANSFER OF FUNDS TO THE NATIONAL SERVICE TRUST.

    The Corporation shall transfer funds appropriated under this 
subtitle to the National Service Trust established in section 145 of 
the National and Community Service Act (42 U.S.C. 12601) as required 
under the Strengthen AmeriCorps Program Act (42 U.S.C. 12605) to 
provide educational awards and related assistance authorized under 
subtitle D of title I of the National and Community Service Act (42 
U.S.C. 12601 et seq.). Subsections (b)(1) and (c)(2) of section 2 of 
the Strengthen AmeriCorps Program Act (42 U.S.C. 12605) shall apply to 
positions approved under this subtitle and educational awards 
associated with such positions in the same manner as the such 
subsections apply to positions approved as approved national service 
positions for programs carried out under subtitle E of title I of the 
National and Community Service Act of 1990 (42 U.S.C. 12611 et seq.) or 
title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 
et seq.), and national service educational awards associated with such 
positions.

SEC. 557. AUTHORITY FOR THIRD-TERM BENEFITS AND EDUCATIONAL AWARD.

    Notwithstanding any other provision of law, a participant serving 
in the national service program established under section 554(a) may 
serve a third term of service in an approved national service position 
and may receive living allowances, educational awards, and other 
support authorized for participants in approved national service 
positions under the national service laws on the same basis as an 
individual serving in a first or second term of service in an approved 
national service position. For purposes of this section, a participant 
serving in the national service program established under section 
554(a) shall be considered to be serving in an approved national 
service position.

SEC. 558. ADMINISTRATIVE EXPENSES.

    The Corporation may use not more than 2 percent of funds authorized 
under section 562 for the administration of this subtitle.

SEC. 559. ACCEPTANCE OF DONATED SERVICES.

    Section 196(a)(2)(A) of the National and Community Service Act (42 
U.S.C. 12651g(a)(2)(A)) is amended by striking ``money or property'' 
and inserting ``money, services, or property''.

SEC. 560. GRANTS NOT SUBJECT TO ANNUAL APPROPRIATIONS LIMITATIONS.

    Notwithstanding any other provision of law, funds provided under 
this subtitle to administer, reimburse, or support any national service 
program authorized under the national service laws shall not be 
considered in applying any limitation on funding for such programs in 
annual appropriations acts.

SEC. 561. AUTHORITY TO SUPPORT PROGRAMS OPERATED BY FEDERAL AGENCIES.

    Notwithstanding any other provision of law, the Corporation may use 
funds authorized under this subtitle to enter into a contract or 
cooperative agreement with another Federal agency to support a national 
service program carried out by that agency consistent with section 
121(b) of the National and Community Service Act of 1990 (42 U.S.C. 
12571(b)).

SEC. 562. APPROPRIATION.

    There is authorized to be appropriated and is appropriated to the 
Corporation $75,000,000 for each of fiscal years 2006 and 2007 to carry 
out this subtitle.

      TITLE VI--HURRICANE PROTECTION AND ENVIRONMENTAL RESTORATION

                    Subtitle A--Hurricane Protection

      CHAPTER 1--DOMESTIC OFFSHORE ENERGY REINVESTMENT ACT OF 2005

SEC. 601. SHORT TITLE.

    This chapter may be cited as the ``Domestic Offshore Energy 
Reinvestment Act of 2005''.

SEC. 602. OUTER CONTINENTAL SHELF.

    (a) Definitions.--In this section:
            (1) Coastal political subdivision.--The term ``coastal 
        political subdivision'' means a political subdivision of a 
        coastal State any part of which political subdivision is within 
        the coastal zone (as defined in section 304 of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453)) of the coastal State 
        as of the date of enactment of this section and not more than 
        200 nautical miles from the geographic center of any leased 
        tract.
            (2) Coastal state.--The term ``coastal State'' has the 
        meaning given the term in section 304(4) of the Coastal Zone 
        Management Act (16 U.S.C. 1453(4)), except that it shall 
        exclude any such State among the contiguous 48 States, a 
        majority of the coastline of which was subject to leasing 
        moratoria on January 1, 2005.
            (3) Leased tract.--The term ``leased tract'' means a tract 
        maintained under section 6 of the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1335) or leased under section 8 of that Act (43 
        U.S.C. 1337).
    (b) Payments to Adjacent Coastal States.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary of the Treasury shall, subject to subsection 
        (c), make a payment in December of 2005 and each December 
        thereafter in an amount equivalent to 50 per cent of all the 
        amounts received by the United Sates from each leased tract or 
        portion of a leased tract lying seaward of the zone defined and 
        governed by section 8(g) of the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1337(g)) (or lying within that zone but to which 
        section 8(g) does not apply), including fees, bonus bids, 
        rents, royalties (including payments from royalties taken in-
        kind and sold), net profit share payments, and related interest 
        from the immediately preceding fiscal year to each adjacent 
        coastal State.
    (2) Adjacent coastal state.--For purposes of this subsection, a 
State shall be considered to be an adjacent coastal State if the 
nearest point on the coastline of the State is within 200 nautical 
miles of a leased tract.
    (3) Multiple states.--In a case in which more than 1 State is 
located within 200 nautical miles of any portion of a leased tract, the 
amount allocated to each State (within 200 nautical miles of the leased 
tract) shall be based upon a formula that allocates revenues inversely 
proportional to the distance between the nearest point on the coastline 
of the State and the geographic center of the leased tract.
    (c) Allocation of Funds.--35 per cent of the allocable share of 
each State receiving funds under subsection (b) shall be allocated 
among and paid directly to the coastal political subdivisions in that 
State by the Secretary of the Treasury based upon the following 
formula:
            (1) 50 per cent shall be allocated based on a formula that 
        allocates the funds based on the relative distance of the 
        coastal political subdivision for any leased tract used to 
        calculate the allocation to that State.
            (2) 25 per cent shall be allocated based on the ratio 
        that--
                    (A) the length, in miles, of the coastline of each 
                coastal political subdivision; bears to
                    (B) the length, in miles, of the coastline of all 
                coastal political subdivisions of the State.
            (3) 25 percent shall be allocated based on the proportion 
        that--
                    (A) the coastal population of the coastal political 
                subdivision; bears to
                    (B) the coastal population of all coastal political 
                subdivisions of the State.
    (d) Use of Funds.--A coastal State, and a coastal political 
subdivision, shall use any amount paid under this section (including 
any amounts deposited into a trust fund administered by the State or 
coastal political subdivision consistent with this subsection), only 
for 1 or more of the following purposes:
            (1) For the conservation, protection, or restoration of 
        coastal areas including wetlands.
            (2) To mitigate damage to natural resources and for the 
        protection of fish and wildlife in the coastal zone.
            (3) To mitigate the impact of outer Continental Shelf 
        activity by providing onshore infrastructure or public service.
            (4) Hurricane protection.
            (5) Storm damage mitigation and flood control.
            (6) Marine and coastal subsidence.
            (7) Coastal and riverine erosion.
            (8) Coastal and wetlands conservation and management.
            (9) Protection of resources from natural disasters.
            (10) Research, development, testing, and evaluation of 
        coastal restoration (including ecosystems) techniques and 
        technology.
            (11) Securing critical outer Continental Shelf energy 
        infrastructure.
    (e) Use for Certain Payments.--Subject to subsection (d), a coastal 
State or coastal political subdivision may use funds provided to that 
State or coastal political subdivision under this section for any 
payment that is eligible to be made with funds provided to States under 
section 35 of the Mineral Leasing Act (30 U.S.C. 191).

                CHAPTER 2--OFFSHORE FAIRNESS ACT OF 2005

SEC. 611. SHORT TITLE.

    This chapter may be cited as the ``Offshore Fairness Act of 2005''.

SEC. 612. PURPOSES.

    The purposes of this chapter are--
            (1) to provide equity to Louisiana with respect to the 
        seaward boundaries of the States in the Gulf of Mexico by 
        extending the seaward boundaries from 3 geographical miles to 3 
        marine leagues if the State meets certain conditions not later 
        than 5 years after the date of enactment of this Act;
            (2) to convey to Louisiana the interest of the United 
        States in the submerged land of the outer Continental Shelf 
        that is located in the extended seaward boundaries of the 
        States;
            (3) to provide that any mineral leases, easements, rights-
        of-use, and rights-of-way issued by the Secretary of the 
        Interior with respect to the submerged land to be conveyed 
        shall remain in full force and effect; and
            (4) in conveying the submerged land, to ensure that the 
        rights of lessees, operators, and holders of easements, rights-
        of-use, and rights-of-way on the submerged land are protected.

SEC. 613. SEAWARD BOUNDARY EXTENSION.

    (a) In General.--Title II of the Submerged Lands Act (43 U.S.C. 
1311 et seq.) is amended--
            (1) by redesignating section 11 as section 12; and
            (2) by inserting after section 10 the following:

``SEC. 11. EXTENSION OF SEAWARD BOUNDARIES OF THE STATE OF LOUISIANA.

    ``(a) Definitions.--In this section:
            ``(1) Existing interest.--The term `existing interest' 
        means any lease, easement, right-of-use, or right-of-way on, or 
        for any natural resource or minerals underlying, the expanded 
        submerged land that is in existence on the date of the 
        conveyance of the expanded submerged land to the State under 
        subsection (b)(1).
            ``(2) Expanded seaward boundary.--The term `expanded 
        seaward boundary' means the seaward boundary of the State that 
        is 3 marine leagues seaward of the coast line of the State as 
        of the day before the date of enactment of this section.
            ``(3) Expanded submerged land.--The term `expanded 
        submerged land' means the area of the outer Continental Shelf 
        that is located between 3 geographical miles and 3 marine 
        leagues seaward of the coast line of the State as of the day 
        before the date of enactment of this section.
            ``(4) Interest owner.--The term `interest owner' means any 
        person that owns or holds an existing interest in the expanded 
        submerged land or portion of an existing interest in the 
        expanded submerged land.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(6) State.--The term `State' means State of Louisiana.
    ``(b) Conveyance of Expanded Submerged Land.--
            ``(1) In general.--If a State demonstrates to the 
        satisfaction of the Secretary that the conditions described in 
        paragraph (2) will be met, the Secretary shall, subject to 
        valid existing rights and subsection (c), convey to the State 
        the interest of the United States in the expanded submerged 
        land of the State.
            ``(2) Conditions.--A conveyance under paragraph (1) shall 
        be subject to the condition that--
                    ``(A) on conveyance of the interest of the United 
                States in the expanded submerged land to the State 
                under paragraph (1)--
                            ``(i) the Governor of the State (or a 
                        delegate of the Governor) shall exercise the 
                        powers and duties of the Secretary under the 
                        terms of any existing interest, subject to the 
                        requirement that the State and the officers of 
                        the State may not exercise the powers to impose 
                        any burden or requirement on any interest owner 
                        that is more onerous or strict than the burdens 
                        or requirements imposed under applicable 
                        Federal law (including regulations) on owners 
                        or holders of the same type of lease, easement, 
                        right-of-use, or right-of-way on the outer 
                        Continental Shelf seaward of the expanded 
                        submerged land; and
                            ``(ii) the State shall not impose any 
                        administrative or judicial penalty or sanction 
                        on any interest owner that is more severe than 
                        the penalty or sanction under Federal law 
                        (including regulations) applicable to owners or 
                        holders of leases, easements, rights-of-use, or 
                        rights-of-way on the outer Continental Shelf 
                        seaward of the expanded submerged lands for the 
                        same act, omission, or violation;
                    ``(B) not later than 5 years after the date of 
                enactment of this section--
                            ``(i) the State shall enact laws or 
                        promulgate regulations with respect to the 
                        environmental protection, safety, and 
                        operations of any platform pipeline in 
                        existence on the date of conveyance to the 
                        State under paragraph (1) that is affixed to or 
                        above the expanded submerged land that impose 
                        the same requirements as Federal law (including 
                        regulations) applicable to a platform pipeline 
                        on the outer Continental Shelf seaward of the 
                        expanded submerged land; and
                            ``(ii) the State shall enact laws or 
                        promulgate regulations for determining the 
                        value of oil, gas, or other mineral production 
                        from existing interests for royalty purposes 
                        that establish the same requirements as the 
                        requirements under Federal law (including 
                        regulations) applicable to Federal leases for 
                        the same minerals on the outer Continental 
                        Shelf seaward of the expanded submerged land; 
                        and
                    ``(C) the State laws and regulations enacted or 
                promulgated under subparagraph (B) shall provide that 
                if Federal law (including regulations) applicable to 
                leases, easements, rights-of-use, or rights-of-way on 
                the outer Continental Shelf seaward of the expanded 
                submerged land are modified after the date on which the 
                State laws and regulations are enacted or promulgated, 
                the State laws and regulations applicable to existing 
                interests will be modified to reflect the change in 
                Federal laws (including regulations).
    ``(c) Exceptions.--
            ``(1) Mineral lease or unit divided.--
                    ``(A) In general.--If any existing Federal oil and 
                gas or other mineral lease or unit would be divided by 
                the expanded seaward boundary of a State, the interest 
                of the United States in the leased minerals underlying 
                the portion of the lease or unit that lies within the 
                expanded submerged boundary shall not be considered to 
                be conveyed to the State until the date on which the 
                lease or unit expires or is relinquished by the United 
                States.
                    ``(B) Applicability for other purposes.--
                Notwithstanding subparagraph (A), the expanded seaward 
                boundary of a State shall be the seaward boundary of 
                the State for all other purposes, including the 
                distribution of revenues under section 8(g)(2) of the 
                Outer Continental Shelf Lands Act (43 U.S.C. 
                1337(g)(2)).
            ``(2) Laws and regulations not sufficient.--If the 
        Secretary determines that any law or regulation enacted or 
        promulgated by a State under subparagraph (B) of subsection 
        (b)(2) does not meet the requirements of that subparagraph, the 
        Secretary shall not convey the expanded submerged land to the 
        State.
    ``(d) Interest Issued or Granted by the State.--This section does 
not apply to any interest in the expanded submerged land that a State 
issues or grants after the date of conveyance of the expanded submerged 
land to the State under subsection (b)(1).
    ``(e) Liability.--
            ``(1) In general.--By accepting conveyance of the expanded 
        submerged land, the State agrees to indemnify the United States 
        for any liability to any interest owner for the taking of any 
        property interest or breach of contract from--
                    ``(A) the conveyance of the expanded submerged land 
                to the State; or
                    ``(B) the State's administration of any existing 
                interest under subsection (b)(2)(A)(i).
            ``(2) Deduction from oil and gas leasing revenues.--The 
        Secretary may deduct from the amounts otherwise payable to the 
        State under section 8(g)(2) of the Outer Continental Shelf 
        Lands Act (43 U.S.C. 1337(g)(2)) the amount of any final 
        nonappealable judgment for a taking or breach of contract 
        described in paragraph (1).''.
    (b) Conforming Amendment.--Section 2(b) of the Submerged Lands Act 
(43 U.S.C. 1301(b)) is amended by striking ``section 4 hereof'' and 
inserting `` 4 or 11''.

     Subtitle B--Environmental Protection and Wetlands Restoration

                 CHAPTER 1--LOUISIANA RESTORATION STAMP

SEC. 621. SHORT TITLE.

    This chapter may be cited as the ``Louisiana Restoration Stamp Act 
of 2005''.

SEC. 622. RESTORATION PROGRAM.

    (a) Establishment of Fund.--As soon as practicable after the date 
of enactment of this Act, the Secretary of the Treasury shall establish 
a fund, to be known as the ``Louisiana Restoration Stamp Fund'', for 
use in accordance with this section.
    (b) Louisiana Restoration Stamp.--
            (1) Design and production.--As soon as practicable after 
        the date of enactment of this Act, the Postmaster General, in 
        coordination with the Secretary of the Interior (referred to in 
        this section as the ``Secretary'') shall design and produce a 
        stamp, to be known as the ``Louisiana Restoration Stamp''.
            (2) Distribution.--The Postmaster General shall offer for 
        sale the Louisiana Restoration Stamp at an appropriate price, 
        as determined by the Postmaster General, at--
                    (A) each first-class post office and second-class 
                post office; and
                    (B) any other facility or location, as the 
                Postmaster General or the Secretary determines to be 
                appropriate.
            (3) Deposit of proceeds.--The Postmaster General shall 
        deposit the proceeds of any sale under paragraph (2) into the 
        Louisiana Restoration Stamp Fund.
    (c) Use of Funds.--
            (1) Distribution.--Not later than October 1, 2006, and 
        annually thereafter, the Secretary of the Treasury shall 
        distribute to the Secretary amounts in the Louisiana 
        Restoration Stamp Fund, for use in accordance with paragraph 
        (2).
            (2) Restoration activities.--The Secretary shall use 
        amounts received under paragraph (1) to carry out restoration 
        activities in the State of Louisiana in areas affected by 
        Hurricane Katrina or a related condition, including--
                    (A) the acquisition of wetland habitat; and
                    (B) coastal restoration activities.

            CHAPTER 2--LAKE PONTCHARTRAIN BASIN RESTORATION

SEC. 631. REDESIGNATION AND EXTENSION OF PROGRAM AUTHORIZATION.

    Title I of the Federal Water Pollution Control Act is amended--
            (1) in subsection (f) of the first section 121 (33 U.S.C. 
        1273(f)), by striking paragraph (1) and inserting the 
        following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section, to remain available until expended--
                    ``(A) $20,000,000 for each of fiscal years 2001 
                through 2005; and
                    ``(B) $100,000,000 for each of fiscal years 2006 
                through 2015.''; and
            (2) by redesignating the second section 121 (33 U.S.C. 
        1274) as section 122.

                           CHAPTER 3--FUNDING

SEC. 641. ENVIRONMENTAL PROTECTION AGENCY.

    (a) In General.--Notwithstanding any other provision of law, out of 
any funds in the Treasury not otherwise appropriated, the Secretary of 
the Treasury shall transfer to the Administrator of the Environmental 
Protection Agency to repair damage caused by Hurricane Katrina or a 
related condition in the State of Louisiana, to remain available until 
expended--
            (1) $10,000,000 for science and technology, including 
        research and development activities, regardless of the 
        eligibility of any activity for assistance under the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.);
            (2) $1,000,000,000 for environmental programs and 
        infrastructure assistance, including capitalization grants for 
        State revolving funds and performance partnership grants, 
        regardless of the eligibility of any activity for assistance 
        under the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.);
            (3) $500,000,000 to make grants to State and local 
        governments for temporary emergency measures conducted in 
        response to the release or threatened release of a hazardous 
        substance as a result of Hurricane Katrina or a related 
        condition;
            (4) $750,000,000 to make technical assistance grants to 
        carry out water, drinking water, and air sampling, regardless 
        of the eligibility of any activity for assistance under the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.);
            (5) $750,000,000 for activities relating to the 
        reoccupation of residences and commercial buildings, including 
        cleanup of mold and mildew; and
            (6) $35,000,000 for activities relating to emergency 
        situations under section 1442(b) of the Safe Drinking Water Act 
        (42 U.S.C. 300j-1(b)).
    (b) Receipt and Acceptance.--The Administrator shall be entitled to 
receive, shall accept, and shall use to carry out this section the 
funds transferred under subsection (a), without further appropriation.

SEC. 642. LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY.

    (a) In General.--Notwithstanding any other provision of law, out of 
any funds in the Treasury not otherwise appropriated, the Secretary of 
the Treasury shall transfer to the Administrator of the Environmental 
Protection Agency, to make a direct, lump-sum payment to the Director 
of the Louisiana Department of Environmental Quality for activities in 
areas affected by Hurricane Katrina or a related condition in the State 
of Louisiana, to remain available until expended--
            (1) $1,000,000,000 for the removal of waste from 
        construction and demolition activities, vegetation, debris, 
        vehicles, tires, and boats;
            (2) $2,000,000,000 for the removal of hazardous wastes and 
        assessment and disposal of hazardous waste;
            (3) $3,000,000,000 for the restoration of wastewater 
        treatment infrastructure systems;
            (4) $1,000,000 for repair, reconstruction, and improvement 
        of drinking water systems; and
            (5) $100,000,000 for assessment and disposal of underground 
        storage tanks.
    (b) Receipt and Acceptance.--The Administrator shall be entitled to 
receive, shall accept, and shall use to carry out this section the 
funds transferred under subsection (a), without further appropriation.

                  CHAPTER 4--ENVIRONMENTAL REGULATIONS

SEC. 651. NOTICE TO CONGRESS OF PRESIDENTIAL WAIVERS.

    (a) Definition of Appropriate Committees of Congress.--In this 
section, the term ``appropriate committees of Congress'' includes any 
committee of Congress the jurisdiction of which is affected by a waiver 
or modification provided under section 502.
    (b) Initial Notice.--Not later than 14 days after the date of 
enactment of this Act, the President shall submit to the appropriate 
committees of Congress an initial notice of any waiver or modification 
provided under section 502 during the period beginning on August 26, 
2005, and ending on the date on which the notice is submitted, 
including a justification of the waiver or modification.
    (c) Subsequent Notifications.--Not later than 14 days after the 
date on which the President submits the initial notice under subsection 
(b), and every 14 days thereafter, the President shall submit to the 
appropriate committees of Congress a notice of any waiver or 
modification provided by the President under section 502 during the 
preceding 14 days, including a justification of the waiver or 
modification.

SEC. 652. AUTHORITY TO FACILITATE RECONSTRUCTION.

    (a) In General.--Notwithstanding any other provision of law, in any 
area in which a major disaster relating to Hurricane Katrina was 
declared by the President on August 27, 2005, in accordance with 
section 401 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170)--
            (1) no expiration of the authority of the Administrator of 
        the Environmental Protection Agency to conduct any response 
        action or remediation in accordance with the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.) shall apply; and
            (2) section 502 shall apply to--
                    (A) the authority of the Administrator of the 
                Environmental Protection Agency and the Secretary of 
                Agriculture, and requirements, under the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.) and the 
                Federal Insecticide, Fungicide, and Rodenticide Act (7 
                U.S.C. 136 et seq.), respectively, as that authority or 
                those requirements relate to the application of 
                pesticides in such an area to control the mosquito 
                population and reduce the spread of vector-borne 
                illnesses; and
                    (B) the authority of the Secretary of Agriculture 
                and the Secretary of the Interior under laws 
                administered by each of those Secretaries relating to 
                timber production in such an area to--
                            (i) expedite the process of salvaging 
                        timber in the area; and
                            (ii) ensure a secure timber supply for the 
                        pulp and paper industry.
    (b) Statements and Analyses.--Notwithstanding any other provision 
of law, no requirement for the completion of a statement or analysis 
under any law (including a regulation) administered by the Council on 
Environmental Quality shall apply to any project or activity relating 
to the recovery, reconstruction, or repair in any area described in 
subsection (a) in response to a major disaster described in that 
subsection.
    (c) Zoning Regulations and Property Rights.--Notwithstanding any 
other provision of law, no provision of Federal, State, or local law 
(including a zoning regulation or other regulation) modified or applied 
with respect to a major disaster described in subsection (a) shall 
negate or otherwise affect the private property ownership rights of any 
individual or entity that, on or after August 29, 2005, owns property 
in an area described in subsection (a).

                 CHAPTER 5--HISTORIC PRESERVATION FUND

SEC. 661. HISTORIC PRESERVATION FUND.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means 
        any entity in a State affected by the declaration of a major 
        disaster in accordance with section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170).
            (2) Fund.--The term ``Fund'' means the Historic 
        Preservation Fund.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Conservation Project Grants.--
            (1) Grants.--The Secretary shall provide grants from 
        amounts in the Fund to eligible entities in areas affected by 
        Hurricane Katrina or a related condition, as determined by the 
        Secretary, to carry out conservation projects.
            (2) Use of funds.--An eligible entity that receives a grant 
        under this subsection shall use funds for conservation projects 
        relating to--
                    (A) nationally significant intellectual and 
                cultural artifacts, including collections, documents, 
                sculpture, and works of art; and
                    (B) nationally significant historic structures and 
                sites, including historic districts, buildings, and 
                objects.
            (3) Administration.--
                    (A) In general.--Grants provided under this 
                subsection shall be administered by the Secretary, in 
                collaboration with the Louisiana State Historic 
                Preservation Office and the National Center of 
                Preservation Technology and Training at Natchitoches, 
                Louisiana.
                    (B) Federal share.--The Federal share of the cost 
                of a project under this subsection shall be not less 
                than 75 percent.
                    (C) Non-federal share.--The non-Federal share of 
                the cost of a project under this subsection--
                            (i) shall be not more than 25 percent; and
                            (ii) may be provided in cash or in kind.
                    (D) Limitations.--
                            (i) Period of availability.--A grant under 
                        this subsection shall remain available for not 
                        longer than 3 years after the date on which the 
                        grant is provided.
                            (ii) Other limitations.--The Secretary may 
                        establish such other limitations with respect 
                        to a grant under this subsection as the 
                        Secretary determines to be appropriate.
            (4) Appropriations.--
                    (A) In general.--Notwithstanding any other 
                provision of law, out of any funds in the Treasury not 
                otherwise appropriated, the Secretary of the Treasury 
                shall transfer to the Secretary to carry out this 
                subsection $150,000,000, to remain available until 
                expended.
                    (B) Receipt and acceptance.--The Secretary shall be 
                entitled to receive, shall accept, and shall use to 
                carry out this section the funds transferred under 
                subparagraph (A), without further appropriation.
    (c) Preservation Projects.--
            (1) In general.--The Secretary shall provide grants from 
        amounts in the Fund to eligible entities in areas affected by 
        Hurricane Katrina or a related condition, as determined by the 
        Secretary, to carry out preservation projects.
            (2) Use of funds.--An eligible entity that receives a grant 
        under this subsection shall use funds for preservation 
        projects--
                    (A) relating to the mitigation, stabilization, 
                rehabilitation, and restoration of--
                            (i) national historic landmarks affected by 
                        Hurricane Katrina or a related condition, as 
                        determined by the Secretary; and
                            (ii) other nationally significant cultural 
                        properties affected by Hurricane Katrina or a 
                        related condition, as determined by the 
                        Secretary; or
                    (B) to provide conservation treatment to nationally 
                significant collections.
            (3) Administration.--
                    (A) In general.--Grants provided under this 
                subsection shall be administered by the Secretary, 
                acting through the Director of the National Center for 
                Preservation Technology and Training of the National 
                Park Service, in accordance with the Standards for the 
                Treatment of Historic Properties of the Department of 
                the Interior.
                    (B) Federal share.--The Federal share of the cost 
                of a project under this subsection shall be 100 
                percent.
            (4) Appropriations.--
                    (A) In general.--Notwithstanding any other 
                provision of law, out of any funds in the Treasury not 
                otherwise appropriated, the Secretary of the Treasury 
                shall transfer to the Secretary to carry out this 
                subsection $30,000,000, to remain available until 
                expended.
                    (B) Receipt and acceptance.--The Secretary shall be 
                entitled to receive, shall accept, and shall use to 
                carry out this section the funds transferred under 
                subparagraph (A), without further appropriation.
    (d) Technical Assistance and Training.--
            (1) In general.--The Secretary, acting through the Director 
        of the National Park Service, shall establish a program to 
        provide training and technical assistance to entities in the 
        States of Alabama, Louisiana, and Mississippi to rehabilitate 
        and restore areas affected by Hurricane Katrina or related 
        conditions, regardless of the eligibility of an entity to 
        receive a grant under this section.
            (2) Administration.--
                    (A) In general.--The program under this subsection 
                shall be administered by the Secretary, acting through 
                the Director of the National Park Service, in 
                coordination with the Director of the National Center 
                for Preservation Technology and Training of the 
                National Park Service.
                    (B) Provision of information.--The Secretary shall 
                provide any information provided to eligible entities 
                under this subsection to--
                            (i) the Technical Preservation Services of 
                        the National Park Service;
                            (ii) State historic preservation offices;
                            (iii) certified local governments;
                            (iv) federally recognized Indian tribes; 
                        and
                            (v) affected local preservation 
                        organizations.
            (3) Appropriations.--
                    (A) In general.--Notwithstanding any other 
                provision of law, out of any funds in the Treasury not 
                otherwise appropriated, the Secretary of the Treasury 
                shall transfer to the Secretary to carry out this 
                subsection $8,000,000, to remain available until 
                expended, of which--
                            (i) not less than $2,000,000 shall be made 
                        available to the Technical Preservation 
                        Services of the National Park Service;
                            (ii) not less than $2,000,000 shall be made 
                        available to the National Park Service Federal 
                        Preservation Institute;
                            (iii) not less than $1,000,000 shall be 
                        made available to the National Cemetery 
                        Preservation Initiative; and
                            (iv) not less than $3,000,000 shall be made 
                        available to the National Center for 
                        Preservation Technology and Training of the 
                        National Park Service.
                    (B) Receipt and acceptance.--The Secretary shall be 
                entitled to receive, shall accept, and shall use to 
                carry out this section the funds transferred under 
                subparagraph (A), without further appropriation.
    (e) National Trust for Historic Preservation.--
            (1) In general.--The Secretary shall provide grants to 
        eligible entities from amounts in the National Trust for 
        Historic Preservation (referred to in this subsection as the 
        ``Trust'') to carry out preservation planning and technical 
        assistance activities in areas affected by Hurricane Katrina or 
        a related condition
            (2) Priority.--In providing grants under this subsection, 
        the Secretary shall give priority to eligible entities located 
        in towns with a population of less than 50,000.
            (3) Use of funds.--An eligible entity shall use a grant 
        received under this subsection to provide preservation services 
        to communities in the region of the eligible entity.
            (4) Appropriations.--
                    (A) In general.--Notwithstanding any other 
                provision of law, out of any funds in the Treasury not 
                otherwise appropriated, the Secretary of the Treasury 
                shall transfer to the Secretary to carry out this 
                subsection $20,000,000, to remain available until 
                expended.
                    (B) Receipt and acceptance.--The Secretary shall be 
                entitled to receive, shall accept, and shall use to 
                carry out this section the funds transferred under 
                subparagraph (A), without further appropriation.
                    (C) Division of amounts.--Amounts appropriated 
                under subparagraph (A) may be divided between the 
                Preservation Services Fund, the National Preservation 
                Loan Fund, and the National Main Street Center of the 
                Trust to provide consulting services to communities, as 
                the Director of the Trust determines to be appropriate.
    (f) Administration.--
            (1) In general.--A project funded under this section shall 
        be exempt from any requirement under Federal law relating to--
                    (A) full-time employment; or
                    (B) limitations on travel expenses.
            (2) Administrative costs.--An entity that receives a grant 
        under this section shall use not more than 5 percent of the 
        amount provided to pay administrative costs.
            (3) Expedited contracts.--The Secretary shall expedite the 
        execution of any contract relating to a project under this 
        section, to the maximum extent practicable.

                     CHAPTER 6--MITIGATION MEASURES

SEC. 671. MITIGATION MEASURES.

    (a) Appropriations.--Notwithstanding section 404 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c), or any other provision of law, the President shall make 
available to the Governor of the State of Louisiana an amount equal to 
15 percent of the total amount of grants made to the State of Louisiana 
through the Federal Emergency Management Agency in response to 
Hurricane Katrina.
    (b) Use of Funds.--The Governor of the State of Louisiana shall use 
amounts made available under subsection (a) for activities relating to 
flood prevention.

          TITLE VII--JOBS CREATION AND REPOPULATION INCENTIVES

SEC. 700. AMENDMENT OF 1986 CODE.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Internal Revenue Code of 
1986.

               Subtitle A--Emergency Tax Relief Measures

SEC. 700A. HURRICANE KATRINA DISASTER AREA.

    For purposes of this subtitle, the term ``Hurricane Katrina 
disaster area'' means an area--
            (1) with respect to which a major disaster has been 
        declared by the President before September 14, 2005, under 
        section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act in connection with Hurricane Katrina, 
        and
            (2) which--
                    (A) except as provided in subparagraph (B), is 
                determined by the President before such date to warrant 
                assistance from the Federal Government under such Act, 
                and
                    (B) in the case of sections 706 and 707, is 
                determined by the President before such date to warrant 
                individual assistance, or individual and public 
                assistance, from the Federal Government under such Act.

  CHAPTER I--PENALTY FREE USE OF RETIREMENT FUNDS BY NATURAL DISASTER 
                                VICTIMS

SEC. 701. PENALTY FREE WITHDRAWALS FROM RETIREMENT PLANS FOR VICTIMS OF 
              FEDERALLY DECLARED NATURAL DISASTERS.

    (a) In General.--Paragraph (2) of section 72(t) (relating to 10-
percent additional tax on early distributions from qualified retirement 
plans) is amended by adding at the end the following new subparagraph:
                    ``(G) Distributions from retirement plans to 
                victims of federally declared natural disasters.--
                            ``(i) Distribution allowed.--Any qualified 
                        disaster-relief distribution.
                            ``(ii) Amount distributed may be repaid.--
                                    ``(I) In general.--Any individual 
                                who receives a qualified disaster-
                                relief distribution may, at any time 
                                during the 3-year period beginning on 
                                the day after the date on which such 
                                distribution was made, make one or more 
                                contributions in an aggregate amount 
                                not to exceed the amount of such 
                                distribution to an eligible retirement 
                                plan (as defined in section 
                                402(c)(8)(B)) of which such individual 
                                is a beneficiary and to which a 
                                rollover contribution of such 
                                distribution could be made under 
                                section 402(c), 403(a)(4), 403(b)(8), 
                                408(d)(3), or 457(e)(16), as the case 
                                may be.
                                    ``(II) Treatment of repayments for 
                                distributions from eligible retirement 
                                plans other than iras.--For purposes of 
                                this title, if a contribution is made 
                                pursuant to subclause (I) with respect 
                                to a qualified disaster-relief 
                                distribution from an eligible 
                                retirement plan (as so defined) other 
                                than an individual retirement plan, 
                                then the taxpayer shall, to the extent 
                                of the amount of the contribution, be 
                                treated as having received the 
                                qualified disaster-relief distribution 
                                in an eligible rollover distribution 
                                (as defined in section 402(c)(4)) and 
                                as having transferred the amount to the 
                                eligible retirement plan in a direct 
                                trustee to trustee transfer within 60 
                                days of the distribution.
                                    ``(III) Treatment of repayments for 
                                distributions from iras.--For purposes 
                                of this title, if a contribution is 
                                made pursuant to subclause (I) with 
                                respect to a qualified disaster-relief 
                                distribution from an individual 
                                retirement plan, then, to the extent of 
                                the amount of the contribution, the 
                                qualified disaster-relief distribution 
                                shall be treated as a distribution 
                                described in section 408(d)(3) and as 
                                having been transferred to the eligible 
                                retirement plan in a direct trustee to 
                                trustee transfer within 60 days of the 
                                distribution.
                                    ``(IV) Application to governmental 
                                section 457 plans.--In determining 
                                whether any distribution is a qualified 
                                disaster-relief distribution for 
                                purposes of this clause, an eligible 
                                deferred compensation plan (as defined 
                                in section 457(b)) maintained by an 
                                employer described in section 
                                457(e)(1)(A) shall be treated as a 
                                qualified retirement plan.
                            ``(iii) Qualified disaster-relief 
                        distribution.--Except as provided in clause 
                        (iv), for purposes of this subparagraph, the 
                        term `qualified disaster-relief distribution' 
                        means any distribution--
                                    ``(I) to an individual who has 
                                sustained a loss as a result of a major 
                                disaster declared under section 401 of 
                                the Robert T. Stafford Disaster Relief 
                                and Emergency Assistance Act and who 
                                has a principal place of abode 
                                immediately before the declaration in a 
                                qualified disaster area, and
                                    ``(II) which is made during the 1-
                                year period beginning on the date such 
                                declaration is made.
                            ``(iv) Dollar limitation.--
                                    ``(I) In general.--The term 
                                `qualified disaster-relief 
                                distribution' shall not include any 
                                distributions for any taxable year to 
                                the extent the aggregate amount of such 
                                distributions exceeds $100,000, reduced 
                                by the aggregate amounts treated as 
                                qualified disaster-relief distributions 
                                with respect to such individual for all 
                                prior taxable years.
                                    ``(II) Treatment of plan 
                                distributions.--If a distribution to an 
                                individual with respect to any such 
                                major disaster would (without regard to 
                                subclause (I)) be a qualified disaster-
                                relief distribution, a plan shall not 
                                be treated as violating any requirement 
                                of this title merely because it treats 
                                such distribution as a qualified 
                                disaster-relief distribution, unless 
                                the aggregate amount of such 
                                distributions from all plans maintained 
                                by the employer (and any member of any 
                                controlled group which includes the 
                                employer) to such individual exceeds 
                                $100,000.
                            ``(v) Qualified disaster area.--For 
                        purposes of this subparagraph, the term 
                        `qualified disaster area' means an area--
                                    ``(I) with respect to which a major 
                                disaster has been declared by the 
                                President before September 14, 2005, 
                                under section 401 of the Robert T. 
                                Stafford Disaster Relief and Emergency 
                                Assistance Act in connection with 
                                Hurricane Katrina, and
                                    ``(II) which is determined by the 
                                President before such date to warrant 
                                assistance from the Federal Government 
                                under such Act.''.
    (b) Exemption of Distributions From Trustee to Trustee Transfer and 
Withholding Rules.--Paragraph (4) of section 402(c) (relating to 
eligible rollover distribution) is amended by striking ``and'' at the 
end of subparagraph (B), by striking the period at the end of 
subparagraph (C) and inserting ``, and'', and by inserting at the end 
the following new subparagraph:
                    ``(D) any qualified disaster-relief distribution 
                (within the meaning of section 72(t)(2)(G)).''.
    (c) Conforming Amendments.--
            (1) Section 401(k)(2)(B)(i) is amended by striking ``or'' 
        at the end of subclause (III), by striking ``and'' at the end 
        of subclause (IV) and inserting ``or'', and by inserting after 
        subclause (IV) the following new subclause:
                                    ``(V) the date on which a period 
                                referred to in section 
                                72(t)(2)(G)(iii)(II) begins (but only 
                                to the extent provided in section 
                                72(t)(2)(G)), and''.
            (2) Section 403(b)(7)(A)(ii) is amended by inserting 
        ``sustains a loss as a result of a major disaster declared 
        under section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act by reason of Hurricane Katrina (but 
        only to the extent provided in section 72(t)(2)(G)),'' before 
        ``or''.
            (3) Section 403(b)(11) is amended by striking ``or'' at the 
        end of subparagraph (A), by striking the period at the end of 
        subparagraph (B) and inserting ``, or'', and by inserting after 
        subparagraph (B) the following new subparagraph:
                    ``(C) for distributions to which section 
                72(t)(2)(G) applies.''.
            (4) Section 457(d)(1)(A) is amended by striking ``or'' at 
        the end of clause (ii), by adding ``or'' at the end of clause 
        (iii), and by adding at the end the following new clause:
                            ``(iv) in the case of an eligible deferred 
                        compensation plan established and maintained by 
                        an employer described in subsection (e)(1)(A), 
                        when the participant sustains a loss as a 
                        result of a major disaster declared under 
                        section 401 of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act by reason 
                        of Hurricane Katrina (but only to the extent 
                        provided in section 72(t)(2)(G)),''.
    (d) Effective Date.--The amendments made by this section shall 
apply to distributions received after August 28, 2005.

SEC. 702. INCOME AVERAGING FOR DISASTER-RELIEF DISTRIBUTIONS RELATED TO 
              HURRICANE KATRINA.

    (a) In General.--In the case of any qualified disaster-relief 
distribution (within the meaning of section 72(t)(2)(G) of the Internal 
Revenue Code of 1986) from a qualified retirement plan (as defined in 
section 4974(c) of such Code) to a qualified individual, unless the 
taxpayer elects not to have this section apply for any taxable year, 
any amount required to be included in gross income for such taxable 
year shall be so included ratably over the 3-taxable year period 
beginning with such taxable year.
    (b) Special Rules.--
            (1) Application to governmental section 457 plans.--In 
        determining whether any distribution is a qualified disaster-
        relief distribution (as so defined) for purposes of this 
        section, an eligible deferred compensation plan (as defined in 
        section 457(b) of such Code) maintained by an employer 
        described in section 457(e)(1)(A) of such Code shall be treated 
        as a qualified retirement plan (as so defined)
            (2) Certain rules to apply.--Rules similar to the rules of 
        subparagraph (E) of section 408A(d)(3) of such Code shall apply 
        for purposes of this section.
    (c) Qualified Individual.--For purposes of this section, the term 
``qualified individual'' means an individual who has sustained a loss 
as a result of the major disaster declared under section 401 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170) in connection with Hurricane Katrina and who has a 
principal place of abode immediately before the declaration in a 
Hurricane Katrina disaster area.

SEC. 703. RECONTRIBUTIONS OF WITHDRAWALS FOR HOME PURCHASES CANCELLED 
              DUE TO HURRICANE KATRINA.

    (a) Recontributions.--
            (1) In general.--Any individual who received a qualified 
        distribution may, at any time during the 6-month period 
        beginning on the day after the disaster declaration date, make 
        one or more contributions in an aggregate amount not to exceed 
        the amount of such qualified distribution to an eligible 
        retirement plan (as defined in section 402(c)(8)(B) of the 
        Internal Revenue Code of 1986) of which such individual is a 
        beneficiary and to which a rollover contribution of such 
        distribution could be made under section 402(c), 403(a)(4), 
        403(b)(8), or 408(d)(3) of such Code, as the case may be.
            (2) Treatment of repayments.--
                    (A) Treatment of repayments for distributions from 
                eligible retirement plans other than iras.--For 
                purposes of the Internal Revenue Code of 1986, if a 
                contribution is made pursuant to paragraph (1) with 
                respect to a qualified distribution from an eligible 
                retirement plan (as so defined) other than an 
                individual retirement plan (as defined in section 
                7701(a)(37) of such Code), then the taxpayer shall, to 
                the extent of the amount of the contribution, be 
                treated as having received the qualified distribution 
                in an eligible rollover distribution (as defined in 
                section 402(c)(4) of such Code) and as having 
                transferred the amount to the eligible retirement plan 
                in a direct trustee to trustee transfer within 60 days 
                of the distribution.
                    (B) Treatment of repayments for distributions from 
                iras.--For purposes of the Internal Revenue Code of 
                1986, if a contribution is made pursuant to paragraph 
                (1) with respect to a qualified distribution from an 
                individual retirement plan (as so defined), then, to 
                the extent of the amount of the contribution, the 
                qualified distribution shall be treated as a 
                distribution described in section 408(d)(3) of such 
                Code and as having been transferred to the eligible 
                retirement plan (as so defined) in a direct trustee to 
                trustee transfer within 60 days of the distribution.
    (b) Definitions.--For purposes of this section--
            (1) Qualified distribution.--The term ``qualified 
        distribution'' means any distribution--
                    (A) described in section 401(k)(2)(B)(i)(IV), 
                403(b)(7)(A)(ii) (but only to the extent such 
                distribution relates to financial hardship), 
                403(b)(11)(B), or 72(t)(2)(F) of the Internal Revenue 
                Code of 1986,
                    (B) received after February 28, 2005, and before 
                August 29, 2005, and
                    (C) which was to be used to purchase or construct a 
                principal residence in a Hurricane Katrina disaster 
                area, but which was not so purchased or constructed.
            (2) Disaster declaration date.--The term ``disaster 
        declaration date'' means the date on which the President 
        designated the area as a Hurricane Katrina disaster area.

SEC. 704. LOANS FROM QUALIFIED PLANS TO VICTIMS OF HURRICANE KATRINA.

    (a) Increase in Limit on Loans Not Treated as Distributions.--In 
the case of any loan from a qualified employer plan (as defined under 
section 72(p)(4) of the Internal Revenue Code of 1986) to a qualified 
individual (as defined in section 102(c)) made after the date of 
enactment of this Act and before the date which is 1 year after the 
disaster declaration date (as defined in section 103(b)(2))--
            (1) clause (i) of section 72(p)(2)(A) of such Code shall be 
        applied by substituting ``$100,000'' for ``$50,000'', and
            (2) clause (ii) of such section shall be applied by 
        substituting ``the present value of the nonforfeitable accrued 
        benefit of the employee under the plan'' for ``one-half of the 
        present value of the nonforfeitable accrued benefit of the 
        employee under the plan''.
    (b) Delay of Repayment.--In the case of a qualified individual (as 
defined in section 102(c)) with an outstanding loan on or after August 
26, 2005, from a qualified employer plan (as defined in section 
72(p)(4) of the Internal Revenue Code of 1986)--
            (1) if the due date pursuant to subparagraph (B) or (C) of 
        section 72(p)(2) of such Code for any repayment with respect to 
        such loan occurs during the period beginning after August 29, 
        2005, and ending before August 30, 2006, such due date shall be 
        delayed for 1 year,
            (2) any subsequent repayments with respect to any such loan 
        shall be appropriately adjusted to reflect the delay in the due 
        date under paragraph (1) and any interest accruing during such 
        delay, and
            (3) in determining the 5-year period and the term of a loan 
        under subparagraph (B) or (C) of section 72(p)(2) of such Code, 
        such period shall be disregarded.

SEC. 705. PROVISIONS RELATING TO PLAN AMENDMENTS.

    (a) In General.--If this section applies to any plan or contract 
amendment such plan or contract shall be treated as being operated in 
accordance with the terms of the plan during the period described in 
subsection (b)(2)(A).
    (b) Amendments to Which Section Applies.--
            (1) In general.--This section shall apply to any amendment 
        to any plan or annuity contract which is made--
                    (A) pursuant to any amendment made by this title, 
                or pursuant to any regulation issued by the Secretary 
                of the Treasury or the Secretary of Labor under this 
                title, and
                    (B) on or before the last day of the first plan 
                year beginning on or after January 1, 2007, or such 
                later date as the Secretary of the Treasury may 
                prescribe.
        In the case of a governmental plan (as defined in section 
        414(d) of the Internal Revenue Code of 1986), subparagraph (B) 
        shall be applied by substituting the date which is 2 years 
        after the date otherwise applied under subparagraph (B).
            (2) Conditions.--This section shall not apply to any 
        amendment unless--
                    (A) during the period--
                            (i) beginning on the date the legislative 
                        or regulatory amendment described in paragraph 
                        (1)(A) takes effect (or in the case of a plan 
                        or contract amendment not required by such 
                        legislative or regulatory amendment, the 
                        effective date specified by the plan), and
                            (ii) ending on the date described in 
                        paragraph (1)(B) (or, if earlier, the date the 
                        plan or contract amendment is adopted),
                the plan or contract is operated as if such plan or 
                contract amendment were in effect; and
                    (B) such plan or contract amendment applies 
                retroactively for such period.

                     CHAPTER II--EMPLOYMENT RELIEF

SEC. 706. WORK OPPORTUNITY TAX CREDIT FOR HURRICANE KATRINA EMPLOYEES.

    (a) In General.--For purposes of section 51 of the Internal Revenue 
Code of 1986, a Hurricane Katrina employee shall be treated as a member 
of a targeted group.
    (b) Hurricane Katrina Employee.--For purposes of this section, the 
term ``Hurricane Katrina employee'' means any individual who, on August 
28, 2005, had a principal place of abode in a Hurricane Katrina 
disaster area.
    (c) Special Rules for Determining Credit.--For purposes of applying 
subpart F of part IV of subchapter A of chapter 1 of such Code to wages 
paid or incurred to any Hurricane Katrina employee--
            (1) section 51(c)(4) of such Code shall not apply, and
            (2) except in the case of an employee of the employer 
        (within the meaning of section 51 of such Code) on August 28, 
        2005, or an employee initially hired after such date, section 
        51(i)(2) of such Code shall not apply.
    (d) Application of Section.--This section shall apply only to wages 
(within the meaning on section 51(c) of such Code) paid or incurred to 
any individual who--
            (1) is being hired for a position the principal place of 
        employment of which is located in a Hurricane Katrina disaster 
        area, and
            (2) who begins work for the employer during the 2-year 
        period beginning on August 29, 2005.

SEC. 707. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY HURRICANE 
              KATRINA.

    (a) In General.--In the case of an eligible employer, there shall 
be allowed as a credit against the tax imposed by chapter 1 of the 
Internal Revenue Code of 1986 for the taxable year an amount equal to 
40 percent of the qualified wages with respect to each eligible 
employee of such employer for such taxable year. For purposes of the 
preceding sentence, the amount of qualified wages which may be taken 
into account with respect to any individual shall not exceed $6,000.
    (b) Definitions.--For purposes of this section--
            (1) Eligible employer.--The term ``eligible employer'' 
        means any employer--
                    (A) which conducted an active trade or business on 
                August 28, 2005, in a Hurricane Katrina disaster area, 
                and
                    (B) with respect to whom the trade or business 
                described in subparagraph (A) is inoperable on any day 
                after August 28, 2005, and before January 1, 2006, as a 
                result of damage sustained in connection with Hurricane 
                Katrina.
            (2) Eligible employee.--The term ``eligible employee'' 
        means with respect to an eligible employer--
                    (A) an employee whose principal place of employment 
                on August 28, 2005, with such eligible employer was in 
                a Hurricane Katrina disaster area, or
                    (B) a Ready Reserve-National Guard employee of such 
                eligible employer who is performing qualified active 
                duty and whose principal place of employment 
                immediately before the date on which such employee 
                began performing such qualified active duty was in a 
                Hurricane Katrina disaster area.
            (3) Qualified wages.--The term ``qualified wages'' means 
        wages (as defined in section 51(c)(1) of the Internal Revenue 
        Code of 1986, but without regard to section 3306(b)(2)(B) of 
        such Code) paid or incurred by an eligible employer with 
        respect to an eligible employee on any day after August 28, 
        2005, and before January 1, 2006, which occurs during the 
        period--
                    (A) beginning on the date on which the trade or 
                business described in paragraph (1) first became 
                inoperable at the principal place of employment of the 
                employee immediately before Hurricane Katrina, and
                    (B) ending on the date on which such trade or 
                business has resumed significant operations at such 
                principal place of employment.
        Such term shall include wages paid without regard to whether 
        the employee performs no services, performs services at a 
        different place of employment than such principal place of 
        employment, or performs services at such principal place of 
        employment before significant operations have resumed.
            (4) Ready reserve-national guard employee.--The term 
        ``Ready Reserve-National Guard employee'' means an employee who 
        is a member of the Ready Reserve of a reserve component of an 
        Armed Force of the United States as described in section 10142 
        and 10101 of title 10, United States Code and who is performing 
        qualified active duty.
            (5) Qualified active duty.--The term ``qualified active 
        duty'' means--
                    (A) active duty, other than the training duty 
                specified in section 10147 of title 10, United States 
                Code (relating to training requirements for Ready 
                Reserve), or section 502(a) of title 32, United States 
                Code (relating to required drills and field exercises 
                for the National Guard), in connection with which an 
                employee is entitled to reemployment rights and other 
                benefits or to a leave of absence from employment under 
                chapter 43 of title 38, United States Code, and
                    (B) hospitalization incident to such duty.
    (c) Certain Rules To Apply.--For purposes of this section, rules 
similar to the rules of sections 51(i)(1), 52, and 280C(a) of the 
Internal Revenue Code of 1986 of the shall apply.
    (d) Credit To Be Part of General Business Credit.--The credit 
allowed under this section shall be added to the current year business 
credit under section 38(b) of the Internal Revenue Code of 1986 and 
shall be treated as a credit allowed under subpart D of part IV of 
subchapter A of chapter 1 of such Code.

               CHAPTER III--CHARITABLE GIVING INCENTIVES

SEC. 711. TEMPORARY SUSPENSION OF LIMITATIONS ON CHARITABLE 
              CONTRIBUTIONS.

    (a) In General.--Except as otherwise provided in subsection (b), 
section 170(b) of the Internal Revenue Code of 1986 shall not apply to 
qualified contributions and such contributions shall not be taken into 
account for purposes of subsections (b) and (d) of section 170 of the 
Internal Revenue Code of 1986.
    (b) Treatment of Excess Contributions.--For purposes of section 170 
of such Code--
            (1) Individuals.--In the case of an individual--
                    (A) Limitation.--Any qualified contribution shall 
                be allowed only to the extent that the aggregate of 
                such contributions does not exceed the excess of the 
                taxpayer's contribution base (as defined in paragraph 
                (1) of section 170(b) of such Code) over the amount of 
                all other charitable contributions allowed under such 
                paragraph.
                    (B) Carryover.--If the aggregate amount of 
                qualified contributions made in the contribution year 
                (within the meaning of section 170(d)(1) of such Code) 
                exceeds the limitation of subparagraph (A), such excess 
                shall be added to the excess described in the portion 
                of subparagraph (A) of such section which precedes 
                clause (i) thereof for purposes of applying such 
                section.
            (2) Corporations.--In the case of a corporation--
                    (A) Limitation.--Any qualified contribution shall 
                be allowed only to the extent that the aggregate of 
                such contributions does not exceed the excess of the 
                taxpayer's taxable income (as determined under 
                paragraph (2) of section 170(b) of such Code) over the 
                amount of all other charitable contributions allowed 
                under such paragraph.
                    (B) Carryover.--Rules similar to the rules of 
                paragraph (1)(B) shall apply for purposes of this 
                paragraph.
    (c) Exception to Overall Limitation on Itemized Deductions.--So 
much of any deduction allowed under section 170 of such Code as does 
not exceed the qualified contributions made during the taxable year 
shall not be treated as an itemized deduction for purposes of section 
68 of such Code.
    (d) Qualified Contributions.--For purposes of this section, the 
term ``qualified contribution'' means any charitable contribution (as 
defined in section 170(c) of such Code)--
            (1) made during the period beginning on August 28, 2005, 
        and ending on December 31, 2005, in cash to an organization 
        described in section 170(b)(1)(A) of such Code (other than an 
        organization described in section 509(a)(3) of such Code), and
            (2) with respect to which the taxpayer has elected the 
        application of this section.
In the case of a partnership or S corporation, the election under 
paragraph (2) shall be made separately by each partner or shareholder. 
In the case of a corporation, a contribution shall be treated as a 
qualified contribution only if the contribution is for relief efforts 
related to Hurricane Katrina.

SEC. 712. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORIES.

    (a) In General.--Subsection (e) of section 170 (relating to certain 
contributions of ordinary income and capital gain property) is amended 
by adding at the end the following new paragraph:
            ``(7) Application of paragraph (3) to certain contributions 
        of food inventory.--For purposes of this section--
                    ``(A) Extension to individuals.--In the case of a 
                charitable contribution of apparently wholesome food--
                            ``(i) paragraph (3)(A) shall be applied 
                        without regard to whether the contribution is 
                        made by a C corporation, and
                            ``(ii) in the case of a taxpayer other than 
                        a C corporation, the aggregate amount of such 
                        contributions for any taxable year which may be 
                        taken into account under this section shall not 
                        exceed 10 percent of the taxpayer's net income 
                        for such taxable year from all trades or 
                        businesses from which such contributions were 
                        made for such taxable year, computed without 
                        regard to this section.
                    ``(B) Limitation on reduction.--In the case of a 
                charitable contribution of apparently wholesome food, 
                notwithstanding paragraph (3)(B), the amount of the 
                reduction determined under paragraph (1)(A) shall not 
                exceed the amount by which the fair market value of 
                such property exceeds twice the basis of such property.
                    ``(C) Determination of basis.--If a taxpayer--
                            ``(i) does not account for inventories 
                        under section 471, and
                            ``(ii) is not required to capitalize 
                        indirect costs under section 263A,
                the taxpayer may elect, solely for purposes of 
                paragraph (3)(B), to treat the basis of any apparently 
                wholesome food as being equal to 25 percent of the fair 
                market value of such food.
                    ``(D) Determination of fair market value.--In the 
                case of a charitable contribution of apparently 
                wholesome food which is a qualified contribution 
                (within the meaning of paragraph (3), as modified by 
                subparagraph (A) of this paragraph) and which, solely 
                by reason of internal standards of the taxpayer or lack 
                of market, cannot or will not be sold, the fair market 
                value of such contribution shall be determined--
                            ``(i) without regard to such internal 
                        standards or such lack of market and
                            ``(ii) by taking into account the price at 
                        which the same or substantially the same food 
                        items (as to both type and quality) are sold by 
                        the taxpayer at the time of the contribution 
                        (or, if not so sold at such time, in the recent 
                        past).
                    ``(E) Apparently wholesome food.--For purposes of 
                this paragraph, the term `apparently wholesome food' 
                has the meaning given such term by section 22(b)(2) of 
                the Bill Emerson Good Samaritan Food Donation Act (42 
                U.S.C. 1791(b)(2)), as in effect on the date of the 
                enactment of this paragraph.
                    ``(F) Application.--This paragraph shall apply to 
                contributions made after August 28, 2005, and before 
                January 1, 2006.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to contributions made after August 28, 2005.

SEC. 713. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF BOOK INVENTORIES.

    (a) In General.--Section 170(e)(3) (relating to certain 
contributions of ordinary income and capital gain property) is amended 
by redesignating subparagraph (C) as subparagraph (D) and by inserting 
after subparagraph (B) the following new subparagraph:
                    ``(C) Special rule for contributions of book 
                inventory for educational purposes.--
                            ``(i) Contributions of book inventory.--In 
                        determining whether a qualified book 
                        contribution is a qualified contribution, 
                        subparagraph (A) shall be applied without 
                        regard to whether--
                                    ``(I) the donee is an organization 
                                described in the matter preceding 
                                clause (i) of subparagraph (A), and
                                    ``(II) the property is to be used 
                                by the donee solely for the care of the 
                                ill, the needy, or infants.
                            ``(ii) Amount of reduction.--
                        Notwithstanding subparagraph (B), the amount of 
                        the reduction determined under paragraph (1)(A) 
                        shall not exceed the amount by which the fair 
                        market value of the contributed property (as 
                        determined by the taxpayer using a bona fide 
                        published market price for such book) exceeds 
                        twice the basis of such property.
                            ``(iii) Qualified book contribution.--For 
                        purposes of this paragraph, the term `qualified 
                        book contribution' means a charitable 
                        contribution of books, but only if the 
                        requirements of clauses (iv) and (v) are met.
                            ``(iv) Identity of donee.--The requirement 
                        of this clause is met if the contribution is to 
                        an organization--
                                    ``(I) described in subclause (I) or 
                                (III) of paragraph (6)(B)(i), or
                                    ``(II) described in section 
                                501(c)(3) and exempt from tax under 
                                section 501(a) (other than a private 
                                foundation, as defined in section 
                                509(a), which is not an operating 
                                foundation, as defined in section 
                                4942(j)(3)), which is organized 
                                primarily to make books available to 
                                the general public at no cost or to 
                                operate a literacy program.
                            ``(v) Certification by donee.--The 
                        requirement of this clause is met if, in 
                        addition to the certifications required by 
                        subparagraph (A) (as modified by this 
                        subparagraph), the donee certifies in writing 
                        that--
                                    ``(I) the books are suitable, in 
                                terms of currency, content, and 
                                quantity, for use in the donee's 
                                educational programs, and
                                    ``(II) the donee will use the books 
                                in its educational programs.
                            ``(vi) Bona fide published market price.--
                        For purposes of this subparagraph, the term 
                        `bona fide published market price' means, with 
                        respect to any book, a price--
                                    ``(I) determined using the same 
                                printing and edition,
                                    ``(II) determined in the usual 
                                market in which such a book has been 
                                customarily sold by the taxpayer, and
                                    ``(III) for which the taxpayer can 
                                demonstrate to the satisfaction of the 
                                Secretary that the taxpayer customarily 
                                sold such books in arm's length 
                                transactions within 7 years preceding 
                                the contribution of such a book.
                            ``(vii) Application.--This subparagraph 
                        shall apply to contributions made after August 
                        28, 2005, and before January 1, 2006.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to contributions made after August 28, 2005.

SEC. 714. ADDITIONAL EXEMPTION FOR HOUSING HURRICANE KATRINA DISPLACED 
              INDIVIDUALS.

    (a) In General.--In the case of taxable years of a natural person 
beginning in 2005 and 2006, for purposes of the Internal Revenue Code 
of 1986, taxable income shall be reduced by $500 for each Hurricane 
Katrina displaced individual of the taxpayer for the taxable year.
    (b) Limitations.--
            (1) Dollar limitation.--The reduction under subsection (a) 
        shall not exceed $2,000, reduced by the amount of the reduction 
        under this section for all previous taxable years.
            (2) Individuals taken into account only once.--An 
        individual shall not be taken into account under subsection (a) 
        if such individual was taken into account under such subsection 
        by the taxpayer in any prior taxable year.
    (c) Hurricane Katrina Displaced Individual.--For purposes of this 
subsection, the term ``Hurricane Katrina displaced individual'' means, 
with respect to any taxpayer for any taxable year, a natural person 
who--
            (1) was (as of August 28, 2005) a resident of any Hurricane 
        Katrina disaster area,
            (2) is displaced from the person's residence located in the 
        area described in paragraph (1), and
            (3) is provided housing free of charge by the taxpayer in 
        the principal residence of the taxpayer for a period of 60 
        consecutive days which ends in such taxable year.
Such term shall not include the spouse or any dependent of the 
taxpayer.

SEC. 715. INCREASE IN STANDARD MILEAGE RATE FOR CHARITABLE USE OF 
              PASSENGER AUTOMOBILE.

    Notwithstanding section 170(i) of the Internal Revenue Code of 
1986, for purposes of computing the deduction under section 170 of such 
Code for use of a vehicle described in subsection (f)(12)(E)(i) for 
provision of relief related to Hurricane Katrina during the period 
beginning on August 29, 2005, and ending before January 1, 2007, the 
standard mileage rate shall be 70 percent of the standard mileage rate 
in effect under section 162(a) of such Code at the time of such use. 
Any increase under this section shall be rounded to the next highest 
cent.

SEC. 716. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS EXCLUDED FROM 
              GROSS INCOME.

    (a) In General.--Part III of subchapter B of chapter 1 is amended 
by inserting after section 139A the following new section:

``SEC. 139B. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS.

    ``(a) In General.--Gross income of an individual does not include 
amounts received, from an organization described in section 170(c), as 
reimbursement of operating expenses with respect to use of a passenger 
automobile for the benefit of such organization. The preceding sentence 
shall apply only to the extent that the expenses which are reimbursed 
would be deductible under this chapter if section 274(d) were applied--
            ``(1) by using the standard business mileage rate 
        established under such section, and
            ``(2) as if the individual were an employee of an 
        organization not described in section 170(c).
    ``(b) Application to Volunteer Services Only.--Subsection (a) shall 
not apply with respect to any expenses relating to the performance of 
services for compensation.
    ``(c) No Double Benefit.--A taxpayer may not claim a deduction or 
credit under any other provision of this title with respect to the 
expenses under subsection (a).
    ``(d) Exemption From Reporting Requirements.--Section 6041 shall 
not apply with respect to reimbursements excluded from income under 
subsection (a).
    ``(e) Termination.--This section shall not apply to use of a 
passenger automobile after December 31, 2006.''.
    (b) Clerical Amendment.--The table of sections for part III of 
subchapter B of chapter 1 is amended by inserting after the item 
relating to section 139A the following new item:

``Sec. 139B Mileage reimbursements to charitable volunteers''.
    (c) Effective Date.--The amendments made by this section shall 
apply to the use of a passenger automobile after the date of the 
enactment of this Act, in taxable years ending after such date.

              CHAPTER IV--ADDITIONAL TAX RELIEF PROVISIONS

SEC. 721. EXCLUSIONS OF CERTAIN CANCELLATIONS OF INDEBTEDNESS FOR 
              VICTIMS OF HURRICANE KATRINA.

    (a) In General.--For purposes of the Internal Revenue Code of 1986, 
gross income shall not include any amount which (but for this section) 
would be includible in gross income by reason of the discharge (in 
whole or in part) of indebtedness of a natural person by an applicable 
entity (as defined in section 6050P(c)(1)) if the discharge is by 
reason of the damage sustained by the taxpayer in connection with 
Hurricane Katrina.
    (b) Exception.--Subsection (a) shall not apply to any indebtedness 
incurred in connection with a trade or business.
    (c) Denial of Double Benefit.--The amount excluded from gross 
income under subsection (a) shall be applied to reduce the tax 
attributes of the taxpayer as provided in section 108(b) of such Code.
    (d) Effective Date.--This section shall apply to discharges made on 
or after August 29, 2005, and before January 1, 2007.

SEC. 722. SUSPENSION OF CERTAIN LIMITATIONS ON PERSONAL CASUALTY 
              LOSSES.

    Paragraphs (1) and (2)(A) of section 165(h) of the Internal Revenue 
Code of 1986 shall not apply to losses described in section 165(c)(3) 
of such Code which are attributable to Hurricane Katrina. In the case 
of any other losses, section 165(h)(2)(A) of such Code shall be applied 
without regard to the losses referred to in the preceding sentence.

SEC. 723. REQUIRED EXERCISE OF AUTHORITY UNDER SECTION 7508A FOR TAX 
              RELIEF FOR VICTIMS OF HURRICANE KATRINA.

    (a) Authority Includes Suspension of Payment of Employment and 
Excise Taxes.--Subparagraphs (A) and (B) of section 7508(a)(1) are 
amended to read as follows:
                    ``(A) Filing any return of income, estate, gift, 
                employment, or excise tax;
                    ``(B) Payment of any income, estate, gift, 
                employment, or excise tax or any installment thereof or 
                of any other liability to the United States in respect 
                thereof;''.
    (b) Application to Victims of Hurricane Katrina.--In the case of 
any taxpayer determined by the Secretary of the Treasury to be affected 
by the Presidentially declared disaster relating to Hurricane Katrina, 
any relief provided by the Secretary of the Treasury under section 
7508A of the Internal Revenue Code of 1986 shall be for a period ending 
not earlier than February 28, 2006, and shall be treated as applying to 
the filing of returns relating to, and the payment of, employment and 
excise taxes.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply for any period for performing an act which has not expired before 
August 29, 2005.

SEC. 724. SPECIAL MORTGAGE FINANCING RULES FOR RESIDENCES LOCATED IN 
              HURRICANE KATRINA DISASTER AREA.

    In the case of a residence located in a Hurricane Katrina disaster 
area which replaces a residence destroyed by Hurricane Katrina or which 
is being repaired for damage caused by Hurricane Katrina, section 143 
of the Internal Revenue Code of 1986 shall be applied with the 
following modifications to financing provided with respect to such 
residence within 3 years after the date of the disaster declaration:
            (1) Subsections (d) of such section 143 shall be applied as 
        if such residence were a targeted area residence.
            (2) The limitation under subsection (k)(4) of such section 
        143 shall be increased (but not above $150,000) to the extent 
        the qualified home-improvement loan is for the repair of damage 
        caused by Hurricane Katrina.
This section shall apply only with respect to bonds issued after August 
28, 2005, and before August 29, 2008.

SEC. 825. EXTENSION OF REPLACEMENT PERIOD FOR NONRECOGNITION OF GAIN 
              FOR PROPERTY 7OCATED IN HURRICANE KATRINA DISASTER AREA.

    Notwithstanding subsections (g) and (h) of section 1033 of the 
Internal Revenue Code of 1986, clause (i) of section 1033(a)(2)(B) of 
such Code shall be applied by substituting ``5 years'' for ``2 years'' 
with respect to property which is compulsorily or involuntarily 
converted as a result of Hurricane Katrina in a Hurricane Katrina 
disaster area, but only if substantially all of the use of the 
replacement property is in such area.

SEC. 726. SPECIAL RULE FOR DETERMINING EARNED INCOME.

    (a) In General.--In the case of a qualified individual, if the 
earned income of the taxpayer for the taxable year of such taxpayer 
which includes August 28, 2005, is less than the earned income which is 
attributable to the taxpayer for the preceding taxable year, the 
credits allowed under sections 24(d) and 32 of the Internal Revenue 
Code of 1986 may, at the election of the taxpayer, be determined by 
substituting--
            (1) such earned income for the preceding taxable year, for
            (2) such earned income for the taxable year which includes 
        August 28, 2005.
    (b) Qualified Individual.--For purposes of this section, the term 
``qualified individual'' means any individual whose principal place of 
abode was (as of August 28, 2005) in any Hurricane Katrina disaster 
area.
    (c) Earned Income.--For purposes of this section, the term ``earned 
income'' has the meaning given such term under section 32(c) of such 
Code.
    (d) Special Rules.--
            (1) Application to joint returns.--For purpose of 
        subsection (a), in the case of a joint return for a taxable 
        year which includes August 28, 2005,
                    (A) such subsection shall apply if either spouse is 
                a qualified individual,
                    (B) the earned income which is attributable to the 
                taxpayer for the preceding taxable year shall be the 
                sum of the earned income which is attributable to each 
                spouse for such preceding taxable year, and
                    (C) the substitution described in such subsection 
                shall apply only with respect to earned income which is 
                attributable to a spouse who is a qualified individual.
            (2) Uniform application of election.--Any election made 
        under subsection (a) shall apply with respect to both section 
        24(d) and section 32 of such Code.
            (3) Errors treated as mathematical error.--For purposes of 
        section 6213 of such Code, an incorrect use on a return of 
        earned income pursuant to subsection (a) shall be treated as a 
        mathematical or clerical error.
            (4) No effect on determination of gross income.--For 
        purposes of the Internal Revenue Code of 1986, gross income 
        shall be determined without regard to any substitution under 
        subsection (a).

SEC. 727. SECRETARIAL AUTHORITY TO MAKE ADJUSTMENTS REGARDING TAXPAYER 
              AND DEPENDENCY STATUS.

    With respect to taxable years beginning in 2005 or 2006, the 
Secretary of the Treasury or the Secretary's delegate may make such 
adjustments in the application of the internal revenue laws as may be 
necessary to ensure that taxpayers do not lose any deduction or credit 
or experience a change of filing status by reason of temporary 
relocations after Hurricane Katrina or by reason of the receipt of 
hurricane relief. Any adjustments made under the preceding sentence 
shall ensure that an individual is not taken into account by more than 
one taxpayer with respect to the same tax benefit.

                    CHAPTER V--EMERGENCY REQUIREMENT

SEC. 731. EMERGENCY REQUIREMENT.

    Any provision of this Act causing an effect on receipts, budget 
authority, or outlays is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                 Subtitle II--Additional Tax Incentives

SEC. 741. TAX BENEFITS FOR THE MAJOR DISASTER AREA DAMAGED IN HURRICANE 
              KATRINA.

    (a) In General.--Chapter 1 is amended by adding at the end the 
following new subchapter:

        ``Subchapter Z--Hurricane Katrina Disaster Zone Benefits

``Sec. 1400M. Tax benefits for Hurricane Katrina Disaster Zone.

``SEC. 1400M. TAX BENEFITS FOR HURRICANE KATRINA DISASTER ZONE.

    ``(a) Special Allowance for Certain Property Acquired After August 
28, 2005.--
            ``(1) Additional allowance.--In the case of any qualified 
        Hurricane Katrina Disaster Zone property--
                    ``(A) the depreciation deduction provided by 
                section 167(a) for the taxable year in which such 
                property is placed in service shall include an 
                allowance equal to 50 percent of the adjusted basis of 
                such property, and
                    ``(B) the adjusted basis of the qualified Hurricane 
                Katrina Disaster Zone property shall be reduced by the 
                amount of such deduction before computing the amount 
                otherwise allowable as a depreciation deduction under 
                this chapter for such taxable year and any subsequent 
                taxable year.
            ``(2) Qualified hurricane katrina disaster zone property.--
        For purposes of this subsection--
                    ``(A) In general.--The term `qualified Hurricane 
                Katrina Disaster Zone property' means property--
                            ``(i)(I) which is described in section 
                        168(k)(2)(A)(i), or
                            ``(II) which is nonresidential real 
                        property, or residential rental property, which 
                        is described in subparagraph (B),
                            ``(ii) substantially all of the use of 
                        which is in the Hurricane Katrina Disaster Zone 
                        and is in the active conduct of a trade or 
                        business by the taxpayer in such Zone,
                            ``(iii) the original use of which in the 
                        Hurricane Katrina Disaster Zone commences with 
                        the taxpayer after August 29, 2005,
                            ``(iv) which is acquired by the taxpayer by 
                        purchase (as defined in section 179(d)) after 
                        August 28, 2005, but only if no written binding 
                        contract for the acquisition was in effect 
                        before August 29, 2005, and
                            ``(v) which is placed in service by the 
                        taxpayer on or before the termination date.
                The term `termination date' means December 31, 2012 
                (December 31, 2015, in the case of nonresidential real 
                property and residential rental property).
                    ``(B) Eligible real property.--Nonresidential real 
                property or residential rental property is described in 
                this subparagraph only to the extent it rehabilitates 
                real property damaged, or replaces real property 
                destroyed or condemned, as a result of Hurricane 
                Katrina. For purposes of the preceding sentence, 
                property shall be treated as replacing real property 
                destroyed or condemned if, as part of an integrated 
                plan, such property replaces real property which is 
                included in a continuous area which includes real 
                property destroyed or condemned.
                    ``(C) Exceptions.--
                            ``(i) Alternative depreciation property.--
                        The term `qualified Hurricane Katrina Disaster 
                        Zone property' shall not include any property 
                        described in section 168(k)(2)(D)(i).
                            ``(ii) Qualified hurricane katrina disaster 
                        zone leasehold improvement property.--Such term 
                        shall not include any qualified Hurricane 
                        Katrina Disaster Zone leasehold improvement 
                        property.
                            ``(iii) Election out.--For purposes of this 
                        subsection, rules similar to the rules of 
                        section 168(k)(2)(D)(iii) shall apply.
                    ``(D) Special rules.--For purposes of this 
                subsection, rules similar to the rules of section 
                168(k)(2)(E) shall apply, except that clause (i) 
                thereof shall be applied without regard to `and January 
                1, 2005' and clause (iv) thereof shall be applied by 
                substituting `qualified Hurricane Katrina Disaster Zone 
                property' for `qualified property'.
                    ``(E) Allowance against alternative minimum tax.--
                For purposes of this subsection, rules similar to the 
                rules of section 168(k)(2)(G) shall apply.
    ``(b) 5-Year Recovery Period for Depreciation of Certain Leasehold 
Improvements.--
            ``(1) In general.--For purposes of section 168, the term 
        `5-year property' includes any qualified Hurricane Katrina 
        Disaster Zone leasehold improvement property.
            ``(2) Qualified hurricane katrina disaster zone leasehold 
        improvement property.--For purposes of this section, the term 
        `qualified Hurricane Katrina Disaster Zone leasehold 
        improvement property' means qualified leasehold improvement 
        property (as defined in section 168(k)(3)) if--
                    ``(A) such building is located in the Hurricane 
                Katrina Disaster Zone,
                    ``(B) such improvement is placed in service after 
                August 28, 2005, and before January 1, 2007, and
                    ``(C) no written binding contract for such 
                improvement was in effect before August 28, 2005.
            ``(3) Requirement to use straight line method.--The 
        applicable depreciation method under section 168 shall be the 
        straight line method in the case of qualified Hurricane Katrina 
        Disaster Zone leasehold improvement property.
            ``(4) 9-year recovery period under alternative system.--For 
        purposes of section 168(g), the class life of qualified 
        Hurricane Katrina Disaster Zone leasehold improvement property 
        shall be 9 years.
    ``(c) Tax-Exempt Bond Financing.--
            ``(1) In general.--For purposes of this title, any 
        qualified Hurricane Katrina Disaster Bond shall be treated as 
        an exempt facility bond.
            ``(2) Qualified hurricane katrina disaster bond.--For 
        purposes of this subsection, the term `qualified Hurricane 
        Katrina Disaster Bond' means any bond issued as part of an 
        issue if--
                    ``(A) 95 percent or more of the net proceeds (as 
                defined in section 150(a)(3)) of such issue are to be 
                used for qualified project costs,
                    ``(B) such bond is issued by a State or political 
                subdivision in which a part of the Hurricane Katrina 
                Disaster Zone is located,
                    ``(C) the Governor designates such bond for 
                purposes of this section, and
                    ``(D) such bond is issued after the date of the 
                enactment of this section and before January 1, 2011.
            ``(3) Limitations on amount of bonds.--
                    ``(A) Aggregate amount designated.--The maximum 
                aggregate face amount of bonds which may be designated 
                under this subsection shall not exceed $45,000,000,000.
                    ``(B) Movable property.--No bonds shall be issued 
                which are to be used for movable fixtures and 
                equipment.
            ``(4) Qualified project costs.--For purposes of this 
        subsection, the term `qualified project costs' means the cost 
        of acquisition, construction, reconstruction, and renovation 
        of--
                    ``(A) nonresidential real property (including 
                nonprofit and commercial business, recreational, 
                transportation, health care, and education facilities), 
                residential real property, and residential rental 
                property (including fixed tenant improvements 
                associated with such property) located in the Hurricane 
                Katrina Disaster Zone, including related 
                infrastructure, and
                    ``(B) public utility property (as defined in 
                section 168(i)(10)) located in the Hurricane Katrina 
                Disaster Zone.
            ``(5) Special rules.--In applying this title to any 
        qualified Hurricane Katrina Disaster Bond, the following 
        modifications shall apply:
                    ``(A) Sections 146 (relating to volume cap), 147(f) 
                (relating to public approval), and 149(b) (relating to 
                Federal guarantees) shall not apply.
                    ``(B) Sections 142(d) and 150(b)(2) (relating to 
                tenant targeting rules for residential rental property 
                shall not apply,
                    ``(C) Section 147(d) (relating to acquisition of 
                existing property not permitted) shall be applied by 
                substituting `50 percent' for `15 percent' each place 
                it appears.
                    ``(D) Section 148(f)(4)(C) (relating to exception 
                from rebate for certain proceeds to be used to finance 
                construction expenditures) shall apply to the available 
                construction proceeds of bonds issued under this 
                section.
                    ``(E) Repayments of principal on financing provided 
                by the issue--
                            ``(i) may not be used to provide financing, 
                        and
                            ``(ii) must be used not later than the 
                        close of the 1st semiannual period beginning 
                        after the date of the repayment to redeem bonds 
                        which are part of such issue.
                The requirement of clause (ii) shall be treated as met 
                with respect to amounts received within 10 years after 
                the date of issuance of the issue (or, in the case of a 
                refunding bond, the date of issuance of the original 
                bond) if such amounts are used by the close of such 10 
                years to redeem bonds which are part of such issue.
                    ``(F) Section 57(a)(5) shall not apply.
            ``(6) Separate issue treatment of portions of an issue.--
        This subsection shall not apply to the portion of an issue 
        which (if issued as a separate issue) would be treated as a 
        qualified bond or as a bond that is not a private activity bond 
        (determined without regard to paragraph (1)), if the issuer 
        elects to so treat such portion.
            ``(7) Interest treated as bank eligible.--Any interest with 
        respect to any qualified Hurricane Katrina Disaster Bond shall 
        not be treated as tax-exempt interest for purposes of section 
        265(b).
    ``(d) Advance Refundings of Certain Tax-Exempt Bonds.--
            ``(1) In general.--With respect to a bond described in 
        paragraph (2) issued as part of an issue 90 percent (95 percent 
        in the case of a bond described in paragraph (2)(B)) or more of 
        the net proceeds (as defined in section 150(a)(3)) of which 
        were used to finance facilities located within the Hurricane 
        Katrina Disaster Zone (or property which is functionally 
        related and subordinate to facilities located in such Zone), 
        one additional advanced refunding after the date of the 
        enactment of this section and before January 1, 2011, shall be 
        allowed under the applicable rules of section 149(d) if--
                    ``(A) the Governor designates the advance refunding 
                bond for purposes of this subsection, and
                    ``(B) the requirements of paragraph (4) are met.
            ``(2) Bonds described.--A bond is described in this 
        paragraph if such bond was outstanding on August 28, 2005, and 
        is--
                    ``(A) a State or local bond (as defined in section 
                103(c)(1)) which is a general obligation a State or 
                political subdivision in the Hurricane Katrina Disaster 
                Zone, or
                    ``(B) a qualified 501(c)(3) bond (as defined in 
                section 145(a)) issued by or on behalf of a State or 
                political subdivision in the Hurricane Katrina Disaster 
                Zone.
            ``(3) Additional requirements.--The requirements of this 
        paragraph are met with respect to any advance refunding of a 
        bond described in paragraph (2) if--
                    ``(A) no advance refundings of such bond would be 
                allowed under any provision of law after August 28, 
                2005,
                    ``(B) the advance refunding bond is the only other 
                outstanding bond with respect to the refunded bond, and
                    ``(C) the requirements of section 148 are met with 
                respect to all bonds issued under this subsection.
    ``(e) State and Local Bonds.--For purposes of this title, any State 
or local bond issued by a State or political subdivision in which a 
part of the Hurricane Katrina Disaster Zone is located--
            ``(1) for disaster cleanup purposes, may be issued without 
        regard to any working capital financing restrictions under 
        section 148 or Federal guarantee limitations under section 
        149(b), and
            ``(2) for student loans, may be issued without regard to 
        any volume cap limitations under section 146 or any special 
        allowance payments in computing yield on such loans under 
        section 148.
    ``(f) Increase in Expensing Under Section 179.--
            ``(1) In general.--For purposes of section 179--
                    ``(A) the limitation under section 179(b)(1) shall 
                be increased by the lesser of--
                            ``(i) $100,000, or
                            ``(ii) the cost of section 179 property 
                        which is qualified Hurricane Katrina Disaster 
                        Zone property placed in service during the 
                        taxable year, and
                    ``(B) the amount taken into account under section 
                179(b)(2) with respect to any section 179 property 
                which is qualified Hurricane Katrina Disaster Zone 
                property shall be 50 percent of the cost thereof.
            ``(2) Qualified hurricane katrina disaster zone property.--
        For purposes of this subsection, the term `qualified Hurricane 
        Katrina Disaster Zone property' has the meaning given such term 
        by subsection (b)(2), except that the termination date is 
        December 31, 2007.
            ``(3) Recapture.--Rules similar to the rules under section 
        179(d)(10) shall apply with respect to any qualified Hurricane 
        Katrina Disaster Zone property which ceases to be used in the 
        Hurricane Katrina Disaster Zone.
    ``(g) Hurricane Katrina Disaster Zone.--For purposes of this 
section, the term `Hurricane Katrina Disaster Zone' means an area--
            ``(1) with respect to which a major disaster has been 
        declared by the President before September 14, 2005, under 
        section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act in connection with Hurricane Katrina, 
        and
            ``(2) which is determined by the President before such date 
        to warrant individual assistance, or individual and public 
        assistance, from the Federal Government under such Act.''.
    (b) Clerical Amendment.--The table of subchapters for chapter 1 is 
amended by adding at the end the following new item:
      ``subchapter z--hurricane katrina disaster zone benefits.''.
    (c) Satisfaction of Community Reinvestment Act Requirements.--A 
financial institution that purchases any bond described in subsection 
(c) or (d) of section 1400M of the Internal Revenue Code of 1986 shall 
be considered, for purposes of an evaluation under section 804 of the 
Community Reinvestment Act of 1977 (12 U.S.C. 2903), to be meeting the 
credit needs of its entire community, including low- and moderate-
income neighborhoods.

SEC. 742. PREMIUMS FOR MORTGAGE INSURANCE.

    (a) In General.--For purposes of section 163(h)(3) of the Internal 
Revenue Code of 1986, premiums paid or accrued for qualified mortgage 
insurance by a taxpayer during the taxable year in connection with 
acquisition indebtedness with respect to a qualified residence of the 
taxpayer located in a Hurricane Katrina Disaster Zone (as defined in 
section 1400M(g) of such Code) shall be treated as qualified residence 
interest.
    (b) Qualified Mortgage Insurance.--For purposes of this section, 
the term ``qualified mortgage insurance'' means--
            (1) mortgage insurance provided by the Veterans 
        Administration, the Federal Housing Administration, or the 
        Rural Housing Administration, and
            (2) private mortgage insurance (as defined by section 2 of 
        the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in 
        effect on the date of the enactment of this section).
    (c) Special Rules for Prepaid Qualified Mortgage Insurance.--For 
purposes of subsection (a), any amount paid by the taxpayer for 
qualified mortgage insurance that is properly allocable to any mortgage 
the payment of which extends to periods that are after the close of the 
taxable year in which such amount is paid shall be chargeable to 
capital account and shall be treated as paid in such periods to which 
so allocated. No deduction shall be allowed for the unamortized balance 
of such account if such mortgage is satisfied before the end of its 
term. The preceding sentences shall not apply to amounts paid for 
qualified mortgage insurance provided by the Veterans Administration or 
the Rural Housing Administration.
    (d) Information Returns.--
            (1) In general.--The Secretary of the Treasury may 
        prescribe, by regulations, that any person who, in the course 
        of a trade or business, receives from any individual premiums 
        for mortgage insurance with respect to a qualified residence of 
        the taxpayer located in a Hurricane Katrina Disaster Zone (as 
        so defined) aggregating $600 or more for any calendar year, 
        shall make a return with respect to each such individual. Such 
        return shall be in such form, shall be made at such time, and 
        shall contain such information as the Secretary of the Treasury 
        may prescribe.
            (2) Statement to be furnished to individuals with respect 
        to whom information is required.--Every person required to make 
        a return under paragraph (1) shall furnish to each individual 
        with respect to whom a return is made a written statement 
        showing such information as the Secretary of the Treasury may 
        prescribe. Such written statement shall be furnished on or 
        before January 31 of the year following the calendar year for 
        which the return under paragraph (1) was required to be made.
            (3) Special rules.--For purposes of this subsection, rules 
        similar to the rules of section 6050H(c) of the Internal 
        Revenue Code of 1986 shall apply.
    (d) Effective Date.--This section shall apply to amounts paid or 
accrued after the date of the enactment of this Act in taxable years 
ending after such date, and before the date which is 3 years after such 
date.

SEC. 743. SUSPENSION OF AIR TRANSPORTATION EXCISE TAXES.

    No tax imposed under section 4261 or 4271 of the Internal Revenue 
Code of 1986 shall apply with respect to any segment of taxable 
transportation (as defined in sections 4262 and 4272 of such Code) 
beginning or ending in any airport located in a Hurricane Katrina 
Disaster Zone (as defined in section 1400M(g) of such Code) during the 
3-year period beginning on August 28, 2005.

SEC. 744. RELOCATION TAX CREDIT FOR VICTIMS OF HURRICANE KATRINA.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 
is amended by adding at the end the following new section:

``SEC. 30D. RELOCATION EXPENSES FOR VICTIMS OF HURRICANE KATRINA.

    ``(a) In General.--There shall be allowed as a credit against the 
tax imposed by this chapter for the applicable taxable year an amount 
equal to the qualified relocation expenses of the taxpayer.
    ``(b) Qualified Relocation Expenses; Applicable Taxable Year.--For 
purposes of this section--
            ``(1) Qualified relocation expenses.--
                    ``(A) In general.--The term `qualified relocation 
                expenses' means the reasonable relocation expenses 
                incurred after August 26, 2005, and before January 1, 
                2008, with respect to--
                            ``(i) in the case of an individual who had 
                        a principal place of abode in a Hurricane 
                        Katrina disaster area on August 26, 2005--
                                    ``(I) the relocation such 
                                individual to any area within the 
                                United States, and
                                    ``(II) the relocation of such 
                                individual after a relocation described 
                                in subclause (I) to a location in the 
                                Hurricane Katrina disaster area in 
                                which the individual had a principal 
                                place of abode on August 26, 2005, and
                            ``(ii) in the case of a trade or business 
                        which was located in a Hurricane Katrina 
                        disaster area on August 26, 2005--
                                    ``(I) the relocation of such trade 
                                or business to any area within the 
                                United States, and
                                    ``(II) the relocation of such trade 
                                or business after a relocation 
                                described in subclause (I) to a 
                                location in the Hurricane Katrina 
                                disaster area in which the trade or 
                                business was located on August 26, 
                                2005.
                    ``(B) Relocation expenses.--The term `relocation 
                expenses' means--
                            ``(i) in the case of expenses incurred with 
                        respect to an individual described in 
                        subparagraph (A)(i), expenses described in 
                        section 217(b)(1), and
                            ``(ii) in the case of expenses incurred 
                        with respect to a trade or business described 
                        in subparagraph (A)(ii), expenses (other than 
                        expenses for meals)--
                                    ``(I) of moving any inventory or 
                                other item necessary for carrying on 
                                such trade or business, and
                                    ``(II) of traveling from the former 
                                location to the new location.
            ``(2) Taxable year in which expenses are allowed.--The term 
        `applicable taxable year' means--
                    ``(A) in the case of relocation expenses described 
                in paragraph (1)(A)(i), the taxable year of the 
                individual in which the individual relocates to a 
                location in the Hurricane Katrina disaster area in 
                which the individual had a principal place of abode on 
                August 26, 2005.
                    ``(B) in the case of relocation expenses described 
                in paragraph (1)(A)(ii), the taxable year in which the 
                trade or business of the taxpayer is relocated to a 
                location in the Hurricane Katrina disaster area in 
                which the trade or business was located on August 26, 
                2005.
            ``(3) Hurricane katrina disaster area.--The term `Hurricane 
        Katrina disaster area' means an area--
                    ``(A) with respect to which a major disaster has 
                been declared by the President before September 14, 
                2005, under section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act in 
                connection with Hurricane Katrina, and
                    ``(B) which is determined by the President before 
                such date to warrant individual assistance, or 
                individual and public assistance, from the Federal 
                Government under such Act.
    ``(c) Carryback and Carryforward Allowed.--
            ``(1) In general.--If the credit allowable under subsection 
        (a) for a taxable year exceeds the amount of the limitation 
        under subsection (d) for such taxable year (in this subsection 
        referred to as the `unused credit year'), such excess shall be 
        a credit carryback to each of the 3 taxable years preceding the 
        unused credit year and a credit carryforward to each of the 20 
        taxable years following the unused credit year, except that no 
        excess may be carried to a taxable year beginning before the 
        date of the enactment of this section. The preceding sentence 
        shall not apply to any credit carryback if such credit 
        carryback is attributable to property for which a deduction for 
        depreciation is not allowable.
            ``(2) Rules.--Rules similar to the rules of section 39 
        shall apply with respect to the credit carryback and credit 
        carryforward under paragraph (1).
    ``(d) Application With Other Credits.--The credit allowed under 
subsection (a) for any taxable year shall not exceed the excess (if 
any) of--
            ``(1) the sum of the regular tax for the taxable year and 
        the tentative minimum tax for the taxable year, over
            ``(2) the sum of the credits allowable under subpart A and 
        sections 27, 29, and 30.''.
    (b) Denial of Double Benefit.--Section 280C is amended by adding at 
the end the following new subsection:
    ``(e) Hurricane Katrina Relocation Expenses.--No deduction shall be 
allowed for the portion of the expenses otherwise allowable as a 
deduction for the taxable year which is equal to the amount of the 
credit determined for the taxable year under section 45N(a).''.
    (c) Conforming Amendment.--The table of section for subpart B of 
part IV of subchapter A of chapter 1 is amended by inserting after the 
item relating to section 30C the following new item:

        ``Sec. 30D. Relocation expenses for victims of Hurricane 
                            Katrina.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to expenses paid or incurred after August 26, 2005.

SEC. 745. 50-PERCENT INCOME TAX HOLIDAY.

    (a) In General.--In the case of an individual, there shall be 
excluded from gross income for each taxable year beginning during the 
income tax holiday period an amount equal to the lesser of--
            (1) 50 percent of the sum of--
                    (A) the eligible wages for the taxable year, plus
                    (B) the eligible net earnings from self-employment 
                for the taxable year, or
            (2) $35,000 ($70,000 in the case of a joint return).
    (b) Income Tax Holiday Period.--For purposes of this section--
            (1) In general.--Except as provided in paragraph (2), the 
        term ``income tax holiday period '' means the period beginning 
        on August 28, 2005, and ending on December 31, 2007.
            (2) Special rule for taxable year including august 28, 
        2005.--For purposes of subsection (a), any taxable year of the 
        taxpayer which includes August 28, 2005, shall be treated as a 
        taxable year beginning during the income tax holiday period, 
        except that the eligible wages and eligible net earnings from 
        self-employment of the taxpayer for such taxable year shall be 
        equal to the amount of such wages or earnings determined 
        without regard to this paragraph multiplied by a fraction--
                    (A) the numerator of which is the number of days in 
                the taxable year on and after August 28, 2005, and
                    (B) the denominator of which is the number of days 
                in the taxable year.
    (c) Eligible Wages.--For purposes of this section, the term 
``eligible wages'' means wages (as defined in section 3401(a)) received 
by the taxpayer during the taxable year for services performed by the 
taxpayer in the Hurricane Katrina Disaster Zone. For purposes of the 
preceding sentence, services shall be treated as performed in such Zone 
if substantially all of such services are so performed.
    (d) Eligible Net Earnings From Self-employment.--For purposes of 
this section--
            (1) In general.--The term ``eligible net earnings from 
        self-employment'' means the net earnings from self-employment 
        of the taxpayer for the taxable year determined under section 
        1402, except that--
                    (A) eligible wages shall not be taken into account 
                to the extent not excluded under section 1402 (b)(1), 
                and
                    (B) only self-employment income (and the deductions 
                attributable thereto) which are properly allocable to 
                the active conduct of a trade or business within the 
                Hurricane Katrina Disaster Zone shall be taken into 
                account.
            (2) Rental of property.--For purposes of paragraph (1), the 
        rental of real or personal property shall be treated as the 
        active conduct of a trade or business if--
                    (A) in the case of real property, the property is 
                located in the Hurricane Katrina Disaster Zone, and
                    (B) in the case of personal property, at least 50 
                percent of the rental of the property is by businesses 
                located in, or is by residents of, such Zone.
        The exception under section 1402(a)(1) shall not apply to self-
        employment income (and the deductions attributable thereto) 
        properly allocable to a trade or business to which this 
        paragraph applies.
    (e) Hurricane Katrina Disaster Zone.--The term ``Hurricane Katrina 
Disaster Zone'' has the meaning given such term by section 1400M(g) of 
the Internal Revenue Code of 1986.

SEC. 746. HURRICANE KATRINA DISASTER ZONE RESTORATION TAX CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by adding at the end the following new section:

``SEC. 45N. INVESTMENT IN HURRICANE KATRINA DISASTER ZONE PROPERTY.

    ``(a) Allowance of Credit.--For purposes of section 38, the 
Hurricane Katrina Disaster Zone restoration credit determined under 
this section shall equal the taxpayer's cost of Hurricane Katrina 
Disaster Zone property placed in service during the taxable year, 
multiplied by the applicable qualifying investment percentage set forth 
in subsection (b).
    ``(b) Applicable Qualifying Investment Percentage.--For purposes of 
subsection (a), the applicable qualifying investment percentages are:
            ``(1) 20 percent with respect to property placed in service 
        within 12 months following the date on which the area in which 
        such property is placed in service is declared a Hurricane 
        Katrina Disaster Zone.
            ``(2) 15 percent with respect to property placed in service 
        more than 12 months but within 24 months following such date.
            ``(3) 10 percent with respect to property placed in service 
        more than 24 months but within 36 months following such date.
    ``(c) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Hurricane katrina disaster zone property.--The term 
        `Hurricane Katrina Disaster Zone property' means property of a 
        character subject to the allowance for depreciation provided in 
        section 167--
                    ``(A) which is placed in service by the taxpayer in 
                a Hurricane Katrina Disaster Zone, and
                    ``(B) which replaces functionally similar property 
                owned by such taxpayer that was damaged or destroyed as 
                a result of the major disaster declared by the 
                President in connect with Hurricane Katrina, regardless 
                of whether the replacement property utilizes improved 
                or more advanced technologies than the property being 
                replaced, and
                    ``(C) the basis of which is not taken into account 
                for any other credit under this title.
            ``(2) Hurricane katrina disaster zone.--The term `Hurricane 
        Katrina Disaster Zone' has the meaning given to such term by 
        section 1400M(g).
            ``(3) No reduction in basis.--The provisions of section 
        50(c) shall not apply to reduce the basis of Hurricane Katrina 
        Disaster Zone property.''.
    (b) Additional Carryback of Credit Allowed.--Section 39(a) is 
amended by adding at the end the following new paragraph:
            ``(4) 3-year carryback for hurricane katrina disaster zone 
        restoration credit.--Notwithstanding subsection (d), in the 
        case of the Hurricane Katrina Disaster Zone restoration credit 
        under section 45N--
                    ``(A) this section shall be applied separately from 
                the business credit (other than the Hurricane Katrina 
                Disaster Zone restoration credit), and
                    ``(B) paragraph (1) shall be applied by 
                substituting `3 taxable years' for `1 taxable year' in 
                subparagraph (A) thereof.''.
    (c) Credit Allowed Against Regular and Minimum Tax.--Section 
38(c)(4)(B) is amended by striking the period at the end of clause 
(ii)(II) and inserting ``, and'' and by adding at the end the following 
new clause:
                            ``(iii) the credit determined under section 
                        45N.''.
    (d) Conforming Amendments.--Subsection (b) of section 38 is amended 
by striking ``and'' at the end of paragraph (25), by striking the 
period at the end of paragraph (26) and inserting ``, and'' by adding 
at the end the following new paragraph:
            ``(27) the Hurricane Katrina Disaster Zone restoration 
        credit determined under section 45N.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred after the date of the enactment of 
this Act with respect to property placed in service after such date and 
before January 1, 2008.

SEC. 747. 5-YEAR CARRYBACK OF NET OPERATING LOSSES AND TEMPORARY 
              SUSPENSION OF 90 PERCENT AMT LIMIT FOR BUSINESSES IN 
              HURRICANE KATRINA DISASTER ZONE.

    (a) In General.--Section 172(b)(1)(H) is amended by striking 
``during 2001 or 2002'' and inserting ``during 2005 or 2006 arising 
from the trade or business of any taxpayer located in the Hurricane 
Katrina Disaster Zone (as defined in section 1400M(g))''.
    (b) Temporary Suspension.--Section 56(d)(1)(A)(ii)(I) is amended--
            (1) by striking ``during 2001 or 2002'' and inserting 
        ``during 2005 or 2006 arising from the trade or business of any 
        taxpayer located in the Hurricane Katrina Disaster Zone (as 
        defined in section 1400M(g))'', and
            (2) by striking ``during 2001 and 2002'' and inserting 
        ``during 2005 and 2006 arising from the trade or business of 
        any taxpayer located in the Hurricane Katrina Disaster Zone (as 
        defined in section 1400M(g))''.
    (c) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by this section shall apply to net operating 
        losses for taxable years ending after December 31, 2004.
            (2) Temporary suspension.--The amendments made by 
        subsection (b) shall apply to taxable years ending before 
        January 1, 2007.

SEC. 748. ALLOWANCE OF INCOME TAX CREDIT TO SMALL BUSINESSES WHOSE 
              OPERATIONS WERE SIGNIFICANTLY INTERRUPTED BY HURRICANE 
              KATRINA.

    (a) Allowance of Credit.--
            (1) In general.--In the case of an eligible small employer, 
        there shall be allowed as a credit against the tax imposed by 
        subtitle A of the Internal Revenue Code of 1986 for any taxable 
        year of the taxpayer which includes August 28 of 2005, 2006, or 
        2007, an amount equal to the lesser of--
                    (A) $1,000 multiplied by the number of eligible 
                employees of the employer, or
                    (B) $100,000.
            (2) Treatment of credit.--For purposes of the Internal 
        Revenue Code of 1986, except as otherwise provided in this 
        section, any credit allowed under this section shall be treated 
        in the same manner as a credit allowed under subpart B of part 
        IV of subchapter A of chapter 1 of such Code.
    (b) Limitation Based on Amount of Tax.--
            (1) In general.--The credit allowed by subsection (a) for 
        any taxable year shall not exceed the sum of--
                    (A) the regular tax for the taxable year reduced by 
                the sum of the credits allowed under subparts A and B 
                of part IV of subchapter A of chapter 1 of the Internal 
                Revenue Code of 1986, plus
                    (B) the tax imposed by section 55(a) of such Code 
                for the taxable year.
            (2) Unlimited carryforward of credit.--If the amount of the 
        credit allowable under subsection (a) for any taxable year 
        exceeds the limitation under paragraph (1), such excess shall 
        be treated as a carryover to all succeeding taxable years and, 
        subject to the limitation under paragraph (1), shall be added 
        to the credits allowed by subpart B of part IV of subchapter A 
        of chapter 1 of such Code for any such succeeding taxable year.
    (c) Eligible Small Employer and Employee Defined.--For purposes of 
this section--
            (1) Eligible small employer.--
                    (A) In general.--The term ``eligible small 
                employer'' means an employer which--
                            (i) was engaged in the active conduct of a 
                        trade or business in a Hurricane Katrina 
                        disaster area on August 28, 2005,
                            (ii) employed an average of more than 1 but 
                        less than 300 employees on business days during 
                        the 1-year period ending on such date (or, if 
                        shorter, the period of its existence) whose 
                        principal place of employment was in such an 
                        area,
                            (iii) meets the business interruption test 
                        of subparagraph (B). and
                            (iv) has resumed in a Hurricane Katrina 
                        disaster area substantially all of the 
                        operations of the trade or business described 
                        in paragraph (1) on or before December 31, 
                        2006.
                    (B) Business interruption test.--An employer meets 
                the requirements of this subparagraph if--
                            (i) the employer is required to suspend all 
                        or part of the active conduct of a trade or 
                        business described in subparagraph (A)(i) by 
                        reason of Hurricane Katrina, and
                            (ii) the gross receipts of such employer 
                        from the active conduct of the trade or 
                        business for the taxable year are at least 20 
                        percent less than the gross receipts for the 
                        preceding taxable year (or if the business was 
                        not in existence for all or a portion of the 
                        preceding taxable year, at least 20 percent 
                        less than the gross receipts which could have 
                        been reasonably been expected to receive based 
                        on the gross receipts of the trade or business 
                        during its existence).
            (2) Eligible employee.--The term ``eligible employee'' 
        means an employee of an employer--
                    (A) who is employed in the active conduct of the 
                trade or business described in paragraph (1)(A)(i) on 
                the date substantially all of the operations of such 
                trade or business were resumed, and
                    (B) whose principal place of employment is in a 
                Hurricane Katrina disaster area.
        For purposes of subsection (a)(1)(A), the number of eligible 
        employees with respect to any trade or business shall not 
        exceed the average number of employees described in paragraph 
        (1)(A)(ii).
    (d) Definitions and Special Rules.--For purposes of this section--
            (1) Hurricane katrina disaster area.--The term ``Hurricane 
        Katrina disaster area'' means an area--
                    (A) with respect to which a major disaster has been 
                declared by the President before September 14, 2005, 
                under section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act in connection with 
                Hurricane Katrina, and
                    (B) which is determined by the President before 
                such date to warrant individual assistance, or 
                individual and public assistance, from the Federal 
                Government under such Act.
            (2) Aggregation rule.--All employers treated as a single 
        employer under subsections (a) or (b) of section 52 of the 
        Internal Revenue Code of 1986 shall be treated as 1 employer.
            (3) Application of dollar limit.--The $100,000 limit under 
        subsection (a) (1)(B) shall--
                    (A) in the case of employers aggregated under 
                paragraph (2), be allocated in such manner as such 
                employers provide,
                    (B) in the case of a partnership, S corporation, 
                trust, or other passthru entity, be applied at both the 
                entity and the partner, shareholder, beneficiary, or 
                other beneficial owner level, and
                    (C) in the case of a taxpayer operating more than 1 
                trade or business, apply on an aggregate base to all 
                such trades or businesses.
            (4) Gross receipts.--Rules similar to the rules of 
        subparagraphs (B), (C), and (D) of section 448(c)(3) of such 
        Code shall apply in determining gross receipts for any period.
    (e) Treatment of Persons Not Able to Use Entire Credit.--
            (1) In general.--A taxpayer may transfer any credit allowed 
        under subsection (a) through an assignment to any other person 
        . Such transfer may be revoked only with the consent of the 
        Secretary of the Treasury.
            (2) Regulations.--The Secretary of the Treasury shall 
        prescribe such regulations as necessary to ensure that any 
        credit described in paragraph (1) is claimed once and not 
        reassigned by such other person.
            (3) Satisfaction of community reinvestment act 
        requirements.--A financial institution that purchases any 
        credit under paragraph (1) shall be considered, for purposes of 
        an evaluation under section 804 of the Community Reinvestment 
        Act of 1977 (12 U.S.C. 2903), to be meeting the credit needs of 
        its entire community, including low- and moderate-income 
        neighborhoods.

SEC. 749. HOME PURCHASE BY VICTIMS OF HURRICANE KATRINA.

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

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

    ``(a) Allowance of Credit.--In the case of an eligible homebuyer 
who purchases a principal residence in a Hurricane Katrina Disaster 
Zone, there shall be allowed as a credit against the tax imposed by 
this chapter for the taxable year an amount equal to so much of the 
purchase price of the residence as does not exceed $50,000.
    ``(b) Limitation Based on Modified Adjusted Gross Income.--
            ``(1) In general.--The amount allowable as a credit under 
        subsection (a) (determined without regard to this subsection 
        and subsection (d)) for the taxable year shall be reduced (but 
        not below zero) by the amount which bears the same ratio to the 
        credit so allowable as--
                    ``(A) the excess (if any) of--
                            ``(i) the taxpayer's modified adjusted 
                        gross income for such taxable year, over
                            ``(ii) $70,000 ($110,000 in the case of a 
                        joint return), bears to
                    ``(B) $20,000.
            ``(2) Modified adjusted gross income.--For purposes of 
        paragraph (1), the term `modified adjusted gross income' means 
        the adjusted gross income of the taxpayer for the taxable year 
        increased by any amount excluded from gross income under 
        section 911, 931, or 933.
    ``(c) Eligible Homebuyer.--For purposes of this section--
            ``(1) In general.--The term `eligible homebuyer' means any 
        individual if--
                    ``(A) on August 29, 2005, the principal place of 
                abode of such individual (and if married, such 
                individual's spouse) was located in a Hurricane Katrina 
                Disaster Zone, and such principal place of abode was 
                rendered uninhabitable by Hurricane Katrina, and
                    ``(B) the principal residence for which the credit 
                is allowed under subsection (a) is located in the same 
                State as such principal place of abode.
            ``(2) One-time only.--If an individual is allowed a credit 
        under this section with respect to any principal residence, 
        such individual may not be allowed a credit under this section 
        with respect to any other principal residence.
            ``(3) Principal residence.--The term `principal residence' 
        has the same meaning as when used in section 121.
    ``(d) Application With Other Credits.--The credit allowed under 
subsection (a) for any taxable year shall not exceed the excess (if 
any) of--
            ``(1) the sum of the regular tax for the taxable year and 
        the tentative minimum tax for the taxable year, over
            ``(2) the sum of the credits allowable under this subpart 
        and sections 27, 29, and 30.
    ``(e) Carryover of Credit.--If the credit allowable under 
subsection (a) exceeds the limitation imposed by section 26(a) for such 
taxable year reduced by the sum of the credits allowable under this 
subpart (other than this section and sections 23, 24, 25B, and 1400C) 
such excess shall be carried to the succeeding taxable year and added 
to the credit allowable under subsection (a) for such taxable year.
    ``(f) Other Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Hurricane katrina disaster zone.--The term `Hurricane 
        Katrina Disaster Zone' has the meaning given to such term by 
        section 1400M(g).
            ``(2) Allocation of dollar limitation.--
                    ``(A) Married individuals filing separately.--In 
                the case of a married individual filing a separate 
                return, subsection (a) shall be applied by substituting 
                `$25,000' for `$50,000'.
                    ``(B) Other taxpayers.--If 2 or more individuals 
                who are not married purchase a principal residence, the 
                amount of the credit allowed under subsection (a) shall 
                be allocated among such individuals in such manner as 
                the Secretary may prescribe, except that the total 
                amount of the credits allowed to all such individuals 
                shall not exceed $50,000.
            ``(3) Purchase.--
                    ``(A) In general.--The term `purchase' means any 
                acquisition, but only if--
                            ``(i) the property is not acquired from a 
                        person whose relationship to the person 
                        acquiring it would result in the disallowance 
                        of losses under section 267 or 707(b) (but, in 
                        applying section 267(b) and (c) for purposes of 
                        this section, paragraph (4) of section 267(c) 
                        shall be treated as providing that the family 
                        of an individual shall include only his spouse, 
                        ancestors, and lineal descendants), and
                            ``(ii) the basis of the property in the 
                        hands of the person acquiring it is not 
                        determined--
                                    ``(I) in whole or in part by 
                                reference to the adjusted basis of such 
                                property in the hands of the person 
                                from whom acquired, or
                                    ``(II) under section 1014(a) 
                                (relating to property acquired from a 
                                decedent).
                    ``(B) Construction.--A residence which is 
                constructed by the taxpayer shall be treated as 
                purchased by the taxpayer on the date the taxpayer 
                first occupies such residence.
            ``(4) Purchase price.--The term `purchase price' means the 
        adjusted basis of the principal residence on the date such 
        residence is purchased.
    ``(g) Reporting.--If the Secretary requires information reporting 
under section 6045 by a person described in subsection (e)(2) thereof 
to verify the eligibility of taxpayers for the credit allowable by this 
section, the exception provided by section 6045(e)(5) shall not apply.
    ``(h) Basis Adjustment.--For purposes of this subtitle, if a credit 
is allowed under this section with respect to the purchase of any 
residence, the basis of such residence shall be reduced by the amount 
of the credit so allowed.
    ``(i) Treatment of Persons Not Able to Use Entire Credit.--
            ``(1) In general.--A taxpayer may transfer any credit 
        allowed under subsection (a) through an assignment to any other 
        person . Such transfer may be revoked only with the consent of 
        the Secretary of the Treasury.
            ``(2) Regulations.--The Secretary of the Treasury shall 
        prescribe such regulations as necessary to ensure that any 
        credit described in paragraph (1) is claimed once and not 
        reassigned by such other person.
            ``(3) Satisfaction of community reinvestment act 
        requirements.--A financial institution that purchases any 
        credit under paragraph (1) shall be considered, for purposes of 
        an evaluation under section 804 of the Community Reinvestment 
        Act of 1977 (12 U.S.C. 2903), to be meeting the credit needs of 
        its entire community, including low- and moderate-income 
        neighborhoods.
    ``(j) Application of Section.--This section shall apply to property 
purchased after August 28, 2005, and before January 1, 2007.''.
    (b) Conforming Amendment.--Section 1016(a) of such Code is amended 
by striking ``and'' at the end of paragraph (36), by striking the 
period at the end of paragraph (37) and inserting ``, and'', and by 
adding at the end the following new paragraph:
            ``(38) to the extent provided in section 25E(h).''.
    (c) Clerical Amendment.--The table of sections for subpart A of 
part IV of subchapter A of chapter 1 of such Code is amended by 
inserting after the item relating to section 25D the following new 
item:

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

SEC. 750. EXPEDITED REFUND CLAIMS.

    The Commissioner of Internal Revenue shall establish a special 
office to expedite any refund claims resulting from the provisions of, 
and amendments made by, this Act.

SEC. 751. APPLICATION OF NEW MARKET TAX CREDIT TO INVESTMENTS IN 
              COMMUNITY DEVELOPMENT ENTITIES SERVING AREAS AFFECTED BY 
              HURRICANE KATRINA.

    (a) In General.--Subsection (e) of section 45D is amended by adding 
at the end the following new paragraph:
            ``(6) Areas affected by hurricane katrina.--The term `low-
        income community' shall include any Hurricane Katrina Disaster 
        Zone (as defined in section 1400M(g)).''.
    (b) Increase in National Limitation.--Paragraph (1) of section 
45D(f) is amended by striking subparagraphs (C) and (D) and inserting 
after subparagraph (B) the following new subparagraphs:
                    ``(C) $6,000,000,000 for 2005, of which 
                $4,000,000,000 is allocated among qualified community 
                development entities to make qualified low-income 
                community investments within a low-income community 
                described in subsection (e)(6), and
                    ``(D) $6,500,000,000 for 2006 and 2007, of which 
                $3,000,000,000 for each year is allocated among 
                qualified community development entities to make 
                qualified low-income community investments within a 
                low-income community described in subsection (e)(6).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to investments made after August 29, 2005.

SEC. 752. MODIFICATIONS TO LOW-INCOME HOUSING CREDIT.

    (a) Modification of Credit Allocation.--In the case of the State of 
Louisiana--
            (1) section 42(h)(2)(C)(ii)(I) of the Internal Revenue Code 
        of 1986 (relating to State housing credit ceiling) shall be 
        applied by substituting ``$3.70'' for ``$1.75'' for calendar 
        years 2006 and 2007, and
            (2) section 42(h)(2)(D)(i) of such Code (relating to unused 
        housing credit carryovers allocated among certain States) shall 
        not apply to the State's unused housing credit carryover for 
        calendar year 2006.
    (b) Modification of Qualified Low-Income Housing Project.--
            (1) In general.--In determining if any project for 
        residential rental property located in any Hurricane Katrina 
        disaster area (as defined in section 700A) in the State of 
        Louisiana and placed in service after the date of the enactment 
        of this Act in any taxable year beginning in 2005, 2006, or 
        2007, is a qualified low-income housing property under section 
        42(g)(1) of the Internal Revenue Code of 1986, such section 
        shall be applied by allowing the taxpayer to elect to meet the 
        requirements of paragraph (2).
            (2) 60-80 Test.--A project described in paragraph (1) meets 
        the requirements of this paragraph if 60 percent or more of the 
        residential units in such project are both rent-restricted and 
        occupied by individuals whose income is 80 percent or less of 
        area median income.
    (c) Modification of High Cost Area Determination.--In the case of 
any building located in any Hurricane Katrina disaster area (as defined 
in section 700A) in the State of Louisiana and placed in service after 
the date of the enactment of this Act in any taxable year beginning in 
2005, 2006, or 2007, section 42(d)(5)(C) shall apply by substituting 
``not less than 130 percent nor more than 200 percent (as determined 
under section 42(m)(2) by the housing credit agency)'' for ``130 
percent''.
    (d) Authorization of Regulations for LIHTC Properties Financed With 
Bonds.--Section 142(d) (relating to qualified residential rental 
project) is amended by adding at the end the following new paragraph:
            ``(8) Regulations.--The Secretary shall prescribe such 
        regulations as may be necessary or appropriate to carry out the 
        purposes of this subsection, including regulations--
                    ``(A) dealing with--
                            ``(i) projects which include more than 1 
                        building or only a portion of a building,
                            ``(ii) buildings which are placed in 
                        service in portions,
                    ``(B) providing for the application of this 
                subsection to short taxable years,
                    ``(C) preventing the avoidance of the rules of this 
                subsection, and
                    ``(D) providing the opportunity for housing credit 
                agencies to correct administrative errors and omissions 
                with respect to allocations and record keeping within a 
                reasonable period after their discovery, taking into 
                account the availability of regulations and other 
                administrative guidance from the Secretary.''.

SEC. 753. ESTATE TAX RELIEF FOR HURRICANE KATRINA VICITMS.

    (a) In general.--Subsection (b) of section 2201 is amended by 
striking ``and'' at the end of paragraph (2), by striking the period at 
the end of paragraph (3) and inserting ``, and'', and by adding at the 
end the following new paragraph::
            ``(4) any specified Hurricane Katrina victim.''.
    (b) Specified Hurricane Katrina Victim.--Section 2201 is amended by 
adding at the end the following new subsection:
    ``(e) Specified Hurricane Katrina Victim.--For purposes of this 
section, the term `specified Hurricane Katrina victim' means any 
decedent who dies in a Hurricane Katrina Disaster Zone (as defined in 
section 1400M(g)) as a result of wounds, injury, or illness, or the 
inability to obtain treatment for an existing illness by reason of 
Hurricane Katrina.''.
    (c) Clerical Amendments.--
            (1) The heading of section 2201 is amended by striking 
        ``and deaths of victims of certain terrorist attacks'' and 
        inserting ``deaths of victims of certain terrorist attacks, and 
        deaths of victims of hurricane katrina''.
            (2) The item relating to section 2201 in the table of 
        sections for subchapter C of chapter 11 is amended by striking 
        ``and deaths of victims of certain terrorist attacks'' and 
        inserting ``deaths of victims of certain terrorist attacks, and 
        deaths of victims of Hurricane Katrina''.
    (d) Effective Date.--The amendments made by this section shall 
apply to estates of decedents dying on or after August 29, 2005.

SEC. 754. ISSUANCE OF GULF OPPORTUNITY BONDS.

    Section 3105 of title 31, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) The Secretary may designate one or more series of bonds or 
certificates (or any portion thereof) under this section as `Gulf 
Opportunity Bonds' in response to the devastation of Hurricane Katrina 
on August 28, 2005.''.

                TITLE VIII--LAW ENFORCEMENT IMPROVEMENTS

SEC. 801. DEFINITION OF UNITS OF LOCAL GOVERNMENT.

    For the purposes of eligibility for grant programs administered by 
the Department of Justice and Department of Homeland Security in the 
State of Louisiana, parish Sheriffs or District Attorneys are to be 
considered the unit of local government.

SEC. 802. SPECIAL INSPECTOR GENERAL FOR RELIEF AND RECONSTRUCTION.

    (a) Short Title.--This section may be cited as the ``Special 
Inspector General for Relief and Reconstruction Act of 2005''.
    (b) Redesignation.--(1) Section 3001 of the Emergency Supplemental 
Appropriations Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234; 5 U.S.C. App. 3 
section 8G note) is amended--
            (A) in subsection (b), by striking ``Office of the Special 
        Inspector General for Iraq Reconstruction'' and inserting 
        ``Office of the Special Inspector General for Relief and 
        Reconstruction''; and
            (B) in subsection (c)(1), by striking all after ``The head 
        of the Office of the Special Inspector General'' and inserting 
        ``for Relief and Reconstruction is the Special Inspector 
        General for Relief and Reconstruction (in this section referred 
        to as the `Inspector General'). If a vacancy occurs after the 
        service of the individual as provided under subsection (b) of 
        the Special Inspector General for Relief and Reconstruction Act 
        of 2005, the Inspector General shall be appointed by the 
        Director of the Office of Management and Budget.''.
    (2)(A) The heading of such section is amended to read as follows:

``SEC. 3001. SPECIAL INSPECTOR GENERAL FOR RELIEF AND 
              RECONSTRUCTION.''.

    (B) The heading of title III of such Act is amended to read as 
follows:

``TITLE III--SPECIAL INSPECTOR GENERAL FOR RELIEF AND RECONSTRUCTION''.

    (c) Continuation in Office.--The individual serving as the Special 
Inspector General for Iraq Reconstruction as of the date of the 
enactment of this Act may continue to serve as the Special Inspector 
General for Relief and Reconstruction (with all additional duties and 
responsibilities as provided under this section) after that date 
without reappointment under paragraph (1) of section 3001(c) of the 
Emergency Supplemental Appropriations Act for Defense and for the 
Reconstruction of Iraq and Afghanistan, 2004, but remaining subject to 
removal as specified in paragraph (4) of that section.
    (d) Purposes.--Subsection (a) of such section is amended--
            (1) in paragraph (1), by inserting ``and for Hurricane 
        Katrina recovery activities'' after ``Iraq Relief and 
        Reconstruction Fund'';
            (2) in paragraph (3), by striking ``the Secretary of State 
        and the Secretary of Defense'' and inserting ``the Secretary of 
        State, the Secretary of Homeland Security, the Secretary of 
        Defense, and the heads of other Federal agencies, as 
        appropriate,''.
    (e) Responsibilities of Assistant Inspector General for Auditing.--
Subsection (d) of such section is amended to read as follows:
    ``(d) Assistant Inspectors General.--(1) The Inspector General 
shall, in accordance with applicable laws and regulations governing the 
civil service--
            ``(A) appoint 1 or more Assistant Inspectors General for 
        Auditing who shall have the responsibility for supervising the 
        performance of auditing activities relating to--
                    ``(i) programs and operations supported by the Iraq 
                Relief and Reconstruction Fund; and
                    ``(ii) programs and operations relating to 
                Hurricane Katrina recovery activities; and
            ``(B) appoint 1 or more Assistant Inspectors General for 
        Investigations who shall have the responsibility for 
        supervising the performance of investigative activities 
        relating to such programs and operations.''.
    (f) Supervision.--Such section is further amended--
            (1) in subsection (e)--
                    (A) in paragraph (1), by striking ``the Secretary 
                of State and the Secretary of Defense'' and inserting 
                ``the Director of the Office of Management and Budget, 
                the Secretary of State, and the Secretary of Defense''; 
                and
                    (B) in paragraph (2)--
                            (i) by striking ``Department of Defense, 
                        the Department of State, or the United States 
                        Agency for International Development'' and 
                        inserting ``Federal Government''; and
                            (ii) by inserting ``and Hurricane Katrina 
                        recovery activities'' after ``Iraq Relief and 
                        Reconstruction Fund'';
            (2) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) by inserting ``(A)'' after ``(1)'';
                            (ii) by redesignating subparagraphs (A) 
                        through (E) as clauses (i) through (v), 
                        respectively; and
                            (iii) by adding at the end the following:
                    ``(B) It shall be the duty of the Inspector General 
                to conduct and coordinate audits and investigations of 
                the treatment, handling, and expenditure of amounts 
                appropriated or otherwise made available for Hurricane 
                Katrina recovery by the Federal Government, and of the 
                programs, operations, and contracts carried out 
                utilizing such funds, including--
                            ``(i) the oversight and accounting of the 
                        obligation and expenditure of such funds;
                            ``(ii) the monitoring and review of 
                        reconstruction activities funded by such funds;
                            ``(iii) the monitoring and review of 
                        contracts funded by such funds;
                            ``(iv) the monitoring and review of the 
                        transfer of such funds and associated 
                        information between and among departments, 
                        agencies, and entities of the United States, 
                        State and local governments, and private and 
                        nongovernmental entities;
                            ``(v) the maintenance of records on the use 
                        of such funds to facilitate future audits and 
                        investigations of the use of such funds; and
                            ``(vi) the monitoring of Federal grants and 
                        benefit programs.''; and
                    (B) in paragraph (4)--
                            (i) by inserting ``(A)'' after ``(4)'';
                            (ii) by striking all after ``cooperation 
                        of'' and inserting ``the inspectors general and 
                        auditing entities of all other Federal 
                        departments and agencies, and State and local 
                        government entities.''; and
                            (iii) by adding at the end the following:
                    ``(B)(i) The Inspector General shall ensure, to the 
                greatest extent possible, that the activities of the 
                Inspector General do not duplicate audits and 
                investigations of inspectors general and other auditors 
                of Federal departments and agencies, and State and 
                local government entities.
                    ``(ii) The Inspector General shall notify the 
                inspector general of the relevant agency or department 
                before initiating an audit or investigation relating to 
                Hurricane Katrina activities.
                    ``(iii) Nothing in this section shall be construed 
                to limit the statutory authority of inspectors general 
                to conduct audits or investigations relating to 
                Hurricane Katrina activities.'';
            (3) in subsection (h)(4)(B), by striking ``Secretary of 
        State or Secretary of Defense'' and inserting ``Director of the 
        Office of Management and Budget and heads of relevant 
        agencies''; and
            (4) in subsection (h)(5)--
                    (A) by inserting ``(A)'' after ``(5)'';
                    (B) by inserting ``for activities relating to 
                Iraq'' after ``operation of such offices''; and
                    (C) by adding at the end the following:
                    ``(B) The Secretary of Homeland Security shall 
                provide the Inspector General with appropriate and 
                adequate office space, together with such equipment, 
                office supplies, and communications facilities and 
                services as may be necessary for the operations of such 
                offices for activities relating to Hurricane Katrina, 
                and shall provide necessary maintenance services for 
                such offices and equipment and facilities located 
                therein.''.
    (g) Reports Relating to the Iraqi Relief and Reconstruction.--
Subsection (i) of such section is amended by adding at the end the 
following:
            ``(7)(A) The Inspector General shall also submit each 
        report under this subsection to the Secretary of State and the 
        Secretary of Defense.
            ``(B)(i) Not later than 30 days after receipt of a report 
        under subparagraph (A), the Secretary of State and the 
        Secretary of Defense may submit to the appropriate committees 
        of Congress any comments on the matters covered by the report 
        as the Secretary of State or the Secretary of Defense, as the 
        case may be, considers appropriate.
            ``(ii) A report under this subparagraph may include a 
        classified annex if the Secretary of State or the Secretary of 
        Defense, as the case may be, considers it necessary.''.
    (h) Reports Relating to Hurricane Katrina Relief and 
Reconstruction.--Subsection (j) of such section is amended to read as 
follows:
    ``(j) Reports Relating to Hurricane Katrina Relief and 
Reconstruction.--(1)(A) At the end of each calendar quarter, beginning 
with the first full quarter after the date of enactment of the Special 
Inspector General for Relief and Reconstruction Act of 2005, the 
Inspector General shall submit to the appropriate committees of 
Congress a report summarizing for the period of that quarter the 
activities of the Inspector General and of the Hurricane Katrina 
recovery activities of the Federal Government. Each report shall 
include, for the period covered by such report, a detailed statement of 
all obligations, expenditures, and revenues associated with recovery 
activities for Hurricane Katrina, including the following:
            ``(i) Obligations and expenditures of appropriated funds.
            ``(ii) Accounting of the costs incurred to date for 
        Hurricane Katrina recovery, together with the estimate of the 
        Federal Government's costs to complete each project and each 
        program.
            ``(iii) Operating expenses of any Federal departments, 
        agencies, or entities receiving appropriated funds for 
        Hurricane Katrina recovery activities.
            ``(iv) In the case of any contract described in paragraph 
        (2)--
                    ``(I) the amount of the contract or other 
                agreement;
                    ``(II) a brief discussion of the scope of the 
                contract or other agreement;
                    ``(III) a discussion of how the contracting 
                department or agency identified, and solicited offers 
                from, potential contractors to perform the contract, 
                together with a list of the potential contractors that 
                were issued solicitations for the offers; and
                    ``(IV) the justification and approval documents on 
                which was based the determination to use procedures 
                other than procedures that provide for full and open 
                competition.
    ``(B) The first quarterly report required to be submitted under 
subparagraph (A) shall also summarize activities for Hurricane Katrina 
recovery undertaken before that quarter.
    ``(2) A contract described in this paragraph is any major contract 
or other agreement that is entered into by any department or agency of 
the United States Government that involves the use of amounts 
appropriated or otherwise made available for Hurricane Katrina recovery 
with any public or private sector entity.
    ``(3) Not later than 45 days after the date of enactment of the 
Special Inspector General for Relief and Reconstruction Act of 2005, 
the Inspector General shall submit to the appropriate committees of 
Congress an interim report on the status of Hurricane Katrina recovery 
activities of the Federal Government. The interim report shall include 
the following:
            ``(A) The operational activities of the Office of the 
        Special Inspector General for Relief and Reconstruction.
            ``(B) The status of auditors and investigators deployed to 
        the Gulf of Mexico region of the United States.
            ``(C) A strategic plan for oversight, including audits of 
        no bid contracts.
            ``(D) Vulnerabilities identified and immediate actions to 
        address such vulnerabilities.
            ``(E) Measures taken to coordinate interagency oversight 
        elements.
    ``(4) Not later than March 31, 2006, and semiannually thereafter, 
the Inspector General shall submit to the appropriate committees of 
Congress a report meeting the requirements of section 5 of the 
Inspector General Act of 1978 (5 U.S.C. App.).
    ``(5) The Inspector General shall publish each report under this 
subsection on an accessible Federal Government Internet Web site.
    ``(6) Nothing in this subsection shall be construed to authorize 
the public disclosure of information that is--
            ``(A) specifically prohibited from disclosure by any other 
        provision of law;
            ``(B) specifically required by Executive order to be 
        protected from disclosure in the interest of national defense 
        or national security or in the conduct of foreign affairs; or
            ``(C) a part of an ongoing criminal investigation.
    ``(7)(A) The Inspector General shall also submit each report under 
this subsection to the Director of the Office of Management and Budget, 
Secretary of Defense, or heads of other appropriate agencies.
            ``(B) Not later than 30 days after receipt of a report 
        under paragraph (1), the Director of the Office of Management 
        and Budget and the heads of other appropriate agencies may 
        submit to the appropriate committees of Congress any comments 
        on the matters covered by the report as the Director of the 
        Office of Management and Budget and heads of relevant agencies 
        consider appropriate.
    ``(8) The Inspector General shall respond to any reasonable summons 
to appear and testify before any duly constituted committee of 
Congress.''.
    (i) Transparency.--Subsection (k) of such section is amended--
            (1) in paragraph (1), by striking ``subsection (i), the 
        Secretary of State and the Secretary of Defense shall jointly'' 
        and inserting ``subsection (i) or (j), the Director of the 
        Office of Management and Budget and the heads of the relevant 
        departments shall''; and
            (2) in paragraph (2), by striking ``subsection (j)(2) of 
        comments on a report under subsection (i), the Secretary of 
        State and the Secretary of Defense shall jointly'' and 
        inserting ``subsection (i)(7)(B) or (j)(7)(B) of comments on a 
        report under subsection (i) or (j), the Director of the Office 
        of Management and Budget and the heads of relevant departments 
        shall''.
    (j) Waiver.--Subsection (l) of such section is amended--
            (1) in paragraph (1), by inserting ``or paragraph (1) or 
        (3) of subsection (j)'' after ``subsection (i)''; and
            (2) in paragraph (2), by inserting ``or paragraph (1) or 
        (3) of subsection (j)'' after ``subsection (i)''.
    (k) Appropriate Committees of Congress.--Subsection (m) of such 
section is amended--
            (1) in paragraph (1), by striking ``and Foreign Relations'' 
        and inserting ``Foreign Relations, and Homeland Security and 
        Governmental Affairs''; and
            (2) in paragraph (2), by striking ``and International 
        Relations'' and inserting ``International Relations, and 
        Homeland Security''.
    (l) Funding.--Subsection (n) of such section is amended by adding 
at the end the following:
            ``(3) There are authorized to be appropriated to the Office 
        of the Special Inspector General for Relief and Reconstruction 
        to carry out the responsibilities of the Special Inspector 
        General relating to Hurricane Katrina recovery $80,000,000 for 
        fiscal year 2006.''.
    (m) Termination.--Subsection (o) of such section is amended to read 
as follows:
    ``(o) Termination.--(1)(A) The responsibilities of the Office of 
the Special Inspector General for Relief and Reconstruction with 
respect to the Iraq Relief and Reconstruction Fund shall terminate on 
the date that is 10 months after the date, as determined by the 
Secretary of State and Secretary of Defense, on which 80 percent of the 
amounts appropriated or otherwise made available to the Iraq Relief and 
Reconstruction Fund by chapter 2 of title II of this Act have been 
obligated.
    ``(B) The responsibilities of the Office of the Special Inspector 
General for Relief and Reconstruction with respect to Hurricane Katrina 
recovery activities shall terminate 2 years after the date of enactment 
of the Special Inspector General for Relief and Reconstruction Act of 
2005.
    ``(2) The Office of the Special Inspector General for Relief and 
Reconstruction shall terminate on the later date occurring under 
subparagraph (A) or (B) of paragraph (1).''.

SEC. 803. GENERAL ACCOUNTABILITY OFFICE REPORT.

    The General Accountability Office shall track spending of money 
appropriated in each Hurricane Katrina emergency supplemental 
appropriations and report to Congress quarterly on how that money is 
spent.

SEC. 804. CREATING FEDERAL CRIME OF INTERFERING WITH FEDERAL DISASTER 
              RELIEF EFFORTS.

    (a) In General.--Chapter 65 of title 18, United States Code, is 
amended by adding the following new section:
``Sec. 1370. Interference with Federal disaster relief efforts
    ``(a) Prohibited Conduct.--Whoever, during a presidentially-
declared major disaster or emergency--
            ``(1) forcibly assaults, resists, opposes, impedes, 
        intimidates, or interferes with any officer or employee of the 
        United States or of any agency in any branch of the United 
        States Government (including any member of the uniformed 
        services) while such officer or employee is engaged in or on 
        account of the performance of official duties relating to, or 
        in support of recovery from, the presidentially-declared 
        disaster or emergency, or any person assisting such an officer 
        or employee in the performance of such duties or on account of 
        that assistance; or
            ``(2) forcibly assaults, resists, opposes, impedes, 
        intimidates, or interferes with any person providing services 
        in support of disaster relief efforts and working in 
        coordination with a Federal coordinating officer appointed 
        pursuant to section 302, Public Law 98-288 (42 U.S.C. 5143), 
        shall, except as provided in subsection (b) of this section, be 
        fined under this title or imprisoned not more than two years, 
        or both.
    ``(b) Enhanced Penalty.--Whoever, in the commission of and in 
relation to any act described in subsection (a) of this section, 
carries, possesses or uses a deadly or dangerous weapon or inflicts 
serious bodily injury, shall be fined under this title or imprisoned 
not more than 15 years or both, or, if the death of any person results, 
shall be punished by death or life imprisonment.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 86 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1370. Interference with Federal disaster relief efforts''.

SEC. 805. PENALTIES FOR FRAUD.

    (a) In general.--Whoever knowingly makes, or causes to be made by 
another, a false statement or representation of a material fact, or 
knowingly has failed, or caused another to fail, to disclose a material 
fact, and as a result of such false statement or representation or of 
such nondisclosure such individual has received an amount of assistance 
from the Federal Government under this Act to which he was not 
entitled, such individual--
            (1) shall be ineligible for further assistance under this 
        Act; and
            (2) shall be subject to prosecution under section 1370 of 
        title 18, United States Code.

SEC. 806. PROTECTING OF VOLUNTEERS.

    (a) Qualified Immunity From Suit.--Any person or entity (including 
any Indian Tribe) that, in response to harm caused by Hurricane Katrina 
of 2005, voluntarily, in good faith, and without a preexisting duty or 
expectation of compensation, renders aid (including medical treatment 
and rescue assistance) to any individual, shall not be liable for any 
injury (including personal injury, property damage or loss, and death) 
arising out of or resulting from that aid that was not caused by--
            (1) willful, wanton, reckless or criminal conduct of that 
        person or entity; or
            (2) conduct of that person or entity that constitutes a 
        violation of a Federal or State civil rights law.
    (b) Preemption.--This section preempts the laws of a State to the 
extent such laws are inconsistent with this section, except that this 
section shall not preempt any State law that provides additional 
protection from liability relating to volunteers.

SEC. 807. LEAVE TRANSFER PROGRAM IN DISASTERS AND EMERGENCIES.

    Section 6391 of title 5, United States Code, is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) After consultation with the Administrative Office of the 
United States Courts, the Office of Personnel Management shall provide 
for the participation of employees in the judicial branch in any 
emergency leave transfer program under this section.''.
                                 <all>