[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1836 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1836

    To provide for reconstruction, replacement, and improvement of 
                infrastructure in the Gulf Coast Region.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2005

Mr. Jeffords (for himself, Mrs. Boxer, Mr. Lieberman, Mrs. Clinton, Mr. 
   Carper, Mr. Lautenberg, Mr. Obama, and Mr. Baucus) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To provide for reconstruction, replacement, and improvement of 
                infrastructure in the Gulf Coast Region.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Gulf Coast 
Infrastructure Redevelopment and Recovery Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--INFRASTRUCTURE RECOVERY

Sec. 101. Short title.
Sec. 102. Federal Infrastructure Task Force.
Sec. 103. Duties.
Sec. 104. Federal investment standards.
Sec. 105. Natural disaster preparedness grants.
Sec. 106. Studies.
          TITLE II--FEDERAL HIGHWAY REPAIR AND RECONSTRUCTION

Sec. 201. Emergency relief program modifications.
               TITLE III--WATER INFRASTRUCTURE ASSISTANCE

Sec. 301. Short title.
Sec. 302. Definition of State.
Sec. 303. Treatment of certain loans.
Sec. 304. Priority list.
Sec. 305. Testing of privately-owned drinking water wells.
               TITLE IV--ECONOMIC DEVELOPMENT ASSISTANCE

Sec. 401. Economic Development Administration.
          TITLE V--ASSISTANCE THROUGH DELTA REGIONAL AUTHORITY

Sec. 501. Delta Regional Authority.
                  TITLE VI--ENVIRONMENTAL REQUIREMENTS

Sec. 601. Environmental assessment, cleanup, and right-to-know 
                            requirements.
                 TITLE VII--CORPS OF ENGINEERS PROJECTS

Sec. 701. Recovery relating to Corps of Engineers projects.
Sec. 702. Wetlands study.
Sec. 703. Permits for activities in coastal areas.
               TITLE VIII--NATIONAL LEVEE SAFETY PROGRAM

Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Inspection of levees.
Sec. 804. National levee inventory.
Sec. 805. Interagency Committee on Levee Safety.
Sec. 806. National Levee Safety Review Board.
Sec. 807. National levee safety program.
Sec. 808. Research program.
Sec. 809. Levee safety training program.
Sec. 810. Effect of title.
Sec. 811. Authorization of appropriations.
                 TITLE IX--EMERGENCY LEASE REQUIREMENTS

Sec. 901. Short title.
Sec. 902. Emergency leases.
Sec. 903. Effective date.
                            TITLE X--FUNDING

Sec. 1001. Funding.
                    TITLE XI--BUILDING HABITABILITY

Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Purposes.
Sec. 1104. Definitions.
Sec. 1105. Abatement and inspection grants.
Sec. 1106. Threshold limit values.
Sec. 1107. Guidance for evaluation and abatement of mold.
Sec. 1108. Contractor training and certification.
Sec. 1109. Treatment.
Sec. 1110. Authorization of appropriations.
                TITLE XII--COMMUTER ASSISTANCE PROGRAMS

Sec. 1201. Commuter assistance programs.

                    TITLE I--INFRASTRUCTURE RECOVERY

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Federal Infrastructure 
Preparedness Act of 2005''.

SEC. 102. FEDERAL INFRASTRUCTURE TASK FORCE.

    (a) Establishment.--The Secretary of the Army shall establish a 
Federal Infrastructure Task Force (referred to in this title as the 
``Task Force'') to improve the preparedness of the United States for 
the effects of extreme weather events on infrastructure of the United 
States.
    (b) Membership.--The membership of the Task Force shall consist 
of--
            (1) the Secretary of the Army;
            (2) the Secretary of Transportation;
            (3) the Secretary of Energy;
            (4) the Secretary of Commerce;
            (5) the Secretary of Homeland Security;
            (6) the Secretary of Health and Human Services;
            (7) the Administrator of the Environmental Protection 
        Agency;
            (8) the Director of the Federal Emergency Management 
        Agency;
            (9) the Chairperson of the Nuclear Regulatory Commission;
            (10) the Chief of Staff of the Economic Development 
        Administration;
            (11) a representative of the Delta Regional Authority; and
            (12) the Director of the United States Fish and Wildlife 
        Service.
    (c) Chairperson.--The Secretary of the Army shall serve as 
chairperson of the Task Force (referred to in this title as the 
``Chairperson'').

SEC. 103. DUTIES.

    (a) In General.--The Task Force shall--
            (1) serve as the coordinating entity to distribute and 
        execute Federal funding provided for infrastructure 
        redevelopment required as a result of Hurricane Katrina;
            (2) establish standards for Federal investment in 
        accordance with section 104;
            (3) provide grants in accordance with section 105; and
            (4) conduct studies in accordance with section 106.
    (b) Requirement.--In carrying out any duty under subsection (a), 
the Task Force shall--
            (1) provide an opportunity for public participation, to the 
        maximum extent practicable; and
            (2) act in accordance with Executive Order 12898 (59 Fed. 
        Reg. 7629) relating to environmental justice.

SEC. 104. FEDERAL INVESTMENT STANDARDS.

    (a) In General.--The Task Force shall establish standards for 
Federal investment in areas impacted by Hurricane Katrina to ensure 
that Federal investment in areas impacted by Hurricane Katrina--
            (1) is cognizant of natural processes underway along the 
        Gulf Coast, including wetlands erosion, wetlands restoration, 
        subsidence, and others;
            (2) protects and preserves the cultural, architectural, and 
        ecological heritage of the Gulf Coast region;
            (3) incorporates appropriate principles of sustainable 
        design and livable communities; and
            (4) incorporates recommendations from the Corps of 
        Engineers regarding redevelopment opportunities that would 
        reduce hurricane and flooding impacts while maximizing 
        opportunities for wetlands restoration.
    (b) Public Participation.--In establishing standards under 
subsection (a), the Task Force shall provide an opportunity for public 
participation, to the maximum extent practicable.

SEC. 105. NATURAL DISASTER PREPAREDNESS GRANTS.

    (a) Definition of Eligible Entity.--In this subsection, the term 
``eligible entity'' means a State or local government entity located in 
an area that is vulnerable to frequent and intense hurricanes or other 
extreme weather events.
    (b) Grants.--The Task Force, acting through the Chairperson, may 
provide grants to eligible entities to pay the Federal share of the 
cost of--
            (1) reviewing and updating emergency response plans and 
        evacuation plans of the eligible entity, including 
        consideration of the role of public transportation as a tool in 
        evacuation planning and reentry of evacuated areas; and
            (2) implementing the following measures in response to 
        needs identified in emergency response plans and evacuation 
        plans:
                    (A) Estimating the capability and adaptability of 
                the infrastructure of the eligible entity.
                    (B) Revising drinking water, wastewater, water 
                supply standards, and system requirements of the 
                eligible entity.
                    (C) Providing protection measures relating to 
                hurricanes and other extreme weather events.
    (c) Federal Share.--The Federal share of the cost of an activity 
under this section shall not exceed 75 percent.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $200,000,000, to remain 
available until expended.

SEC. 106. STUDIES.

    (a) National Study on Vulnerability of Infrastructure.--
            (1) In general.--The Task Force, acting through the 
        Chairperson and in consultation with the Governors of the 
        States, shall conduct a study of the status of the 
        transportation system, drinking water and wastewater, water 
        supply, water resource (including flood control), and energy 
        infrastructure of the United States to determine the 
        vulnerability of the United States to further intense hurricane 
        activity during calendar years 2005 and 2006.
            (2) Report.--Not later than 30 days after the date of 
        enactment of this Act, the Chairperson shall submit to Congress 
        a report describing--
                    (A) the results of the study under paragraph (1); 
                and
                    (B) recommendations with respect to legislative 
                actions necessary to reduce the vulnerability of the 
                United States to further intense hurricane activity 
                during calendar years 2005 and 2006.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $500,000, to 
        remain available until expended.
    (b) National Study on Preparedness for Hurricanes and Extreme 
Weather Events.--
            (1) Study.--
                    (A) In general.--For the purpose of addressing and 
                adapting to a period of more frequent and intense 
                hurricanes and other extreme weather events along the 
                coast of the Gulf of Mexico and in other vulnerable 
                regions of the United States, as determined by the 
                Chairperson, the Task Force, acting through the 
                Chairperson, shall conduct a study of the adequacy of 
                Federal and State--
                            (i) drinking water, wastewater, water 
                        supply, and transportation infrastructure;
                            (ii) flood control capability and 
                        infrastructure;
                            (iii) energy supplies;
                            (iv) environmental protection;
                            (v) commerce;
                            (vi) telecommunications;
                            (vii) health programs; and
                            (viii) regulations, standards, and 
                        resources.
                    (B) Adequacy of infrastructure.--The study under 
                subparagraph (A) shall include--
                            (i) consideration of the adequacy of 
                        Federal and State infrastructure, including 
                        public transportation infrastructure, to 
                        support evacuation plans; and
                            (ii) an analysis of any factor that 
                        prevented any individual from acting on an 
                        evacuation order during Hurricane Katrina, 
                        including recommendations for methods of 
                        addressing the factor during future 
                        evacuations.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Task Force, acting through the 
        Chairperson, shall submit to Congress a report describing--
                    (A) the results of the study under paragraph (1); 
                and
                    (B) recommendations with respect to appropriate 
                legislative actions, including regulations, programs, 
                standards, and funding levels, to adapt to more 
                frequent and intense hurricanes.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $500,000, to 
        remain available until expended.

          TITLE II--FEDERAL HIGHWAY REPAIR AND RECONSTRUCTION

SEC. 201. EMERGENCY RELIEF PROGRAM MODIFICATIONS.

    (a) 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.
    (b) 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 subsection (a) shall be 100 percent.
    (c) Authorization of Appropriations.--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: Provided, That the amounts made available 
under this section are designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress).

               TITLE III--WATER INFRASTRUCTURE ASSISTANCE

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Emergency Water Infrastructure 
Assistance Act of 2005''.

SEC. 302. DEFINITION OF STATE.

    In this title, the term ``State'' means--
            (1) the State of Alabama;
            (2) the State of Louisiana; and
            (3) the State of Mississippi.

SEC. 303. TREATMENT OF CERTAIN LOANS.

    (a) Definition of Eligible Project.--In this section, the term 
``eligible project'' means a project--
            (1) to repair, replace, or rebuild a publicly-owned 
        treatment works (as defined in section 212 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1292)), including a privately-
        owned utility that principally treats municipal wastewater or 
        domestic sewage, in an area affected by Hurricane Katrina or a 
        related condition; or
            (2) that is a water quality project directly related to 
        relief efforts in response to Hurricane Katrina or a related 
        condition, as determined by the State in which the project is 
        located.
    (b) Additional Subsidization.--
            (1) In general.--Subject to paragraph (2), for the 2-year 
        period beginning on the date of enactment of this Act, a State 
        may provide additional subsidization to an eligible project 
        that receives funds through a revolving loan under section 603 
        of the Federal Water Pollution Control Act (33 U.S.C. 1383), 
        including--
                    (A) forgiveness of the principal of the revolving 
                loan; or
                    (B) a zero-percent interest rate on the revolving 
                loan.
            (2) Limitation.--The amount of any additional subsidization 
        provided under paragraph (1) shall not exceed 30 percent of the 
        amount of the capitalization grant received by the State under 
        section 602 of the Federal Water Pollution Control Act (33 
        U.S.C. 1382) for the fiscal year during which the subsidization 
        is provided.
    (c) Extended Terms.--For the 2-year period beginning on the date of 
enactment of this Act, a State may extend the term of a revolving loan 
under section 603 of that Act (33 U.S.C. 1383) for an eligible project 
described in subsection (b), if the extended term--
            (1) terminates not later than the date that is 30 years 
        after the date of completion of the project that is the subject 
        of the loan; and
            (2) does not exceed the expected design life of the 
        project.
    (d) Priority Lists.--For the 2-year period beginning on the date of 
enactment of this Act, a State may provide assistance to an eligible 
project that is not included on the priority list of the State under 
section 216 of the Federal Water Pollution Control Act (33 U.S.C. 
1296).

SEC. 304. PRIORITY LIST.

    For the 2-year period beginning on the date of enactment of this 
Act, a State may provide assistance to a public water system that is 
not included on the priority list of the State under section 
1452(b)(3)(B) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(b)(3)(B)), if the project--
            (1) involves damage caused by Hurricane Katrina or a 
        related condition; and
            (2) is in accordance with section 1452(b)(3)(A) of that Act 
        (42 U.S.C. 300j-12(b)(3)(A)).

SEC. 305. TESTING OF PRIVATELY-OWNED DRINKING WATER WELLS.

    On receipt of a request from a homeowner, the Administrator of the 
Environmental Protection Agency may conduct a test of a drinking water 
well owned or operated by the homeowner that is, or may be, 
contaminated as a result of Hurricane Katrina or a related condition.

               TITLE IV--ECONOMIC DEVELOPMENT ASSISTANCE

SEC. 401. ECONOMIC DEVELOPMENT ADMINISTRATION.

    Section 209 of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3149) is amended by adding at the end the following:
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to the Secretary to provide assistance described in subsection 
        (c)(2) $200,000,000, to remain available until expended.
            ``(2) Salaries and expenses.--There is authorized to be 
        appropriated for salaries and expenses of carrying out 
        subsection (c)(2) $10,000,000, to remain available until 
        expended.''.

          TITLE V--ASSISTANCE THROUGH DELTA REGIONAL AUTHORITY

SEC. 501. DELTA REGIONAL AUTHORITY.

    (a) Distressed Counties and Areas, Nondistressed Counties, and 
Disaster Areas.--Section 382F of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009aa-5) is amended--
            (1) in the section heading, by striking ``and nondistressed 
        counties'' and inserting ``, nondistressed counties, and 
        disaster areas'';
            (2) in subsection (a)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) as a disaster area any county or parish within the 
        jurisdiction of the Authority that is 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) in response to Hurricane 
        Katrina.'';
            (3) by redesignating subsection (d) as subsection (e); and
            (4) by inserting after subsection (c) the following:
    ``(d) Disaster Areas.--
            ``(1) Delta regional authority hurricane katrina relief 
        fund.--
                    ``(A) Establishment.--As soon as practicable after 
                the date of enactment of this paragraph, the Authority 
                shall establish a fund, to remain separate from the 
                general Treasury fund of the Authority numbered 
                95X0750, to be known as the `Delta Regional Authority 
                Hurricane Katrina Relief Fund' (referred to in this 
                subsection as the `Fund').
                    ``(B) Deposits.--The Authority shall deposit into 
                the Fund any amounts made available under section 
                382M(b).
                    ``(C) Use of funds.--
                            ``(i) In general.--Except as otherwise 
                        provided in this subparagraph, the Authority 
                        shall allocate amounts in the Fund to programs 
                        and projects that are eligible to receive 
                        assistance under this Act in areas in the 
                        region that are 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) in 
                        response to Hurricane Katrina.
                            ``(ii) Administrative expenses.--The 
                        Authority shall use not more than 3 percent of 
                        amounts made available under section 382M(b) to 
                        pay administrative expenses of carrying out 
                        this subsection.
                            ``(iii) Indirectly affected areas.--The 
                        Authority may make funds available to any area 
                        within the jurisdiction of the Authority that 
                        is indirectly affected by a major disaster or 
                        emergency, as determined by the Authority, 
                        including areas that provide housing, 
                        transportation, employment, and health care to 
                        individuals evacuated as a result of Hurricane 
                        Katrina.
            ``(2) Consultation.--In allocating funds under paragraph 
        (1), the Authority shall coordinate with the Secretary of 
        Agriculture, the Secretary of Commerce, the Director of the 
        Federal Emergency Management Agency, the Secretary of Housing 
        and Urban Development, the Secretary of the Treasury, the 
        Administrator of the Small Business Administration, the 
        Secretary of Energy, the Secretary of the Interior, the 
        Secretary of Labor, the Secretary of Transportation, the 
        Secretary of the Army, and the Administrator of the 
        Environmental Protection Agency in order to--
                    ``(A) avoid duplication of efforts; and
                    ``(B) ensure that projects are prioritized 
                appropriately and funds are used effectively, as 
                determined by the Authority.
            ``(3) Funding limitations.--No funding limitation under 
        this Act shall apply to a project under this subsection.''.
    (b) Authorization of Appropriations.--Section 382M of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-12) is 
amended--
            (1) in subsection (a), by striking ``$30,000,000'' and all 
        that follows through the end of the subsection and inserting 
        ``, except section 382F(d), $40,000,000 for each of fiscal 
        years 2006 and 2007, to remain available until expended.'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following:
    ``(b) Disaster Areas.--There is authorized to be appropriated to 
the Delta Regional Authority Hurricane Katrina Relief Fund to carry out 
section 382F(d) $100,000,000 for each of fiscal years 2006 and 2007, to 
remain available until expended.''.

                  TITLE VI--ENVIRONMENTAL REQUIREMENTS

SEC. 601. ENVIRONMENTAL ASSESSMENT, CLEANUP, AND RIGHT-TO-KNOW 
              REQUIREMENTS.

    (a) Assessment and Cleanup Funding for Superfund and Other 
Hazardous Sites.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency (referred to in this title as the 
        ``Administrator'') shall use funds appropriated under the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.) and funds provided to the 
        Administrator in response to Hurricane Katrina for--
                    (A) cleanup activities (including response actions 
                in accordance with the Comprehensive Environmental 
                Response, Compensation and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.) and corrective actions in 
                accordance with the Solid Waste Disposal Act (42 U.S.C. 
                6901 et seq.));
                    (B) reconstruction and rehabilitation of drinking 
                water supplies and wastewater treatment plants; and
                    (C) addressing potential or actual threats to human 
                health or the environment arising from or relating to 
                Hurricane Katrina.
            (2) Priority.--
                    (A) In general.--The Administrator shall prioritize 
                cleanup activities to be conducted under this 
                subsection based on the risks posed by a particular 
                area in which the activities are to be conducted to 
                human health or the environment.
                    (B) Source of funds.--In carrying out this 
                subsection, the Administrator shall use amounts 
                appropriated under the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
                seq.) and amounts appropriated to the Administrator in 
                response to Hurricane Katrina before using amounts made 
                generally available to the Administrator.
            (3) Applicable standards and requirements.--Any activity or 
        evaluation carried out under this subsection shall be subject 
        to the same standards and requirements (including requirements 
        relating to the use of funds) as are applicable to programs 
        carried out using funds of the Environmental Protection Agency.
    (b) Assessment of Facilities of Concern and Environmental Media.--
            (1) Definitions.--In this subsection:
                    (A) Facility of concern.--The term ``facility of 
                concern'' means--
                            (i) a chemical, petroleum, or other 
                        facility that is subject to the chemical 
                        accident prevention program under section 
                        112(r) of the Clean Air Act (42 U.S.C. 
                        7412(r));
                            (ii) a site on the National Priorities List 
                        developed by the President in accordance with 
                        section 105(a)(8)(B) of the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) 
                        (including such a site for which corrective 
                        action is ordered under that Act);
                            (iii) a site for which the Administrator or 
                        a State has ordered corrective action in 
                        accordance with section 3004(u) or 3008(h) of 
                        the Solid Waste Disposal Act (42 U.S.C. 
                        6924(u); 6428(h));
                            (iv) a hazardous waste generation, 
                        treatment, storage, or disposal facility 
                        subject to regulation under subtitle C of the 
                        Solid Waste Disposal Act (42 U.S.C. 6921 et 
                        seq.);
                            (v) a surface impoundment;
                            (vi) an aboveground storage tank;
                            (vii) an underground storage tank (as 
                        defined in section 9001 of the Solid Waste 
                        Disposal Act (42 U.S.C. 6991)); and
                            (viii) a railcar or tanker truck used to 
                        transport a hazardous constituent.
                    (B) Hazardous material.--
                            (i) In general.--The term ``hazardous 
                        material'' means--
                                    (I) a hazardous substance (as 
                                defined in section 101 of the 
                                Comprehensive Environmental Response, 
                                Compensation, and Liability Act of 1980 
                                (42 U.S.C. 9601));
                                    (II) a petroleum-based substance; 
                                and
                                    (III) an industrial or commercial 
                                chemical.
                            (ii) Inclusions.--The term ``hazardous 
                        material'' includes--
                                    (I) a petroleum-based product;
                                    (II) a metal;
                                    (III) a volatile or semi-volatile 
                                organic compound;
                                    (IV) a pesticide;
                                    (V) an herbicide;
                                    (VI) a polychlorinated biphenyl; 
                                and
                                    (VII) any biological material in 
                                floodwater, surface water, sediment, or 
                                soil that may threaten human health or 
                                the environment.
                    (C) Release.--The term ``release'' has the meaning 
                given the term in section 101 of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601).
            (2) Identification and assessment.--
                    (A) In general.--Immediately after the date of 
                enactment of this Act, the Administrator shall 
                implement a comprehensive testing and monitoring plan 
                to identify and assess levels of any hazardous material 
                affected by Hurricane Katrina, including levels of 
                hazardous material at facilities of concern.
                    (B) Assessments.--Using data gathered pursuant to 
                the testing and monitoring plan, the Administrator 
                shall--
                            (i) assess the short-term, ongoing, and 
                        long-term human health risks (including cancer 
                        and non-cancer health effects) from all routes 
                        of exposure associated with contaminant 
                        concentrations in floodwater, surface water, 
                        sediment, and soil, including any contamination 
                        that may remain in that water, sediment, or 
                        soil (including Lake Pontchartrain and soil in 
                        areas affected by Hurricane Katrina); and
                            (ii) include in the assessment under clause 
                        (i) a targeted analysis of risks to--
                                    (I) sensitive subpopulations (such 
                                as children, pregnant women, the 
                                elderly, and people with impaired 
                                immune systems); and
                                    (II) low-income and minority 
                                communities.
            (3) Public availability of plan, results, and 
        assessments.--
                    (A) Plan.--As soon as the plan described in 
                paragraph (2) is prepared, but not later than October 
                30, 2005, the Administrator shall make the plan 
                available to--
                            (i) the public; and
                            (ii) the Chairman and Ranking Members of 
                        the appropriate committees of Congress.
                    (B) Sampling results and assessments.--The 
                Administrator shall immediately make all sampling 
                results and other analyses, and all assessments of 
                risks to human health or the environment, completed or 
                received under this subsection available to the public 
                (including to evacuees, recovery workers, and emergency 
                personnel) in a centralized, Internet-accessible, 
                searchable database.
    (c) Report on Releases That May Threaten Human Health and the 
Environment.--
            (1) In general.--Not later than October 30, 2005, the 
        Administrator shall prepare an initial report summarizing all 
        known or threatened releases of hazardous materials into the 
        environment arising out of or relating to Hurricane Katrina.
            (2) Requirements of report.--The report shall contain an 
        evaluation of--
                    (A) the extent and location of known releases 
                resulting from Hurricane Katrina;
                    (B) any potential threats to public health or the 
                environment posed by those releases;
                    (C) any response actions undertaken in response to 
                those releases;
                    (D) the cost of each such response action; and
                    (E) comprehensive costs that will likely be 
                incurred in conducting future assessment and cleanup 
                actions relating to Hurricane Katrina.
            (3) Public availability and participation.--The 
        Administrator shall--
                    (A) make the report under this subsection available 
                to--
                            (i) the public; and
                            (ii) the Chairman and Ranking Member of 
                        each committee of Congress with oversight 
                        jurisdiction over the Environmental Protection 
                        Agency;
                    (B) update and disseminate the report every 30 days 
                until the date on which the Administrator determines 
                that all releases resulting from Hurricane Katrina have 
                been identified, assessed, and cleaned up; and
                    (C) in preparing and updating the report, solicit 
                information from facility employees, community members, 
                and other knowledgeable individuals with respect to 
                matters covered by the report.

                 TITLE VII--CORPS OF ENGINEERS PROJECTS

SEC. 701. RECOVERY RELATING TO CORPS OF ENGINEERS PROJECTS.

    (a) In General.--In conducting repair and rehabilitation after 
Hurricane Katrina, the Secretary of the Army, acting through the Chief 
of Engineers (referred to in this title as the ``Secretary''), shall 
conduct a comprehensive assessment of Corps infrastructure in the 
region affected by Hurricane Katrina to determine whether opportunities 
exist for project modifications that may reduce future hurricane 
impacts or further other project purposes.
    (b) Project Modifications.--In evaluating opportunities for project 
modifications, the Secretary shall include--
            (1) a review of the use of natural buffers, such as 
        wetlands or beaches, for hurricane protection;
            (2) a review of the potential use of voluntary buyouts to 
        reduce the potential for loss of life and property resulting 
        from a hurricane or other disaster; and
            (3) an increased level of flood protection using the levee 
        system in effect as of the date of enactment of this Act.
    (c) Report.--The Secretary shall submit to the Task Force 
established under section 102 and appropriate State and local 
governments any redevelopment recommendations that would--
            (1) reduce hurricane and flooding impacts while maximizing 
        opportunities for wetlands restoration; or
            (2) mitigate the effects of any required repairs or 
        modifications on the coastal Louisiana ecosystem and any other 
        affected area.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000, to remain available 
until expended.

SEC. 702. WETLANDS STUDY.

    (a) In General.--The Administrator of the Environmental Protection 
Agency shall enter into a contract with the National Academy of 
Sciences under which the National Academy of Sciences shall conduct a 
study of the effect or potential effect of wetlands on the intensity of 
Hurricane Katrina, including wind speed and storm surge.
    (b) Inclusion.--The study under subsection (a) shall include an 
analysis of the plan of the Corps of Engineers to restore coastal areas 
in the State of Louisiana, in accordance with the report of the Chief 
of Engineers for the Louisiana Coastal Area Ecosystem Restoration 
Project, dated January 31, 2005, to determine--
            (1) the effect of Hurricane Katrina on the viability of the 
        plan; and
            (2) whether the plan, if carried out, would reduce the 
        effects of hurricanes on the Gulf Coast in the future.

SEC. 703. PERMITS FOR ACTIVITIES IN COASTAL AREAS.

    Notwithstanding any other provision of law, in each instance in 
which the Secretary issues a permit under section 404 of the Federal 
Water Pollution Control Act (33 U.S.C. 1344) for, or otherwise 
authorizes the conduct in accordance with that section of, any activity 
in a coastal area that is at risk of being affected by a hurricane, the 
Secretary shall make a written determination that the proposed activity 
will not, when considered individually or cumulatively with other 
activities, exacerbate or cause an increased risk of loss of life or 
other damage from flooding, storm surges, or any other hurricane-
related event.

               TITLE VIII--NATIONAL LEVEE SAFETY PROGRAM

SEC. 801. SHORT TITLE.

    This title may be cited as the ``National Levee Safety Program Act 
of 2005''.

SEC. 802. DEFINITIONS.

    In this title:
            (1) Board.--The term ``Board'' means the National Levee 
        Safety Review Board established under section 806(a).
            (2) Committee.--The term ``Committee'' means the 
        Interagency Committee on Levee Safety established under section 
        805(a).
            (3) Levee.--The term ``levee'' means an embankment 
        (including floodwalls)--
                    (A) the primary purpose of which is to provide 
                flood protection relating to seasonal high water and 
                storm surges; and
                    (B) that is subject to water loading for only a few 
                days or weeks during a year.
            (4) Federal agency.--The term ``Federal agency'' means a 
        Federal agency that designs, finances, constructs, owns, 
        operates, maintains, or regulates the construction, operation, 
        or maintenance of a levee.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.
            (6) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
            (7) State levee safety agency.--The term ``State levee 
        safety agency'' means the State agency that has regulatory 
        authority over the safety of any non-Federal levee in a State.
            (8) United states.--The term ``United States'', when used 
        in a geographical sense, means all of the States.

SEC. 803. INSPECTION OF LEVEES.

    (a) In General.--The Secretary shall carry out a program under 
which, as soon as practicable after the date of enactment of this Act, 
and every 10 years thereafter, the Secretary shall inspect levees in 
the United States for the purpose of protecting human life and 
property.
    (b) Levees to Be Inspected.--In carrying out the program under 
subsection (a), the Secretary shall inspect each levee in the United 
States, except--
            (1) any levee that has been inspected by a State levee 
        safety agency during the 1-year period immediately preceding 
        the date of enactment of this Act, if the Governor of the State 
        requests an exception; and
            (2) any levee that does not pose a threat to human life or 
        property, as determined by the Secretary.
    (c) State Participation.--On request of a State levee safety 
agency, with respect to any levee the failure of which would affect the 
State, the head of a Federal agency shall--
            (1) provide information to the State levee safety agency 
        relating to the construction, operation, or maintenance of the 
        levee; and
            (2) allow an official of the State levee safety agency to 
        participate in the inspection of the levee.
    (d) Determination.--
            (1) In general.--For the purpose of determining whether a 
        levee (including any water impounded by a levee) constitutes a 
        danger to human life or property, the Secretary shall take into 
        consideration the possibility that the levee may be endangered 
        by overtopping, seepage, settlement, erosion, sediment, 
        cracking, earth movement, earthquakes, hurricanes, failure of 
        bulkheads, flashboards, gates on conduits, or other conditions 
        that exist or may occur in any area in the vicinity of the 
        levee.
            (2) Previously-inspected levees.--For any levee with 
        respect to which the Secretary made any determination regarding 
        the safety of the levee before the date of the inspection of 
        the levee under this section, the Secretary shall review the 
        determination, taking into consideration information most 
        recently available to the Secretary relating to--
                    (A) the likelihood that a storm surge would exceed 
                the designed level of protection of the levee; and
                    (B) the effect of wetlands erosion, subsidence, or 
                any other natural process on the vulnerability of the 
                area surrounding the levee to flooding or an extreme 
                weather event.
    (e) Report.--As soon as practicable after the date on which a levee 
is inspected under this section, the Secretary shall provide to the 
Governor of the State in which the levee is located a notice of the 
results of the inspection, including--
            (1) a description of any hazardous condition discovered 
        during the inspection;
            (2) on request of the Governor, information relating to any 
        remedial measure necessary to mitigate or avoid a hazardous 
        condition discovered during the inspection; and
            (3) a description of the results of any review conducted 
        under subsection (d)(2) with respect to the levee, including--
                    (A) any improvement required relating to the level 
                of protection of the levee; and
                    (B) recommendations regarding the maintenance or 
                destruction of the levee, if any.
    (f) Priority List.--Not later than February 1 of each year, the 
Secretary shall submit to Congress a priority list of flood control 
projects, taking into consideration the results of any inspection under 
this section, including--
            (1) the potential risk to human life or the environment if 
        a project is not carried out;
            (2) the benefits of protecting critical infrastructure and 
        population centers; and
            (3) the implementation of Federal guidelines relating to 
        levee safety.

SEC. 804. NATIONAL LEVEE INVENTORY.

    The Secretary shall maintain and periodically publish an inventory 
of levees in the United States, including the results of any levee 
inspection conducted under section 803.

SEC. 805. INTERAGENCY COMMITTEE ON LEVEE SAFETY.

    (a) Establishment.--There is established a committee, to be known 
as the ``Interagency Committee on Levee Safety''.
    (b) Membership.--
            (1) In general.--The Committee shall be composed of 6 
        members, to be appointed by the Secretary--
                    (A) 1 of whom shall be a representative of the 
                Department of Agriculture;
                    (B) 1 of whom shall be a representative of the 
                Department of the Interior;
                    (C) 1 of whom shall be a representative of the 
                Department of Labor;
                    (D) 1 of whom shall be a representative of the 
                Department of Defense;
                    (E) 1 of whom shall be a representative of the 
                Department of Energy; and
                    (F) 1 of whom shall be a representative of the 
                Federal Emergency Management Agency.
            (2) Chairperson.--The Secretary shall serve as chairperson 
        of the Committee.
    (c) Duties.--The Committee shall support the establishment and 
maintenance of effective Federal programs, policies, and guidelines to 
enhance levee safety for the protection of human life and property 
through coordination and information exchange among Federal agencies 
concerning the implementation of Federal guidelines relating to levee 
safety.

SEC. 806. NATIONAL LEVEE SAFETY REVIEW BOARD.

    (a) Establishment.--The Secretary shall establish an advisory 
board, to be known as the ``National Levee Safety Review Board'', to--
            (1) monitor the safety of levees in the United States;
            (2) monitor the implementation of this title by State levee 
        safety agencies; and
            (3) advise the Secretary on policy relating to national 
        levee safety.
    (b) Membership.--
            (1) Voting members.--The Board shall be composed of 11 
        voting members, to be appointed by the Secretary, who shall 
        have expertise in levee safety, of whom--
                    (A) 1 member shall represent the Department of 
                Agriculture;
                    (B) 1 member shall represent the Department of 
                Defense;
                    (C) 1 member shall represent the Department of the 
                Interior;
                    (D) 1 member shall represent the Environmental 
                Protection Agency;
                    (E) 1 member shall represent the Federal Emergency 
                Management Agency;
                    (F) 5 members shall represent State levee safety 
                agencies; and
                    (G) 1 member shall represent the private sector.
            (2) Nonvoting members.--The Secretary, in consultation with 
        the voting members of the Board, may invite to participate in 
        meetings of the Board as a nonvoting member--
                    (A) a representative of the National Laboratories;
                    (B) a representative of any Federal or State 
                agency; or
                    (C) a levee safety expert.
    (c) Duties.--
            (1) In general.--The Board shall support the establishment 
        and maintenance of effective programs, policies, and guidelines 
        to enhance levee safety for the protection of human life and 
        property throughout the United States.
            (2) Coordination and information exchange among agencies.--
        In carrying out paragraph (1), the Board shall support 
        coordination and information exchange among Federal agencies 
        and State levee safety agencies that share common problems and 
        responsibilities relating to levee safety, including planning, 
        design, construction, operation, emergency action planning, 
        inspections, maintenance, regulation or licensing, technical or 
        financial assistance, research, and data management.
    (d) Powers.--
            (1) Information from federal agencies.--
                    (A) In general.--The Board may secure directly from 
                a Federal agency such information as the Board 
                considers necessary to carry out this section.
                    (B) Provision of information.--On request of the 
                Board, the head of the Federal agency shall provide the 
                information to the Board.
            (2) Contracts.--The Board may enter into any contract the 
        Board determines to be necessary to carry out a duty of the 
        Board.
    (e) Working Groups.--
            (1) In general.--The Secretary may establish working groups 
        to assist the Board in carrying out this section.
            (2) Membership.--A working group under paragraph (1) shall 
        be composed of--
                    (A) members of the Board; and
                    (B) any other individual, as the Secretary 
                determines to be appropriate.
    (f) Compensation of Members.--
            (1) Federal employees.--A member of the Board who is an 
        officer or employee of the United States shall serve without 
        compensation in addition to compensation received for the 
        services of the member as an officer or employee of the United 
        States.
            (2) Other members.--A member of the Board who is not an 
        officer or employee of the United States shall serve without 
        compensation.
    (g) Travel Expenses.--
            (1) Representatives of federal agencies.--To the extent 
        amounts are made available in advance in appropriations Acts, a 
        member of the Board who represents a Federal agency shall be 
        reimbursed with appropriations for travel expenses by the 
        agency of the member, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from home or regular place of business of the 
        member in the performance of services for the Board.
            (2) Other individuals.--To the extent amounts are made 
        available in advance in appropriations Acts, a member of the 
        Board who represents a State levee safety agency, a member of 
        the Board who represents the private sector, and a member of a 
        working group created under subsection (e) shall be reimbursed 
        for travel expenses by the Director of the Federal Emergency 
        Management Agency, including per diem in lieu of subsistence, 
        at rates authorized for an employee of an agency under 
        subchapter 1 of chapter 57 of title 5, United States Code, 
        while away from home or regular place of business of the member 
        in performance of services for the Board.
    (h) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.

SEC. 807. NATIONAL LEVEE SAFETY PROGRAM.

    (a) In General.--The Secretary, in consultation with the Committee, 
the Board, and State levee safety agencies, shall establish and 
maintain a national levee safety program.
    (b) Purposes.--The purposes of the program under this section are--
            (1) to ensure that new and existing levees are safe through 
        the development of technologically and economically feasible 
        programs and procedures for hazard reduction relating to 
        levees;
            (2) to encourage acceptable engineering policies and 
        procedures to be used for levee site investigation, design, 
        construction, operation and maintenance, and emergency 
        preparedness;
            (3) to encourage the establishment and implementation of 
        effective levee safety programs in each State based on State 
        standards;
            (4) to develop and support public education and awareness 
        projects to increase public acceptance and support of State 
        levee safety programs;
            (5) to develop technical assistance materials for Federal 
        and State levee safety programs;
            (6) to develop methods of providing technical assistance 
        relating to levee safety to non-Federal entities; and
            (7) to develop technical assistance materials, seminars, 
        and guidelines to improve the security of levees in the United 
        States.
    (c) Strategic Plan.--In carrying out the program under this 
section, the Secretary shall prepare a strategic plan--
            (1) to establish goals, priorities, and target dates to 
        improve the safety of levees in the United States;
            (2) to cooperate and coordinate with, and provide 
        assistance to, State levee safety agencies, to the maximum 
        extent practicable;
            (3) to share information among Federal agencies, State and 
        local governments, and private entities relating to levee 
        safety; and
            (4) to provide information to the public relating to 
        hazards associated with levee failures.
    (d) Federal Guidelines.--
            (1) In general.--In carrying out the program under this 
        section, the Secretary shall establish Federal guidelines 
        relating to levee safety.
            (2) Incorporation of federal activities.--The Federal 
        guidelines under paragraph (1) shall incorporate, to the 
        maximum extent practicable, any activity carried out by a 
        Federal agency as of the date on which the guidelines are 
        established.
    (e) Incorporation of Existing Activities.--The program under this 
section shall incorporate, to the maximum extent practicable--
            (1) any activity carried out by a State or local 
        government, or a private entity, relating to the construction, 
        operation, or maintenance of a levee; and
            (2) any activity carried out by a Federal agency to support 
        an effort by a State levee safety agency to develop and 
        implement an effective levee safety program.
    (f) Grants to State Levee Safety Agencies.--
            (1) Grant program.--In carrying out the program under this 
        section, the Secretary shall provide grants to State levee 
        safety agencies to assist States in establishing, maintaining, 
        and improving levee safety programs.
            (2) Application.--
                    (A) In general.--To receive a grant under this 
                subsection, a State levee safety agency shall submit to 
                the Secretary an application in such time, in such 
                manner, and containing such information as the 
                Secretary may require.
                    (B) Inclusion.--An application under subparagraph 
                (A) shall include an agreement between the State levee 
                safety agency and the Secretary under which the State 
                levee safety agency shall, in accordance with State 
                law--
                            (i) review and approve plans and 
                        specifications to construct, enlarge, modify, 
                        remove, or abandon a levee in the State;
                            (ii) perform periodic inspections during 
                        levee construction to ensure compliance with 
                        the approved plans and specifications;
                            (iii) approve the construction of a levee 
                        in the State before the date on which the levee 
                        becomes operational;
                            (iv) inspect, at least once every 5 years, 
                        all levees and reservoirs in the State the 
                        failure of which would cause a significant 
                        threat to human life or property to determine 
                        whether the levees and reservoirs are safe;
                            (v) establish a procedure for more detailed 
                        and frequent safety inspections;
                            (vi) perform any inspection under the 
                        supervision of a State-registered professional 
                        engineer with related experience in levee 
                        design and construction;
                            (vii) issue notices, if necessary, to 
                        require owners of levees to perform necessary 
                        maintenance or remedial work, improve security, 
                        revise operating procedures, or take other 
                        actions, including breaching levees;
                            (viii) provide funds to--
                                    (I) ensure timely repairs or other 
                                changes to, or removal of, a levee in 
                                order to protect human life and 
                                property; and
                                    (II) if the owner of a levee does 
                                not take an action described in 
                                subclause (I), take appropriate action 
                                as expeditiously as practicable;
                            (ix) establish a system of emergency 
                        procedures and emergency response plans to be 
                        used if a levee fails or if the failure of a 
                        levee is imminent;
                            (x) identify--
                                    (I) each levee the failure of which 
                                could be reasonably expected to 
                                endanger human life;
                                    (II) the maximum area that could be 
                                flooded if a levee failed; and
                                    (III) necessary public facilities 
                                that would be affected by the flooding; 
                                and
                            (xi) for the period during which the grant 
                        is provided, maintain or exceed the aggregate 
                        expenditures of the State during the 2 fiscal 
                        years preceding the fiscal year during which 
                        the grant is provided to ensure levee safety.
            (3) Determination of secretary.--
                    (A) In general.--Not later than 120 days after the 
                date on which the Secretary receives an application 
                under paragraph (2), the Secretary shall approve or 
                disapprove the application.
                    (B) Notice of disapproval.--If the Secretary 
                disapproves an application under subparagraph (A), the 
                Secretary shall immediately provide to the State levee 
                safety agency a written notice of the disapproval, 
                including a description of--
                            (i) the reasons for the disapproval; and
                            (ii) changes necessary for approval of the 
                        application, if any.
                    (C) Failure to determine.--If the Secretary fails 
                to make a determination by the deadline under 
                subparagraph (A), the application shall be considered 
                to be approved.
            (4) Review of state levee safety programs.--
                    (A) In general.--The Secretary, in conjunction with 
                the Board, may periodically review any project carried 
                out using a grant under this subsection.
                    (B) Inadequate projects.--If the Secretary 
                determines under a review under subparagraph (A) that a 
                project is inadequate to reasonably protect human life 
                and property, the Secretary shall, until the Secretary 
                determines the project to be adequate--
                            (i) revoke the approval of the project; and
                            (ii) withhold assistance under this 
                        subsection.
    (g) Report.--Not later than 90 days after the end of each odd-
numbered fiscal year, the Secretary shall submit to Congress a report 
describing--
            (1) the status of the program under this section;
            (2) the progress made by Federal agencies during the 2 
        preceding fiscal years in implementing Federal guidelines for 
        levee safety;
            (3) the progress made by State levee safety agencies 
        participating in the program; and
            (4) recommendations for legislative or other action that 
        the Secretary considers to be necessary, if any.

SEC. 808. RESEARCH PROGRAM.

    (a) In General.--The Secretary, in cooperation with the Board, 
shall carry out a program of technical and archival research to develop 
and support--
            (1) improved techniques, historical experience, and 
        equipment for rapid and effective levee construction, 
        rehabilitation, and inspection;
            (2) the development of devices for the continued monitoring 
        of levee safety;
            (3) the development and maintenance of information 
        resources systems required to manage levee safety projects; and
            (4) public policy initiatives and other improvements 
        relating to levee safety engineering, security, and management.
    (b) Participation by State Levee Safety Agencies.--In carrying out 
the program under subsection (a), the Secretary shall--
            (1) solicit participation from State levee safety agencies; 
        and
            (2) periodically update State levee safety agencies and 
        Congress of the status of the program.

SEC. 809. LEVEE SAFETY TRAINING PROGRAM.

    The Secretary shall establish a program under which the Secretary 
shall provide training for State levee safety agency staff and 
inspectors to a State that has, or intends to develop, a State levee 
safety program, on request of the State.

SEC. 810. EFFECT OF TITLE.

    Nothing in this title--
            (1) creates any Federal liability relating to the recovery 
        of a levee caused by an action or failure to act;
            (2) relieves an owner or operator of a levee of any legal 
        duty, obligation, or liability relating to the ownership or 
        operation of the levee; or
            (3) preempts any applicable Federal or State law.

SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out this title $10,000,000 for each of fiscal years 2006 through 2011, 
to remain available until expended.

                 TITLE IX--EMERGENCY LEASE REQUIREMENTS

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Emergency Water Infrastructure 
Assistance Act of 2005''.

SEC. 902. EMERGENCY LEASES.

    Section 3307 of title 40, United States Code, is amended by 
striking subsection (e) and inserting the following:
    ``(e) Emergency Leases by the Administrator.--
            ``(1) In general.--Nothing in this section prevents the 
        Administrator from entering into an emergency lease during a 
        major disaster or other emergency declared by--
                    ``(A) the President under section 401 of the Robert 
                T. Stafford Disaster Relief and Emergency Assistance 
                Act (42 U.S.C. 5170); or
                    ``(B) the head of a Federal agency under applicable 
                Federal law.
            ``(2) Lease term.--The term of an emergency lease under 
        this subsection shall be not more than 5 years, unless the 
        prospectus of the lease is approved under subsection (a).
            ``(3) Report.--Not later than April 1 of each year, the 
        Administrator shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        report describing any emergency lease entered into under this 
        subsection during the preceding fiscal year.''.

SEC. 903. EFFECTIVE DATE.

    This Act and the amendments made by this Act affect only emergency 
leases entered into after August 1, 2005.

                            TITLE X--FUNDING

SEC. 1001. FUNDING.

    (a) Authorization of Appropriations.--Except as otherwise provided 
in this Act, there are authorized to be appropriated such sums as are 
necessary to carry out this Act.
    (b) Appropriation of Funds.--
            (1) In general.--Notwithstanding any other provision of 
        law, out of any funds in the Treasury not otherwise 
        appropriated, the Secretary of the Treasury shall make 
        available such sums as are necessary to carry out this Act.
            (2) Receipt and acceptance.--Any appropriate Federal 
        official shall be entitled to receive, shall accept, and shall 
        use to carry out this Act the funds made available under 
        paragraph (1), without further appropriation.
            (3) Availability of funds.--Funds made available under 
        paragraph (1) shall remain available until expended.
    (c) Emergency Designation.--Funds made available to carry out this 
Act by the transfer of funds in or pursuant to this section are 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress).

                    TITLE XI--BUILDING HABITABILITY

SEC. 1101. SHORT TITLE.

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

SEC. 1102. FINDINGS.

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

SEC. 1103. PURPOSES.

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

SEC. 1104. DEFINITIONS.

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

SEC. 1105. ABATEMENT AND INSPECTION GRANTS.

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

SEC. 1106. THRESHOLD LIMIT VALUES.

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

SEC. 1107. GUIDANCE FOR EVALUATION AND ABATEMENT OF MOLD.

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

SEC. 1108. CONTRACTOR TRAINING AND CERTIFICATION.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall promulgate regulations relating to 
the abatement, inspection, reduction, and remediation of mold to ensure 
that certified contractors are properly trained to carry out those 
activities, including establishing standards for the accreditation of 
training programs for contractors, supervisors, inspectors, and other 
workers.
    (b) Inclusions.--In promulgating regulations pursuant to subsection 
(a), the Administrator shall require that any mold inspection, 
abatement, or reduction activity carried out or funded, in whole or in 
part, by the Federal Government shall be conducted by a certified 
contractor.

SEC. 1109. TREATMENT.

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

SEC. 1110. AUTHORIZATION OF APPROPRIATIONS.

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

                TITLE XII--COMMUTER ASSISTANCE PROGRAMS

SEC. 1201. COMMUTER ASSISTANCE PROGRAMS.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act is amended by inserting after section 408 (42 U.S.C. 
5174) the following:

``SEC. 409. COMMUTER ASSISTANCE PROGRAMS.

    ``(a) Definition of Commuter Assistance Program.--In this section, 
the term `commuter assistance program' means any program relating to--
            ``(1) public transportation, including commuter trains and 
        rapid transit by bus;
            ``(2) ridesharing, such as carpooling or vanpooling; or
            ``(3) other kinds of transportation demand-side management.
    ``(b) Reimbursement for Establishment of Commuter Assistance 
Programs.--Any State or local governmental entity that, in conjunction 
with the Administrator of the Environmental Protection Agency and the 
Secretary of Transportation, establishes and implements a commuter 
assistance program to improve worker access to assist in the rapid 
recovery of communities in response to a major disaster or emergency 
declared under this Act shall be eligible to receive reimbursement 
under this Act for the cost of the commuter assistance program.
    ``(c) Technical Support.--The Administrator of the Environmental 
Protection Agency, in consultation with the Secretary of Transportation 
and the heads of other Federal agencies, shall use the Best Workplaces 
for Commuters Program of the Environmental Protection Agency to 
facilitate the development and implementation of commuter assistance 
programs to improve worker access to communities covered by a 
declaration of a major disaster under section 401.''.
                                 <all>