[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1925 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1925

To provide for workers and businesses during the response to Hurricane 
          Katrina and Hurricane Rita, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 26, 2005

Mr. Kennedy (for himself, Mr. Reid, Mr. Harkin, Mr. Dodd, Ms. Mikulski, 
 Mr. Reed, Mrs. Boxer, Mr. Kerry, Mr. Dorgan, Mr. Schumer, Mr. Dayton, 
and Mr. Lautenberg) introduced the following bill; which was read twice 
and referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To provide for workers and businesses during the response to Hurricane 
          Katrina and Hurricane Rita, and for other purposes.

    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 ``Rebuild With Respect Act''.

SEC. 2. REINSTATEMENT OF DAVIS-BACON WAGE REQUIREMENTS.

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

SEC. 3. REINSTATEMENT OF AFFIRMATIVE ACTION REQUIREMENTS.

    (a) Definition.--In this section:
            (1) Affirmative action provisions.--The term ``affirmative 
        action provisions'' means the provisions of Executive Order 
        11246 (relating to equal employment opportunity), section 503 
        of the Rehabilitation Act of 1973 (29 U.S.C. 793), and section 
        4212 of title 38, United States Code (as added by the Vietnam 
        Era Veterans' Readjustment Assistance Act of 1972).
            (2) Executive agency.--The term ``executive agency'' has 
        the meaning given the term in section 4 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403).
    (b) Affirmative Action.--Notwithstanding the memorandum entitled 
``Contracts for Hurricane Katrina Relief Efforts'' issued by the Deputy 
Assistant Secretary for the Employment Standards Administration of the 
Department of Labor, dated September 9, 2005, and any other provision 
of law, the affirmative action provisions shall apply to all contracts 
(including any subcontracts of such contracts) between executive 
agencies and contractors, to which the affirmative action provisions 
would otherwise apply and that are entered into on or after the date of 
enactment of this Act, to provide Hurricane Katrina or Hurricane Rita 
relief. The contractors (including any subcontractors) for such 
contracts shall develop the written affirmative action programs, 
prepare the reports, and provide the notices usually required under the 
regulations to implement the affirmative action provisions.

SEC. 4. JOBS FOR WORKERS AFFECTED BY HURRICANE KATRINA AND HURRICANE 
              RITA.

    (a) Employment Requirement.--
            (1) Contracts.--Except as provided in subsection (b), the 
        head of an executive agency may not enter into a contract to 
        procure disaster relief property or services in connection with 
        Hurricane Katrina or Hurricane Rita reconstruction efforts 
        unless workers affected by Hurricane Katrina or Hurricane 
        Rita--
                    (A) comprise not less than 50 percent of the 
                workforce employed by the contractor to provide such 
                property or perform such services; and
                    (B) comprise not less than 50 percent of the 
                workforce employed by each subcontractor at each tier 
                in connection with such contract.
            (2) Grants.--
                    (A) In general.--Except as provided in subsection 
                (b), the head of an executive agency may not award a 
                grant of Federal funds to any recipient, including any 
                State or local government entity, for the purpose of 
                providing disaster relief property or services in 
                connection with Hurricane Katrina or Hurricane Rita 
                reconstruction efforts unless workers affected by 
                Hurricane Katrina or Hurricane Rita--
                            (i) comprise not less than 50 percent of 
                        the workforce employed by that recipient to 
                        provide such property or perform such services; 
                        and
                            (ii) comprise not less than 50 percent of 
                        the workforce employed by any indirect 
                        recipient of such grant funds to provide such 
                        property or perform such services.
                    (B) Employment requirement as condition to receipt 
                of funds.--The head of an executive agency shall 
                require each grantee, as a condition to receiving 
                Federal funds under a grant described in subparagraph 
                (A)--
                            (i) to comply with the workforce 
                        requirement under subparagraph (A)(i); and
                            (ii) to require that any indirect recipient 
                        of such funds shall, as a condition to 
                        receiving the funds, comply with the workforce 
                        requirement under subparagraph (A)(ii).
            (3) Exception for professional services.--The requirements 
        under paragraphs (1) and (2) do not apply to the procurement of 
        professional services.
    (b) Exemptions for Exceptional Circumstances.--
            (1) Authority.--The head of an executive agency may enter 
        into a contract or award a grant that would otherwise be 
        prohibited under subsection (a) due to the employment by an 
        employer of a workforce that does not meet the workforce 
        composition requirement under such subsection if the employer 
        qualifies for and receives an exemption under paragraph (2).
            (2) Procedure for granting exemptions.--
                    (A) In general.--Each executive agency entering 
                into a contract or awarding a grant for the purpose of 
                procuring disaster relief property or services in 
                connection with Hurricane Katrina or Hurricane Rita 
                reconstruction efforts shall establish procedures for 
                providing exemptions for employers who are unable to 
                comply with the workforce composition requirement under 
                subsection (a) due to an emergency, lack of available 
                workers who have been affected by Hurricane Katrina or 
                Hurricane Rita, or other exceptional circumstances.
                    (B) Minimum workforce composition requirement.--An 
                exemption provided pursuant to this paragraph shall 
                provide that workers affected by Hurricane Katrina or 
                Hurricane Rita comprise not less than 20 percent of the 
                workforce employed to provide disaster relief property 
                or services.
                    (C) Role of state and local government entities.--
                The procedures established under subparagraph (A) shall 
                provide that, if a State or local government is 
                involved with a contract, or is awarded a grant, for 
                the purpose of procuring disaster relief property or 
                services in connection with Hurricane Katrina or 
                Hurricane Rita reconstruction efforts, the State or 
                local government entity shall determine whether an 
                employer receives an exemption for the purpose of 
                providing such property or services.
            (3) Referral services.--An employer receiving an exemption 
        with respect to its workforce pursuant to paragraph (2) may be 
        required by the executive agency or State or local government 
        entity granting such exemption to increase the number of 
        workers who have been affected by Hurricane Katrina or 
        Hurricane Rita that are employed as part of such workforce by 
        using a program designated by the executive agency or State or 
        local government entity to facilitate the hiring of such 
        workers.
    (c) Reports on Employment of Workers.--
            (1) Reports required.--Each executive agency that enters 
        into a contract or awards a grant to procure disaster relief 
        property or services in connection with Hurricane Katrina or 
        Hurricane Rita reconstruction efforts shall, not later than 30 
        days after the end of each fiscal quarter, make publicly 
        available a report on the hiring of workers affected by 
        Hurricane Katrina or Hurricane Rita in connection with such 
        contract or grant.
            (2) Content.--Each report submitted under paragraph (1) 
        shall include, with respect to the preceding fiscal quarter, 
        information on--
                    (A) the total number of workers affected by 
                Hurricane Katrina or Hurricane Rita hired by each 
                contractor, subcontractor, or employer that provided 
                disaster relief property or services in connection with 
                Hurricane Katrina or Hurricane Rita reconstruction 
                efforts;
                    (B) the total number of individuals hired by each 
                contractor, subcontractor, or employer that provided 
                disaster relief property or services in connection with 
                Hurricane Katrina or Hurricane Rita reconstruction 
                efforts; and
                    (C) whether the executive agency provided any 
                exemptions pursuant to subsection (b)(2).
            (3) Source of information.--For purposes of preparing a 
        report required under paragraph (1), an executive agency shall 
        require employers providing disaster relief property or 
        services in connection with Hurricane Katrina or Hurricane Rita 
        reconstruction efforts to provide to the agency, under penalty 
        of perjury, all information relevant to such reports.
    (d) Regulations.--The Administrator for Federal Procurement Policy 
shall, not later than 30 days after the date of the enactment of this 
Act, issue a final rule for compliance by executive agencies with the 
requirements under this section.
    (e) Preemption.--This section and any requirements imposed by 
executive agencies under this section preempt and supersede all State 
and local laws, regulations, policies, and procedures to the extent 
that they are inconsistent with this section and such requirements.
    (f) Definitions.--In this section:
            (1) Disaster relief property and services.--The term 
        ``disaster relief property and services'' means--
                    (A) food, clothing, shelter, health care, 
                education, job training, building maintenance, security 
                services, humanitarian assistance, and other goods and 
                services provided to disaster victims; and
                    (B) demolition, cleaning, repair, renovation, 
                construction, and reconstruction services.
            (2) 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).
            (3) Workers affected by hurricane katrina or hurricane 
        rita.--The term ``workers affected by Hurricane Katrina or 
        Hurricane Rita'' means--
                    (A) workers who were residing in the area affected 
                by Hurricane Katrina as of August 28, 2005, and were 
                displaced or otherwise negatively affected as a result 
                of the hurricane; and
                    (B) workers who were residing in the area affected 
                by Hurricane Rita as of September 23, 2005, and were 
                displaced or otherwise negatively affected as a result 
                of the hurricane.

SEC. 5. CONTRACTS FOR BUSINESSES AFFECTED BY HURRICANE KATRINA OR 
              HURRICANE RITA.

    Notwithstanding section 307 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5150), for any contract 
(including a subcontract) described in section 4(a) that is offered on 
the lowest responsible bidder basis, an organization, firm, or 
individual residing or doing business primarily in an area affected by 
Hurricane Katrina or Hurricane Rita shall be awarded the contract if 
the bid of the organization, firm, or individual is less than or equal 
to 5 percent of the amount of the lowest non-local bid.

SEC. 6. PROTECTION FOR SMALL AND DISADVANTAGED BUSINESSES.

    (a) Definition.--In this section:
            (1) Disaster relief property or services; executive 
        agency.--The terms ``disaster relief property or services'' and 
        ``executive agency'' have the meanings given such terms in 
        section 4(f).
            (2) Small business.--The term ``small business'' means a 
        small business concern, as defined in section 3 of the Small 
        Business Act (15 U.S.C. 632).
    (b) Opportunity to Participate.--Each executive agency entering 
into a contract to procure disaster relief property or services in 
connection with Hurricane Katrina or Hurricane Rita reconstruction 
efforts shall afford the maximum practicable opportunity for small 
businesses to provide such property or services under such a contract.
    (c) Application of Laws.--Each executive agency entering into such 
a contract shall comply with the applicable provisions of the Federal 
Acquisition Regulation and the Small Business Act (15 U.S.C. 631 et 
seq.).

SEC. 7. DISASTER UNEMPLOYMENT ASSISTANCE.

    (a) In General.--Notwithstanding section 410 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177), 
in providing assistance under that section to individuals unemployed as 
a result of Hurricane Katrina or Hurricane Rita--
            (1) the President shall provide assistance for as long as 
        the unemployment of the individual continues, but for not 
        longer than 52 weeks after the date on which the unemployed 
        individual first receives assistance;
            (2) the President shall accept applications for assistance 
        for--
                    (A) the 90-day period beginning on the date on 
                which the applicable major disaster was declared; or
                    (B) such longer period as may be established by the 
                President; and
            (3) the amount of assistance provided to an unemployed 
        individual for each week of unemployment shall be--
                    (A) at a minimum, an amount equal to the average 
                amount of weekly State unemployment compensation (as 
                modified under this Act) provided to an individual as 
                of the date of the major disaster for which 
                unemployment assistance is provided; and
                    (B) at a maximum, an amount equal to the maximum 
                amount of weekly State unemployment compensation (as 
                modified under this Act) provided to an individual as 
                of the date of the major disaster for which 
                unemployment assistance is provided.
    (b) Unemployment as a Result of Major Disaster.--
            (1) In general.--For the purposes of this section, an 
        individual who is unemployed because a loss of business 
        resulting from a major disaster contributed importantly to the 
        employer's decision to reduce or terminate employment shall be 
        considered to be an individual unemployed as a result of a 
        major disaster.
            (2) Determination by secretary.--The Secretary of Homeland 
        Security, acting through the Director of the Federal Emergency 
        Management Agency, in shall include among individuals described 
        in paragraph (1) an individual who was employed with a firm or 
        subdivision of a firm with respect to which, as determined by 
        the Secretary--
                    (A) a significant number or proportion of the 
                employees have become totally or partially unemployed, 
                or are threatened to become totally or partially 
                unemployed, as a result of a major disaster; or
                    (B) sales or production, or both, have decreased 
                absolutely as a result of a major disaster.
    (c) Offset Requirements.--Notwithstanding any other provision of 
law, an individual affected by Hurricane Katrina or Hurricane Rita who 
receives or is eligible to receive disaster unemployment assistance 
under section 410 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5177) shall not be subject to any 
requirement to offset that disaster unemployment assistance with any 
other source of income other than such offset requirements as are in 
effect under the unemployment compensation program of the State in 
which the individual resided as of August 22, 2005.

SEC. 8. EMERGENCY UNEMPLOYMENT COMPENSATION.

    (a) Federal-State Agreements.--
            (1) In general.--Any State that is a qualified State and 
        that desires to do so may enter into and participate in an 
        agreement under this section with the Secretary. Any State that 
        is a party to an agreement under this section may, upon 
        providing 30 days' written notice to the Secretary, terminate 
        such agreement.
            (2) Provisions of agreement.--Any agreement under paragraph 
        (1) shall provide that the State agency of the State--
                    (A) will make payments of regular compensation in 
                conformance with the requirements of subsection (b); 
                and
                    (B) will make payments of emergency extended 
                unemployment compensation in conformance with the 
                requirements of subsection (c).
            (3) Qualified state.--For purposes of this section, the 
        term ``qualified State'' means Alabama, Florida, Louisiana, and 
        Mississippi.
    (b) Requirements Relating to Regular Compensation.--
            (1) In general.--Any agreement under this section shall 
        provide that the State agency of the State will make payments 
        of regular compensation to individuals in amounts and to the 
        extent that they would be determined if the State law of such 
        State were applied with the modification described in paragraph 
        (2).
            (2) Modification described.--
                    (A) Additional amount.--In the case of an eligible 
                individual, the amount of regular compensation 
                (including dependents' allowances) payable for any week 
                of unemployment to which such agreement applies shall 
                be equal to the amount determined under the State law 
                (before the application of this subparagraph), plus an 
                additional--
                            (i) 25 percent, or
                            (ii) $100,
                whichever is greater.
                    (B) Eligible individual.--For purposes of this 
                subsection, the term ``eligible individual'' means an 
                individual who--
                            (i) is receiving regular compensation under 
                        the State law of the State that is a party to 
                        the agreement; and
                            (ii) at any time during the week before the 
                        week that includes August 28, 2005, either held 
                        employment in or resided in an area--
                                    (I) that is within a qualified 
                                State; and
                                    (II) for which the President has 
                                declared a major disaster under the 
                                Robert T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5121 et seq.) as a result of Hurricane 
                                Katrina or Hurricane Rita.
            (3) Nonreduction rule.--Under the agreement, paragraph (2) 
        shall not apply (or shall cease to apply) with respect to a 
        State upon a determination by the Secretary that the method 
        governing the computation of regular compensation under the 
        State law of such State has been modified in a way such that--
                    (A) the average weekly amount of regular 
                compensation which will be payable during the period of 
                the agreement (determined disregarding the modification 
                described in paragraph (2)) will be less than
                    (B) the average weekly amount of regular 
                compensation which would otherwise have been payable 
                during such period under such State law, as in effect 
                on August 28, 2005.
            (4) Coordination rule.--The modification described in 
        paragraph (2) shall also apply in determining the amount of 
        benefits payable under any Federal law, to any eligible 
        individual, to the extent that those benefits are determined by 
        reference to regular compensation payable under the State law 
        of the State involved.
    (c) Requirements Relating to Emergency Extended Unemployment 
Compensation.--
            (1) In general.--Any agreement under this section shall 
        provide that the State agency of the State will, for any weeks 
        of unemployment to which such agreement applies, make payments 
        of emergency extended unemployment compensation under this 
        section to individuals who--
                    (A) have exhausted all rights to regular 
                compensation under the State law or under Federal law, 
                but only if exhaustion occurs upon or after the close 
                of the week that includes August 28, 2005;
                    (B) 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;
                    (C) are not receiving compensation with respect to 
                such week under the unemployment compensation law of 
                any other country; and
                    (D) at any time during the week before the week 
                that includes August 28, 2005, either held employment 
                in or resided in an area--
                            (i) that is within a qualified State; and
                            (ii) for which the President has declared a 
                        major disaster under the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act 
                        (42 U.S.C. 5121 et seq.) as a result of 
                        Hurricane Katrina or Hurricane Rita.
            (2) Exhaustion of benefits.--For purposes of paragraph 
        (1)(A), an individual shall be deemed to have exhausted such 
        individual's rights to regular compensation under a State law 
        when--
                    (A) 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
                    (B) 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.
            (3) Weekly benefit amount, etc.--For purposes of any 
        agreement under this section--
                    (A) the amount of emergency extended unemployment 
                compensation which shall be payable to any individual 
                for any week of total unemployment shall be equal to 
                the amount of the regular compensation (including 
                dependents' allowances) payable to such individual 
                during such individual's benefit year under the State 
                law for a week of total unemployment;
                    (B) the terms and conditions of the State law which 
                apply to claims for regular compensation and to the 
                payment thereof shall apply to claims for emergency 
                extended unemployment compensation and to the payment 
                thereof, except where otherwise inconsistent with the 
                provisions of this section or with the regulations or 
                operating instructions of the Secretary promulgated to 
                carry out this section; and
                    (C) the maximum amount of emergency extended 
                unemployment compensation payable to any individual for 
                whom an emergency extended unemployment compensation 
                account is established under paragraph (4) shall not 
                exceed the amount established in such account for such 
                individual.
            (4) Emergency extended unemployment compensation 
        accounts.--
                    (A) In general.--Any agreement under this section 
                shall provide that the State will establish, for each 
                eligible individual who files an application for 
                emergency extended unemployment compensation an 
                emergency extended unemployment compensation account 
                with respect to such individual's benefit year.
                    (B) Amount in account.--
                            (i) In general.--The amount established in 
                        an account under subparagraph (A) shall be the 
                        amount equal to 26 times the individual's 
                        average weekly benefit amount for the benefit 
                        year.
                            (ii) Weekly benefit amount.--For purposes 
                        of this subparagraph, an individual's average 
                        weekly benefit amount for any week is the 
                        amount of regular compensation (including 
                        dependents' allowances) under the State law 
                        payable to such individual for such week for 
                        total unemployment.
    (d) Payments to States.--
            (1) In general.--There shall be paid to each State which 
        has entered into an agreement under this section the following:
                    (A) An amount equal to 100 percent of any 
                additional regular compensation made payable to 
                individuals by such State by virtue of the modification 
                described in subsection (b)(2) and deemed to be in 
                effect with respect to such State pursuant to 
                subsection (b)(1).
                    (B) An amount equal to 100 percent of any emergency 
                extended unemployment compensation paid to individuals 
                by such State pursuant to such agreement.
                    (C) An amount equal to 100 percent of any regular 
                compensation, not otherwise reimbursable under this 
                section, paid by such State under the State law of such 
                State--
                            (i) to individuals whose unemployment was a 
                        result of Hurricane Katrina or Hurricane Rita 
                        (as determined under criteria established by 
                        the Secretary); and
                            (ii) for any weeks of unemployment to which 
                        such agreement applies.
            (2) Determination of amount.--Sums payable under this 
        subsection to any State by reason of such State having an 
        agreement under this section 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 subsection 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.
    (e) Financing Provisions.--
            (1) In general.--Funds in the extended unemployment 
        compensation account and the Federal unemployment account of 
        the Unemployment Trust Fund shall be used, in accordance with 
        succeeding provisions of this subsection, for the making of 
        payments to States having agreements entered into under this 
        section.
            (2) 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 section. 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--
                    (A) by transfers from the extended unemployment 
                compensation account of the Unemployment Trust Fund, to 
                the extent that they relate to amounts described in 
                subparagraph (A) or (B) of subsection (d)(1); and
                    (B) by transfers from the Federal unemployment 
                account of the Unemployment Trust Fund, to the extent 
                that they relate to amounts described in subparagraph 
                (C) of subsection (d)(1).
    (f) Definitions.--
            (1) In general.--For purposes of this section--
                    (A) the terms ``Secretary'', ``State'', ``State 
                agency'', ``State law'', ``regular compensation'', 
                ``week'', ``benefit year'', and ``base period'' have 
                the respective meanings given such terms under section 
                205 of the Federal-State Extended Unemployment 
                Compensation Act of 1970;
                    (B) the terms ``wages'' and ``employment'' have the 
                respective meanings given such terms under section 3306 
                of the Internal Revenue Code of 1986;
                    (C) the term ``extended unemployment compensation 
                account'' means the account established by section 
                905(a) of the Social Security Act;
                    (D) the term ``Federal unemployment account'' means 
                the account established by section 904(g) of the Social 
                Security Act; and
                    (E) the term ``Unemployment Trust Fund'' means the 
                fund established by section 904(a) of the Social 
                Security Act.
            (2) Special rule.--Notwithstanding any provision of 
        paragraph (1), in the case of a State entering into an 
        agreement under this section--
                    (A) the term ``State law'' shall be considered to 
                refer to the State law of such State, applied in 
                conformance with the modification described in 
                subsection (b)(2), subject to subsection (b)(3); and
                    (B) the term ``regular compensation'' shall be 
                considered to refer to such compensation, determined 
                under its State law (applied in the manner described in 
                subparagraph (A)),
        except as otherwise provided or where the context clearly 
        indicates otherwise.
    (g) Applicability.--An agreement entered into under this section 
shall apply to weeks of unemployment--
            (1) beginning on or after the first day of the week that 
        includes August 28, 2005; and
            (2) ending before December 1, 2006.

SEC. 9. SAFETY AND HEALTH PROTECTIONS FOR INDIVIDUALS IN AREAS AFFECTED 
              BY HURRICANE KATRINA OR HURRICANE RITA.

    (a) Medical Monitoring.--
            (1) Definitions.--In this subsection:
                    (A) Individual.--The term ``individual'' includes--
                            (i) a worker or volunteer who responds to 
                        Hurricane Katrina or Hurricane Rita, 
                        including--
                                    (I) a police officer;
                                    (II) a firefighter;
                                    (III) an emergency medical 
                                technician;
                                    (IV) another health care 
                                professional;
                                    (V) any participating member of an 
                                urban search and rescue team; and
                                    (VI) any other emergency responder, 
                                recovery, relief, or rescue worker, 
                                first responder, or volunteer that the 
                                Secretaries determine to be 
                                appropriate;
                            (ii) a worker who responds to Hurricane 
                        Katrina or Hurricane Rita by assisting in the 
                        reconstruction, cleanup, or restoration of 
                        critical infrastructure in and around a 
                        Hurricane Katrina disaster area or Hurricane 
                        Rita disaster area;
                            (iii) a person whose place of residence is 
                        located in a Hurricane Katrina disaster area or 
                        Hurricane Rita disaster area;
                            (iv) a person who is employed in or attends 
                        school, child care, or adult day care in a 
                        building located in a Hurricane Katrina 
                        disaster area or Hurricane Rita disaster area; 
                        and
                            (v) any other person that the Secretaries 
                        determine to be appropriate.
                    (B) Hurricane katrina disaster area.--The term 
                ``Hurricane Katrina disaster area'' means the disaster 
                area declared by the President 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) Hurricane rita disaster area.--The term 
                ``Hurricane Rita disaster area'' means the disaster 
                area declared by the President in accordance with 
                section 401 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5170), related 
                to Hurricane Rita.
                    (D) Local program.--The term ``local program'' 
                means a program described in paragraph (2) that is 
                carried out with respect to Hurricane Katrina or 
                Hurricane Rita.
                    (E) Secretaries.--The term ``Secretaries'' means 
                the Secretary of Health and Human Services, acting 
                through the Director of the Centers for Disease Control 
                and Prevention, and in conjunction with the Secretary 
                of Labor and the Administrator of the Environmental 
                Protection Agency.
                    (F) Substance of concern.--The term ``substance of 
                concern'' means a chemical or other substance that is 
                associated with potential acute or chronic human health 
                effects, the risk of exposure to which could 
                potentially be increased as the result of a disaster, 
                as determined by the Secretaries.
            (2) Program.--
                    (A) In general.--The Secretaries shall establish 
                and carry out programs with respect to Hurricane 
                Katrina and Hurricane Rita for the ongoing protection, 
                assessment, monitoring, and study of the safety and 
                health of individuals to ensure that--
                            (i) the individuals are adequately informed 
                        about and protected against potential health 
                        impacts of any substance of concern and 
                        potential mental health impacts of any 
                        substance of concern in a timely manner;
                            (ii) the individuals are monitored and 
                        studied over time, including through baseline 
                        and followup clinical health examinations, for 
                        any health impacts of any substance of concern 
                        and any mental health impacts of any substance 
                        of concern;
                            (iii) the individuals receive health care 
                        referrals as needed and appropriate; and
                            (iv) information from any such monitoring 
                        and studies is used to prevent or protect 
                        against similar health impacts and mental 
                        health impacts from future disasters.
                    (B) Activities.--A local program shall include 
                activities consisting of--
                            (i) collecting and analyzing environmental 
                        exposure data and associated diseases, 
                        illnesses, and injuries;
                            (ii) developing and disseminating 
                        information and educational materials, 
                        including conducting outreach to individuals;
                            (iii) performing baseline and followup 
                        clinical health and mental health examinations 
                        and taking biological samples, including 
                        clinical and environmental samples;
                            (iv) establishing and maintaining an 
                        exposure tracking clearinghouse, including data 
                        on degree of exposure;
                            (v) studying the human health impacts of 
                        any exposures through epidemiological and other 
                        health studies; and
                            (vi) providing assistance to individuals in 
                        determining eligibility for health coverage and 
                        identifying appropriate health services.
                    (C) Timing.--To the maximum extent practicable, 
                activities conducted under any local program (including 
                baseline health examinations) shall be commenced in a 
                timely manner that will ensure the highest level of 
                public health protection and effective monitoring.
                    (D) Participation in a local program.--
                            (i) In general.--Participation in a local 
                        program shall be voluntary.
                            (ii) Protection of privacy.--The 
                        Secretaries shall take appropriate measures to 
                        protect the privacy and ensure informed consent 
                        of any participant for whom data is maintained 
                        in the tracking clearinghouse described in 
                        subparagraph (B)(iv).
                    (E) Cooperative agreements.--
                            (i) In general.--The Secretary of Health 
                        and Human Services carry out a local program 
                        through a cooperative agreement with a medical 
                        institution, including a local health 
                        department, or a consortium of medical 
                        institutions.
                            (ii) Selection criteria.--To the maximum 
                        extent practicable, the Secretary shall select 
                        to carry out a program under clause (i) a 
                        medical institution or a consortium of medical 
                        institutions that--
                                    (I) is located near--
                                            (aa) the disaster area with 
                                        respect to which the program is 
                                        carried out; and
                                            (bb) any other area in 
                                        which there reside groups of 
                                        individuals that worked or 
                                        volunteered in response to the 
                                        disaster; and
                                    (II) has appropriate experience in 
                                the areas of environmental or 
                                occupational health, toxicology, and 
                                safety, including experience in--
                                            (aa) developing clinical 
                                        protocols and conducting 
                                        clinical health examinations, 
                                        including mental health 
                                        assessments;
                                            (bb) conducting long-term 
                                        health monitoring and 
                                        epidemiological studies;
                                            (cc) conducting long-term 
                                        mental health studies; and
                                            (dd) establishing and 
                                        maintaining medical 
                                        surveillance programs and 
                                        environmental exposure or 
                                        disease registries.
                    (F) Additional expertise.--In carrying out a local 
                program, the Secretary of Health and Human Services may 
                enter into a grant, cooperative agreement, or contract 
                with a medical institution (including a local health 
                department, a medical institution that is in a 
                Hurricane Katrina disaster area or Hurricane Rita 
                disaster area and in which groups of individuals 
                reside, or a consortium of medical institutions). In 
                selecting such institutions, the Secretary of Health 
                and Human Services shall ensure that such institutions 
                have appropriate expertise in the areas of 
                environmental or occupational health, toxicology, and 
                safety, including experience in--
                            (i) developing clinical protocols and 
                        conducting clinical health examinations, 
                        including mental health assessments;
                            (ii) conducting long-term health monitoring 
                        and epidemiological studies;
                            (iii) conducting long-term mental health 
                        studies; and
                            (iv) establishing and maintaining medical 
                        surveillance programs, environmental exposure 
                        clearinghouses, or disease tracking networks.
                    (G) Involvement.--In establishing and carrying out 
                a local program, the Secretaries shall involve 
                interested and affected parties, as appropriate, 
                including representatives of--
                            (i) Federal, State, and local government 
                        agencies;
                            (ii) groups of individuals that worked or 
                        volunteered in response to Hurricane Katrina or 
                        Hurricane Rita in the disaster area;
                            (iii) organizations representing employees 
                        engaged in emergency response or recovery work 
                        in the disaster area;
                            (iv) local residents, businesses, and 
                        schools (including parents and teachers);
                            (v) health care providers; and
                            (vi) other organizations and persons.
                    (H) Privacy.--The Secretaries shall carry out each 
                program described in subparagraph (A) in accordance 
                with regulations relating to privacy and informed 
                consent, including regulations under section 264(c) of 
                the Health Insurance Portability and Accountability Act 
                of 1996.
            (3) Report.--Not later than 90 days after the date of 
        enactment of this Act and annually thereafter, the Secretaries 
        shall prepare and submit to the appropriate committees of 
        Congress a report on the progress of the programs described in 
        paragraph (2)(A). Any medical institution that receives a grant 
        or enters into a cooperative agreement or contract under 
        paragraph (2)(E) shall provide such assistance as the Secretary 
        may require in preparing the report.
    (b) Occupational Safety and Health in Areas Affected by Hurricane 
Katrina or Hurricane Rita.--
            (1) Findings.--Congress finds the following:
                    (A) The Department of Homeland Security has 
                recently (as of the date of enactment of this Act) 
                adopted a National Response Plan that includes a Worker 
                Health and Safety Annex to protect first responders and 
                the response, recovery, and reconstruction workers who 
                work in areas affected by disasters, and such Annex has 
                been activated as part of the Federal Government 
                response to Hurricane Katrina.
                    (B) After Hurricane Katrina, the Environmental 
                Protection Agency has found heightened levels of e. 
                coli, lead, and other dangerous substances in the water 
                in New Orleans and the surrounding areas.
                    (C) First responders and other workers engaged in 
                the response, recovery, and reconstruction following 
                Hurricane Katrina and Hurricane Rita will be exposed to 
                chemical, biological, and physical hazards in their 
                work.
                    (D) Surveillance programs conducted by the National 
                Institute for Occupational Safety and Health and the 
                Centers for Disease Control and Prevention found that a 
                large number of response, recovery, and reconstruction 
                workers who worked at the World Trade Center following 
                the September 11, 2001, attacks suffered serious health 
                effects, particularly respiratory problems, as a result 
                of hazardous exposures at the World Trade Center, and a 
                recent Government Accountability Office report found 
                that there has been essentially no monitoring of 
                Federal employees who were exposed to toxins in the 
                clean-up activities at the World Trade Center.
            (2) Occupational health and safety in affected regions.--
        The Secretary of Labor, in coordination with the Director of 
        the National Institute for Occupational Safety and Health, the 
        Director of the National Institute of Environmental Health 
        Sciences, and other heads of appropriate Federal, State, and 
        local agencies, shall carry out, in each region 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 or related to Hurricane Rita, the following activities:
                    (A) Develop a site-specific occupational safety and 
                health plan for the region.
                    (B) Identify and assess health and safety hazards 
                in the region, including conducting continued 
                monitoring of incident safety on a 24-hours-a-day, 7-
                days-a-week basis until the Secretary determines that 
                the conditions no longer pose a threat to the safety or 
                health of workers in the region.
                    (C) Provide personal exposure monitoring for the 
                response, recovery, and reconstruction workers working 
                in the region on a 24-hours-a-day, 7-days-a-week basis, 
                including monitoring the workers for task-specific 
                exposure to chemical and biological contaminants and 
                physical stressors.
                    (D) Develop, implement, and monitor a personal 
                protective equipment program for the response, 
                recovery, and reconstruction workers working in the 
                region that shall include--
                            (i) guidance to response, recovery, and 
                        reconstruction workers working in the region on 
                        the selection, use, and decontamination of such 
                        equipment;
                            (ii) implementation of a respiratory 
                        protection fit-test program for such workers; 
                        and
                            (iii) distribution of personal protective 
                        equipment to such workers.
                    (E) Collect and manage the sharing of data 
                regarding the safety and health hazards in the region 
                with response organizations in the region.
                    (F) Identify the sites and operations within the 
                region to which section 1910.120 of title 29, Code of 
                Federal Regulations (relating to hazardous waste 
                operations and emergency response) shall presumptively 
                apply, and actively monitor and enforce compliance with 
                such section at such sites and operations.
                    (G) Communicate with labor organizations, 
                contractors, and other organizations in the region 
                regarding safety and health issues for the response, 
                recovery, and reconstruction workers working in the 
                region.
                    (H) Provide guidance on the training that should be 
                provided to the response, recovery, and reconstruction 
                workers working in the region. At a minimum, such 
                training shall include the elements taught in the OSHA 
                Training Institute Disaster Site Worker Course.
                    (I) Provide psychological first aid to the 
                response, recovery, and reconstruction workers working 
                in the region.
                    (J) Identify and work with the Secretary of Health 
                and Human Services on appropriate immunization and 
                other prophylaxis for the response, recovery, and 
                reconstruction workers working in the region.
                    (K) Fully apply and enforce in the region all 
                Federal laws relating to the safety and health of 
                workers, including applicable standards and regulations 
                promulgated by the Secretary of Labor or by the 
                Secretary of Labor, acting through the Assistant 
                Secretary of Labor for Occupational Safety and Health.
                    (L) Provide the resources available to response, 
                recovery, and reconstruction workers under this 
                paragraph to State and local government response, 
                recovery, and reconstruction workers working in the 
                region for whom such resources are not otherwise 
                available.
            (3) Training of hazardous substance responders.--
                    (A) In general.--The Director of the National 
                Institute of Environmental Health Sciences shall 
                provide the safety and health training activities 
                described in subparagraph (B) to hazardous substance 
                responders working in highly contaminated locations, 
                and uncontrolled waste sites, that are located in areas 
                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 or related to 
                Hurricane Rita.
                    (B) Training priorities.--Safety and health 
                training activities provided under this paragraph shall 
                focus on preparing response, recovery, and 
                reconstruction workers for work in contaminated 
                locations in the major disaster area, such as--
                            (i) submerged sites 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));
                            (ii) locations with land-based oil spills; 
                        and
                            (iii) locations with leaking tanks, 
                        refineries, or chemical plants.
                    (C) Coordination assistance.--The Secretary of 
                Labor and the Assistant Secretary of Labor for 
                Occupational Safety and Health shall assist the 
                Director of the National Institute of Environmental 
                Health Sciences in the coordination of training under 
                this paragraph.
            (4) Application of occupational safety and health act of 
        1970 standards to employers and employees engaged in relief and 
        recovery activities on the gulf coast.--
                    (A) General applicability.--Notwithstanding any 
                other provision of law, the health and safety standards 
                and regulations promulgated by the Secretary of Labor 
                pursuant to the Occupational Safety and Health Act of 
                1970 (29 U.S.C. 651 et seq.), shall be applicable to 
                States and political subdivisions and public agencies 
                thereof, in States that are receiving Federal financial 
                assistance for the purpose of engaging in disaster 
                relief and recovery activities in response to Hurricane 
                Katrina or Hurricane Rita. Such health and safety 
                standards and regulations shall apply to employment and 
                places of employment where employees of States and 
                political subdivisions and public agencies thereof are 
                engaged in disaster relief and recovery activities in 
                response to Hurricane Katrina or Hurricane Rita.
                    (B) Technical and financial assistance.--The 
                Secretary of Labor shall provide technical and 
                financial assistance to States and political 
                subdivisions and public agencies of States to 
                facilitate and aid compliance with the requirements of 
                this paragraph.
                    (C) Enforcement.--The enforcement provisions of the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                651 et seq.), shall apply to the places of employment 
                and activities described in subparagraph (A), and the 
                Secretary of Labor is authorized to bring enforcement 
                actions under the applicable provisions of the 
                Occupational Safety and Health Act of 1970.
            (5) Report.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary of Labor shall prepare and 
        submit a report to Congress on the progress in carrying out the 
        activities described in paragraphs (2) and (3), including 
        information on the resources expended for such activities and 
        any additional resources needed to fully implement such 
        activities.
                                 <all>