II 109th CONGRESS 1st Session S. 1925 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.

1.

Short title

This Act may be cited as the Rebuild With Respect Act.

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.

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.

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.

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.

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.).

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.

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.

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.