[Congressional Record Volume 151, Number 111 (Thursday, September 8, 2005)]
[Extensions of Remarks]
[Pages E1811-E1812]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      REGARDING H.R. 3673, MAKING FURTHER EMERGENCY SUPPLEMENTAL 
APPROPRIATIONS TO MEET IMMEDIATE NEEDS ARISING FROM THE CONSEQUENCES OF 
                           HURRICANE KATRINA

                                 ______
                                 

                        HON. SHEILA JACKSON-LEE

                                of texas

                    in the house of representatives

                      Thursday, September 8, 2005

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of this bill 
because of the grave and immediate need that exists. As a 
representative of Houston, Texas, where over 150,000 Katrina evacuees 
were received, I can say from first hand knowledge that this is truly 
only a first step toward what is necessary and emergent. This measure 
is an initial investment--a down payment--for a long-term relief 
package--that unfortunately has not yet been codified.
  Here we are, nine days after Hurricane Katrina devastated parts of 
Louisiana, Mississippi and Alabama. I want to thank Congressmen 
Jefferson and Thompson, who

[[Page E1812]]

have displayed great courage and resolve to help their constituents 
through the aftermath of this natural disaster. In my Congressional 
District in Houston tens of thousands of evacuees are being sheltered 
and fed. In fact, Americans throughout this country are stepping up to 
help those affected by this disaster. It demonstrates that once again 
in our darkest hour that we have united as a Nation to help our 
brothers and sisters who now seek to rebuild their lives.
  Dollars spent through the Department of Defense must be re-channeled 
directly to the affected regions and people in order to provide relief 
in a timely manner.
  Furthermore, we must find steps to move forward immediately to help 
those affected by this disaster and to try to prevent such an 
ineffective response from taking place again. I plan to introduce a 
number of legislative measures that will seek to alleviate the 
suffering of the survivors of the most devastating natural disaster in 
modern American history.
  Hurricane Katrina has traumatized children on a frightening scale. 
According to the United Nations, as many as 400,000 children have been 
left homeless. The United Nations Children's Fund (UNICEF) estimated 
that the greatest impact of the tragedy would be upon the young and 
that children make up between a third and a quarter of those affected 
by the catastrophe.
  Of an estimated 1.32 million people made homeless, there are around 
300,000 to 400,000 children--most of whom will remain so for weeks or 
months! This is the impetus behind legislation I plan to introduce that 
would provide a one-time grant for relief programs that would serve 
these children.
  I along with my Judiciary colleagues led by Ranking Member Conyers 
will introduce legislation to protect the hundreds of thousands of 
families and small businesses financially devastated by Hurricane 
Katrina from being penalized by debtor provisions contained in the 
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 
scheduled to take effect on October 17, 2005. This legislation is based 
in part on an amendment I offered at the markup of the Bankruptcy bill. 
We expect a Senate counterpart to be introduced this week as well.
  We are concerned that just as survivors of Hurricane Katrina are 
beginning to rebuild their lives, the new bankruptcy law will result in 
a further and unintended financial whammy. Unfortunately, the new law 
is likely to have the consequence of preventing devastated families 
from being able to obtain relief from massive and unexpected new 
financial obligations they are incurring by forcing them to repay their 
debt with income they no longer have, but which is counted by the law.
  Our bill makes several important adjustments. First, it would specify 
that individuals who are victims of natural disasters, and who incurred 
a substantial portion of their debt as a result of that disaster, are 
not subject to the ``means test'' and therefore cannot be forced 
into burdensome repayment plans. Although the current law includes an 
exception to the means test if the debtor can demonstrate ``special 
circumstances,'' qualifying for such an exemption will be quite costly 
and burdensome, and require numerous detailed filings and legal 
certifications. This is the last thing a hurricane victim should need 
to worry about. Since the current bankruptcy law counts all income 
earned in the six months prior to the bankruptcy as part of future 
income, this means that hurricane victims who have lost their jobs will 
be considered high income debtors who are presumed to be abusing the 
bankruptcy system. This is obviously absurd; so our bill gives the 
hurricane victims an automatic carve out, as we already do for certain 
categories of veterans.

  The legislation we plan to introduce will prevent new bankruptcy 
provisions from having adverse and unintended consequences for the 
hundreds of thousands of individuals now facing financial ruin by 
providing needed flexibility for victims of natural disasters in 
bankruptcy proceedings.
  I also plan to introduce a bill that will provide tax breaks for 
individuals who take in evacuees into their home. These people are 
stepping up to provide shelter and relief to their fellow Americans, 
and I believe it is certainly proper to encourage this behavior through 
the implementation of tax breaks.
  In addition, I propose legislation that will grant a minimum of 
20,000 two-year tenant-based housing assistance vouchers for Katrina's 
victims, together with transportation and relocation assistance to be 
used where necessary. These vouchers should be administered by local 
housing agencies presently administering HUD-funded Section 8 Housing 
Choice Voucher assistance, which are located in or near the areas 
hardest hit by Katrina. These agencies are already position to provide 
housing assistance and can play an extremely helpful role meeting the 
immediate housing needs of Katrina's victims. This legislation would 
also allow the Secretary of Housing and Urban Development to issue a 
wide range of statutory and regulatory waivers in order to most 
effectively and flexibly utilize HUD resources to meet the needs of 
victims.
  Finally, I am calling for the establishment of a Commission to study 
the genesis of the devastation caused by the hurricane. We need a 9/11 
style commission to know everything that took place. In addition, I am 
calling for the establishment of a position of an ombudsman for FEMA in 
order to provide proper oversight. Without a proper investigation, we 
cannot get all the answers and without the answers we can not provide 
the necessary legislation and oversight needed to try to prevent this 
kind of human suffering from happening again in the future.
  Mr. Chairman, the harm that has been incurred by the people of the 
many regions affected by the disaster--most of which could have been 
mitigated, will require many phases of rehabilitation. I support this 
legislation as an initial step.

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