[Congressional Record Volume 151, Number 111 (Thursday, September 8, 2005)]
[Senate]
[Pages S9835-S9847]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LAUTENBERG (for himself, Mr. Martinez, and Mr. Lieberman):
  S. 1635. A bill to establish ocean bottom trawl areas in which 
trawling is permitted, to protect deep sea corals and sponges, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. LAUTENBERG. President, I rise today to introduce, with my 
colleague Senator Martinez, a bill that will balance the needs of 
fishermen with the needs of some of our most precious and vulnerable 
ocean resources: deep sea corals and sponges. Fishing and fishing 
communities are an important part of our culture, our history, and our 
economy. Deep sea corals and sponges are an important suite of species 
with wide economic potential extreme valuable ecologically. It is 
imperative that we protect the needs of both.
  Deep sea corals are similar to tropical shallow-water corals, but are 
found in the deep cold waters near seamounts, ridges, undersea canyons, 
and the margins of the continental shelf. Like shallow-water corals, 
deep sea corals and sponges can form deepreefs and gardens that are 
essential to numerous marine species. For example, more than 1,300 
species live among the Lophelia coral reefs in the northeastern 
Atlantic Ocean. These animals rely on complex coral and sponge habitats 
for spawning, food, and shelter from predation.
  Deep sea corals and sponges are also important to humans. They 
provide habitat that commercially and recreationally important fish can 
use, and many are under study as sources of new biomedical compounds to 
fight various diseases.
  Scientists around the world believe that these newly discovered deep 
sea corals and sponges are as important as, if not more important than, 
their tropical cousins. The U.S. Commission on Ocean Policy suggested 
that the biodiversity of deep sea coral communities may rival that of 
shallow-water coral reefs. The National Oceanic and Atmospheric 
Administration stated in 2002 that deep sea coral ecosystems are ``much 
more extensive and of more widespread economic importance than tropical 
coral reefs.''
  Unfortunately, some types of fishing gear are detrimental to deep sea 
coral and sponge habitat. Today there is a serious risk that these 
precious deep sea corals, sponges, and their complex habitats will be 
inadvertently destroyed before they can be properly assessed by the 
scientific community. A single pass with a bottom trawl can wipe out a 
swath of this habitat that, because these species are extremely slow-
growing, can remain bare for decades if not centuries. The U.S. 
Commission on Ocean Policy's 2004 report emphasizes that deep sea 
corals need action for protection. Five of the eight Regional Fisheries 
Management Councils agree, and have recently set aside many of their 
coral habitat areas as no-bottom-trawling zones.
  The Bottom Trawl and Deep Sea Coral Habitat Act builds on actions of 
these Councils, providing protection for deep sea corals and sponges 
while also preserving fishermen's access to areas that have 
traditionally been trawled. The bill establishes three types of zones. 
Areas that are known to contain deep sea corals and sponges are set 
aside as Coral Habitat Zones, granting these species immediate 
protection. Areas that have been trawled at any time in the past seven 
years are established as Bottom Trawling Zones, where bottom trawling 
is permitted. Areas that fit neither category are defined Undesignated 
Zones, available at any time to be assigned as either Coral Habitat or 
Bottom Trawling Zones with results of research activities. Fishermen 
play a large role, through the Regional Councils, in defining how large 
these zones will be, and other types of fishing that do not use bottom 
gear are not impacted.

  The process of zone designation is designed not to shrink the area of 
existing bottom trawling but to limit the opening of new grounds to 
bottom trawling until after scientists discover the extent of deep sea 
corals and sponges. The intent is to preserve access to all areas that 
do not contain deep sea coral and sponge and that have been part of the 
fishing community's traditional grounds. These are not small areas. 
Traditional bottom trawl grounds include a large proportion of the U.S. 
Exclusive Economic Zone: 10 percent according to National Research 
Council data. In some regions, 75 percent of the shelf within 50 miles 
of shore in is trawled with bottom gear.
  We must act quickly, and our legislation provides a balanced approach 
to protection of fishing and protection of the environment. I call on 
my colleagues on the Commerce Committee, and the Senate leadership to 
take up, consider, and pass this bill as soon as possible.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1635

       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 ``Bottom Trawl and Deep Sea 
     Coral Habitat Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Ocean resources are a vital component of the United 
     States economy, as noted by the United States Commission on 
     Ocean Policy.
       (2) A proper balance of use and protection of ocean 
     resources is necessary to ensure the sustainability of such 
     resources.
       (3) Deep ocean habitats provide fishery resources and sites 
     for deep sea corals and deep sea sponges.
       (4) Many fishermen of the United States derive their 
     livelihoods from fishing in deep ocean areas.
       (5) It is important that fishermen continue to be permitted 
     to use areas that have traditionally been fished, as long as 
     conservation considerations allow.
       (6) According to the National Research Council, 
     approximately 10 percent of the United States Exclusive 
     Economic Zone, an area of a total of 3,400,000 square 
     nautical miles, is used each year by fishermen who employ 
     bottom trawls and, in the area that is 50 miles or less from 
     shore, this percentage is higher than 75 percent in some 
     regions.
       (7) Vessel monitoring systems are increasingly used in the 
     fishing industry. For example, coverage of such systems for 
     bottom trawl vessels in the Pacific and North Pacific is 100 
     percent.
       (8) Deep sea corals and deep sea sponges host biological 
     diversity that, according to the United States Commission on 
     Ocean Policy, ``may rival that of coral communities in 
     warmer, shallower waters''. For example, more than 1,300 
     species live among Lophelia coral reefs in the northeastern 
     Atlantic Ocean.
       (9) Complex seafloor habitats created by structure-forming 
     organisms, such as deep sea corals and deep sea sponges, 
     provide spawning habitat, food, and shelter to numerous 
     fishes and other associated species,

[[Page S9836]]

     including commercially and recreationally targeted species.
       (10) Deep sea corals and deep sea sponges typically exhibit 
     slow growth, extreme longevity, and highly patchy 
     distribution, predominately along continental margins, 
     seamounts, undersea canyons, and ridges.
       (11) Deep sea corals and deep sea sponges have not been 
     fully studied for their benefit to society or for their 
     ecological importance to other associated species.
       (12) Deep sea corals, deep sea sponges, and their 
     associated invertebrates are a potential source of compounds 
     with biomedical properties, some of which are currently in 
     clinical trials to study their anti-cancer, anti-tumor, and 
     anti-inflammatory properties.
       (13) The United States Commission on Ocean Policy found 
     that deep sea corals, along with their shallow-water 
     counterparts, are declining at a ``disturbing pace,'' and 
     that certain types of fishing gear damage deep sea coral 
     ecosystems.
       (14) The National Research Council, in a 2002 report to 
     Congress on the effects of trawling and dredging on seafloor 
     habitats, found that deep sea corals warrant protection, 
     based on evidence of the destruction of structured habitats 
     caused by bottom trawls and dredges.
       (15) The President's Ocean Action Plan of 2004 ``encourages 
     all regional fishery management councils to take action, 
     where appropriate, to protect deep-sea corals when developing 
     and implementing regional fishery management plans'' and 
     includes provisions to ``research, survey, and protect deep-
     sea coral communities''.
       (16) In 2005, the North Pacific Fishery Management Council 
     proposed measures that will be adopted pending approval by 
     the Secretary of Commerce to confine use of bottom trawls in 
     the Aleutian Islands exclusive economic zone to specified 
     historically productive fishing areas, to disallow use of 
     bottom trawls in historically unfished areas of Aleutian 
     Islands waters where deep sea corals have been undisturbed, 
     to designate as no-trawling zones those areas where coral 
     ecosystems are known to exist, and to develop a comprehensive 
     plan for research and monitoring.

     SEC. 3. PURPOSES.

       (a) In General.--The purposes of this Act are--
       (1) to permit fishermen to use bottom trawls in areas that, 
     traditionally, have been fished using bottom trawls and that 
     do not contain deep sea coral and sponge ecosystems;
       (2) to provide long-term protection for deep sea coral and 
     sponge ecosystems, particularly in areas that have not 
     traditionally been fished with bottom trawls; and
       (3) to identify, map, and assess deep sea coral and sponge 
     ecosystems to create a balanced policy for maintenance of 
     fishing and protection of deep sea ecosystems.
       (b) Process.--The Secretary shall use a process that 
     achieves an outcome similar to the outcome achieved by the 
     North Pacific Regional Fishery Management Council--
       (1) to protect the habitat of deep sea corals or deep sea 
     sponges to carry out the purposes of this Act; and
       (2) to identify areas that are open to the use of bottom 
     trawls and areas closed to such use where deep sea coral and 
     sponge ecosystems are present and protected.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Bottom trawl.--The term ``bottom trawl'' means any 
     trawl or dredge fishing gear that contacts the seafloor while 
     in use, including pelagic trawls that contact the seafloor 
     while in use, otter trawls, and scallop dredges.
       (2) Bottom trawl zone.--The term ``Bottom Trawl Zone'' 
     means any area designated under section 7 or section 10 as a 
     Bottom Trawl Zone.
       (3) Coral habitat conservation zone.--The term ``Coral 
     Habitat Conservation Zone'' means any area designated under 
     section 8 or section 11 as a Coral Habitat Conservation Zone.
       (4) Council.--The term ``Council'' means any Regional 
     Fishery Management Council established by section 302 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1852).
       (5) Deep sea coral and sponge ecosystem.--The term ``deep 
     sea coral and sponge ecosystem'' means an ecosystem that 
     meets the criteria established by the Secretary pursuant to 
     section 5(d) of this Act composed of living deep sea corals 
     or deep sea sponges, the benthic and demersal species 
     associated with them, and the biological, physical, chemical, 
     and geologic components that constitute habitat for corals or 
     sponges.
       (6) Deep sea corals.--The term ``deep sea corals'' means 
     the species that--
       (A) occur at a depth of greater than 50 meters;
       (B) do not contain symbiotic algae; and
       (C) are in the phylum Cnidaria, in the order--
       (i) Antipatharia (black corals);
       (ii) Scleractinia (stony corals);
       (iii) Gorgonacea (horny corals);
       (iv) Alcyonacea (soft corals);
       (v) Pennatulacea (sea pens), in the class Anthozoa; or
       (vi) Hydrocorallina (hydrocorals), in the class Hydrozoa.
       (7) Deep sea sponges.--The term ``deep sea sponges'' means 
     species of the phylum Porifera that occur at a depth of 
     greater than 50 meters.
       (8) Exclusive economic zone.--The term ``exclusive economic 
     zone'' has the meaning given that term in section 3 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1802).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce or the Secretary's designee.
       (10) Vessel monitoring system.--The term ``Vessel 
     Monitoring System'' means a type of mobile transceiver unit 
     that--
       (A) is approved by the Office of Law Enforcement of the 
     National Marine Fisheries Service; and
       (B) automatically determines the vessel's position and 
     transmits that information to a communications service 
     provider that is approved by such Office for transmission and 
     relay to such Office.

     SEC. 5. MAPPING AND RESEARCH.

       (a) Requirement for Mapping and Research.--The Secretary 
     shall direct the Under Secretary for Oceans and Atmosphere to 
     prepare and carry out a comprehensive program to explore, 
     identify, research, and map the locations of deep sea corals 
     and deep sea sponges.
       (b) Description of Mapping and Research.--The program 
     described in subsection (a) shall include--
       (1) creating maps of the locations of deep sea coral and 
     sponge ecosystems; and
       (2) conducting research related to deep sea corals and deep 
     sea sponges, including research related to--
       (A) the natural history of such species;
       (B) the taxonomic classification of such species;
       (C) the ecological roles of such species;
       (D) the growth rates of such species;
       (E) the anthropogenic, ecological, and other benefits of 
     such species and the habitats of such species; and
       (F) the correlation of deep sea corals and deep sea sponges 
     with various types of geologic formations, physical features, 
     and other predictors of presence.
       (c) Cooperative Research Program.--The Secretary, in 
     consultation with the Councils, shall develop a cooperative 
     research program to identify--
       (1) the ideal areas for the use of bottom trawls; and
       (2) the locations of deep sea corals and deep sea sponges.
       (d) Thresholds of Deep Sea Coral and Sponge Presence.--
       (1) In general.--The Secretary, in consultation with the 
     Councils and expert scientists, shall determine the 
     thresholds above which the abundances of various deep sea 
     corals or deep sea sponges shall be considered to constitute 
     an ecosystem. In determining such thresholds, the Secretary 
     shall consider the life histories and growth rates of deep 
     sea corals and deep sea sponges and the criteria set out in 
     paragraph (2).
       (2) Criteria.--In determining the thresholds under 
     paragraph (1), the Secretary shall consider the following 
     criteria:
       (A) Bycatch per unit effort of deep sea corals or deep sea 
     sponges in fishery trawls.
       (B) Presence of deep sea corals or deep sea sponges in 
     research surveys.
       (C) Predictions of the presence of deep sea corals or deep 
     sea sponges based on correlations with geologic or physical 
     features.
       (D) Other methods indicating ecologically meaningful 
     presence of these species in an area.

     SEC. 6. USE OF BEST AVAILABLE DATA.

       (a) Requirement.--The Secretary shall use the best 
     available data to determine if an area shall be designated as 
     a Bottom Trawl Zone or as a Coral Habitat Conservation Zone.
       (b) Considerations.--In delineating the boundary and 
     determining the size of an area to be designated as a Bottom 
     Trawl Zone or a Coral Habitat Conservation Zone, the relevant 
     council and the Secretary shall consider--
       (1) the precision and accuracy of the available trawl 
     location data considered in making such determination;
       (2) the precision and accuracy of deep sea coral and deep 
     sea sponge presence data considered in making such 
     determination;
       (3) the economic cost of such designation to industry and 
     the ecological costs and benefits of such designation to deep 
     sea corals and deep sea sponges in the area; and
       (4) the ease of enforcement of such designation.
       (c) Coral Habitat Conservation Zones.--Notwithstanding the 
     considerations in subsection (b), in delineating the boundary 
     and determining the size of an area to be designated as a 
     Coral Habitat Conservation Zone, the relevant Council and the 
     Secretary--
       (1) shall ensure that each area that is determined to 
     contain a deep sea coral and sponge ecosystem is designated 
     as a Coral Habitat Conservation Zone; and
       (2) may include a buffer area around deep sea corals or 
     deep sea sponges present in such Zone to ensure the complete 
     protection of potential deep sea corals or deep sea sponges 
     in the area or to facilitate the enforcement of any 
     appropriate prohibitions, rules, or regulations within such 
     Zone.

     SEC. 7. INITIAL DESIGNATION OF BOTTOM TRAWL ZONES.

       (a) Recommendation by a Council.--Not later than 24 months 
     after the date of enactment of this Act, each Council, after 
     notice and an opportunity for public comment, shall submit to 
     the Secretary and the Secretary shall publish in the Federal 
     Register--

[[Page S9837]]

       (1) a list of all areas for which the Council has 
     responsibilities that were fished using bottom trawls during 
     the 7-year period ending on December 31, 2004; and
       (2) recommendations on which portions of the areas 
     identified in paragraph (1) should be designated as Bottom 
     Trawl Zones.
       (b) Standards for Initial Designation.--An area may not be 
     designated as a Bottom Trawl Zone if there is evidence that a 
     deep sea coral and sponge ecosystem is present in such area.
       (c) Designation Process.--
       (1) Proposed rule.--Not later than 9 months after the date 
     of the publication of a Council's recommendations in the 
     Federal Register pursuant to subsection (a)(2), the Secretary 
     shall publish in the Federal Register a proposed rule to 
     designate each area or the portion of such area that does not 
     contain a deep sea coral and sponge ecosystem as a Bottom 
     Trawl Zone.
       (2) Failure to recommend.--If a Council fails to submit 
     recommendations to the Secretary under subsection (a), not 
     later than 33 months after the date of enactment of this Act, 
     the Secretary shall publish in the Federal Register a list of 
     areas located in the area for which such Council has 
     responsibility that the Secretary proposes to designate as 
     Bottom Trawl Zones.
       (3) Comment period.--The Secretary shall accept comments on 
     a proposal published under paragraph (1) or (2) for 60 days 
     after the date of such publication.
       (4) Final determination.--
       (A) In general.--Not later than 30 days after the date of 
     the end of the comment period described in paragraph (3), the 
     Secretary shall designate an area included in a proposal 
     published under paragraph (1) or (2) as a Bottom Trawl Zone 
     if such area meets the standards for such designation set out 
     in subsection (b).
       (B) Publication.--The Secretary shall publish in the 
     Federal Register each designation made under subparagraph 
     (A).
       (d) Activities Within Bottom Trawl Zones.--After the date 
     that is 30 days after the date of the end of the comment 
     period described in subsection (c)(3), bottom trawls may not 
     be used in an area that is not designated as a Bottom Trawl 
     Zone.

     SEC. 8. INITIAL DESIGNATION OF CORAL HABITAT CONSERVATION 
                   ZONES.

       (a) Designation by the Secretary.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall designate as a 
     Coral Habitat Conservation Zone each area--
       (A) that a Council, prior to the date of enactment of this 
     Act, has designated as an area in which the use of bottom 
     trawls is prohibited for the protection of seafloor habitat; 
     or
       (B) for which a map of the presence of deep sea corals or 
     deep sea sponges has been developed and for which the best 
     available data confirm the presence of deep sea corals or 
     deep sea sponges.
       (2) Publication and effective date.--Not later than 60 days 
     after the date of enactment of this Act, the Secretary shall 
     publish in the Federal Register each area designated as a 
     Coral Habitat Conservation Zone under paragraph (1) and such 
     designation shall become effective on the date of such 
     publication.
       (b) Recommendation by a Council.--
       (1) Submission to the secretary.--Not later than 24 months 
     after the date of enactment of this Act, each Council, after 
     notice and an opportunity for public comment, shall submit to 
     the Secretary a list of all areas known to contain deep sea 
     corals or deep sea sponges.
       (2) Included areas.--A list submitted by a Council under 
     paragraph (1) shall include each area that was considered for 
     designation as a Bottom Trawl Zone under section 7(a) if such 
     area that was determined by the Council or the Secretary to 
     contain a deep sea coral and sponge ecosystem.
       (3) Publication.--The Secretary shall publish in the 
     Federal Register a list submitted by a Council under 
     paragraph (1).
       (c) Designation Process.--
       (1) Proposed rule.--Not later than 9 months after the date 
     of the publication of a Council's recommendations pursuant to 
     subsection (b)(3), the Secretary shall publish in the Federal 
     Register a proposed rule to designate each area identified in 
     such publication as a Coral Habitat Conservation Zone.
       (2) Failure to recommend.--If a Council fails to submit 
     recommendations to the Secretary under subsection (b)(1), not 
     later than 33 months after the date of enactment of this Act, 
     the Secretary shall publish in the Federal Register a list of 
     areas located in the area for which such Council has 
     responsibility that the Secretary proposes to designate as 
     Coral Habitat Conservation Zones.
       (3) Comment period.--The Secretary shall accept comments on 
     any proposed rule published under paragraph (1) or (2) for 60 
     days after the date of such publication.
       (4) Final determination.--
       (A) In general.--Not later than 30 days after the date of 
     the end of the comment period described in paragraph (3), the 
     Secretary shall--
       (i) designate each area, or portion of such area, included 
     in a proposed rule published under paragraph (1) as a Coral 
     Habitat Conservation Zone, if there is rational basis for 
     such designation; or
       (ii) if the Secretary fails to make a designation under 
     clause (i) for an area, provide a justification for such 
     failure.
       (B) Publication.--The Secretary shall publish in the 
     Federal Register each designation made under subparagraph 
     (A)(i) or justification required under subparagraph (A)(ii).
       (C) Inaction.--If the Secretary does not publish the 
     designation of an area under subparagraph (A)(i) or the 
     justification required under paragraph (A)(ii) for such area 
     within 30 days of the date of the end of the comment period 
     described in paragraph (3), such area shall be deemed to be a 
     Coral Habitat Conservation Zone as if so designated by the 
     Secretary.

     SEC. 9. UNDESIGNATED AREAS.

       An area not initially designated as a Bottom Trawl Zone 
     under section 7 or as a Coral Habitat Conservation Zone under 
     section 8 shall be available for subsequent designation as a 
     Bottom Trawl Zone under section 10 or as a Coral Habitat 
     Conservation Zone under section 11.

     SEC. 10. SUBSEQUENT DESIGNATION OF BOTTOM TRAWL ZONES.

       (a) Standards for Subsequent Designation.--After the 
     initial designations of Bottom Trawl Zones made under section 
     7, the Secretary, in consultation with the relevant Council, 
     shall designate an area as a Bottom Trawl Zone if--
       (1) the area has been surveyed for the presence of deep sea 
     corals and deep sea sponges; and
       (2) there is no deep sea coral and sponge ecosystem present 
     in the area.
       (b) Recommendation by a Council.--Upon the recommendation 
     of the appropriate Council, the Secretary may consider any 
     previously undesignated area for designation as a Bottom 
     Trawl Zone. The Secretary may designate such area as a Bottom 
     Trawl Zone under this section only if such area meets the 
     designation standards set out in paragraphs (1) and (2) of 
     subsection (a).
       (c) Designation Process.--
       (1) Proposed rule.--The Secretary shall publish in the 
     Federal Register a proposed rule to designate an area that is 
     not a Bottom Trawl Zone or a Coral Habitat Conservation Zone 
     and that meets the standards set out in paragraphs (1) and 
     (2) of subsection (a) as a Bottom Trawl Zone whether 
     identified by the Secretary or by a Council pursuant to 
     subsection (b).
       (2) Comment period.--The Secretary shall accept comments on 
     any proposed rule published under paragraph (1) for 60 days 
     after the date of the publication of such proposed rule.
       (3) Final determination.--
       (A) In general.--Not later than 30 days after the date of 
     the end of the comment period described in paragraph (2), the 
     Secretary shall designate as a Bottom Trawl Area each area, 
     or part of such area, included in a proposed rule published 
     under paragraph (1) if the area meets the requirements of 
     paragraphs (1) and (2) of subsection (a).
       (B) Publication.--The Secretary shall publish in the 
     Federal Register each designation made under subparagraph 
     (A).

     SEC. 11. SUBSEQUENT DESIGNATION OF CORAL HABITAT CONSERVATION 
                   ZONES.

       (a) Standards for Subsequent Designation.--The Secretary, 
     in consultation with the Councils, shall designate an area as 
     a Coral Habitat Conservation Zone if the best available data 
     indicate the presence of a deep sea coral and sponge 
     ecosystem in such area.
       (b) Subsequent Designation Through Bycatch Records, 
     Research, or Mapping.--
       (1) Review of data.--The Secretary shall continually 
     collect and review, for the purpose of making a determination 
     on the presence of deep sea coral and sponge ecosystems in an 
     area, the following data:
       (A) Bycatch records.
       (B) Data and analysis that results from the mapping and 
     research conducted pursuant to section 5.
       (C) Any other research, mapping, or survey data that the 
     Secretary determines is appropriate.
       (2) Designations based on the review of data.--If the 
     Secretary, in consultation with the relevant Council, 
     determines that data reviewed under paragraph (1) indicates 
     the presence of a deep sea coral and sponge ecosystem, the 
     Secretary, in consultation with the Council, shall designate 
     the area as a Coral Habitat Conservation Zone and, if 
     appropriate, terminate the designation of the area as a 
     Bottom Trawl Zone.
       (c) Recommendation by a Council.--Upon the recommendation 
     of the appropriate Council, the Secretary may consider any 
     area for designation as a Coral Habitat Conservation Zone.
       (d) Designation Process.--
       (1) Proposed rule.--The Secretary shall publish in the 
     Federal Register a proposed rule to designate an area 
     identified by the Secretary, in consultation with the 
     appropriate Councils, under subsection (a) or (b) or by a 
     Council under subsection (c) as a Coral Habitat Conservation 
     Zone if data indicate the presence of a deep sea coral and 
     sponge ecosystem in such area.
       (2) Comment period.--The Secretary shall accept comments on 
     any proposed rule published under paragraph (1) for 60 days 
     after the date of the publication of such proposed rule.
       (3) Final determination.--
       (A) In general.--Not later than 30 days after the date of 
     the end of the comment period described in paragraph (2), the 
     Secretary shall--
       (i) designate as a Coral Habitat Conservation Zone each 
     area, or part of such area, included in a proposed rule 
     published under paragraph (1) if data indicate the presence 
     of a deep sea coral and sponge ecosystem in such area; or

[[Page S9838]]

       (ii) if the Secretary fails to make a designation under 
     clause (i) for an area, provide a justification that explains 
     the reasons that the best available data do not indicate the 
     presence of a deep sea coral and sponge ecosystem in such 
     area.
       (B) Publication.--The Secretary shall publish in the 
     Federal Register each designation made under subparagraph 
     (A)(i) or justification required under subparagraph (A)(ii).
       (C) Inaction.--If the Secretary does not publish the 
     designation of an area under subparagraph (A)(i) or the 
     justification required under subparagraph (A)(ii) for such 
     area within 30 days of the date of the end of the comment 
     period described in paragraph (2), such area shall be deemed 
     to be a Coral Habitat Conservation Zone as if so designated 
     by the Secretary.

     SEC. 12. STRICTER REGULATION PERMITTED AND SAVINGS CLAUSE.

       (a) In General.--Nothing in this Act shall restrict the 
     authority provided to the Secretary by any other provision of 
     law to promulgate, with or without the advice of the 
     appropriate Council, fishery or habitat protection measures 
     for any purpose that are more restrictive than the measures 
     set out in this Act.
       (b) Savings Clause.--All rules and regulations issued by 
     the Secretary under the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.) pertaining to the 
     conservation, management, or protection of deep sea corals or 
     deep sea sponges shall continue in full force and effect 
     after the date of enactment of this Act until modified or 
     rescinded by the Secretary, in exercise of the authority 
     provided to the Secretary under any provision of law.

     SEC. 13. USE OF VESSEL MONITORING SYSTEMS.

       Not later than 24 months after the date of enactment of 
     this Act, a vessel that uses a bottom trawl in waters deeper 
     than 50 meters shall use a Vessel Monitoring System capable 
     of accurately detecting and reporting the position of the 
     vessel whenever the vessel leaves port with a bottom trawl on 
     board.

     SEC. 14. PENALTIES AND ENFORCEMENT.

       (a) Civil Penalties.--Any person who is found by the 
     Secretary, after notice and an opportunity for a hearing in 
     accordance with section 554 of title 5, United States Code, 
     to have violated the prohibition set out in section 7(d) is 
     liable to the United States for a civil penalty under section 
     308 of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1858) as if such person had 
     committed an act prohibited by section 307 of such Act (16 
     U.S.C. 1857).
       (b) Criminal Offenses.--
       (1) Offenses.--A person is guilty of an offense if the 
     person commits an act prohibited by subparagraph (D), (E), 
     (F), (H), (I), or (L) of section 307(1) of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1857(1)) in an area designated as a Coral Habitat 
     Conservation Zone.
       (2) Punishment.--An offense referred to in paragraph (1) is 
     punishable by the punishments set out in section 309(b) of 
     the Magnuson-Stevens Fishery Conservation and Management Act 
     (16 U.S.C. 1859(b)).
       (c) Civil Forfeitures.--Any fishing vessel (including its 
     fishing gear, furniture, appurtenances, stores, and cargo) 
     used, and fish (or the fair market value thereof) taken or 
     retained, in any manner, in connection with or as a result of 
     the commission of a violation of the prohibition set out in 
     section 7(d) (other than such a violation for which the 
     issuance of a citation is sufficient sanction) shall be 
     subject to the civil forfeiture provisions set out in section 
     310 of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1860).
       (d) Enforcement.--The provisions of this Act shall be 
     enforced by the officers responsible for the enforcement of 
     the Magnuson-Stevens Fishery Conservation and Management Act 
     as provided for in subsection (a) of section 311 of such Act 
     (16 U.S.C. 1861). Such officers shall have the powers and 
     authorities to enforce this Act as are provided in such 
     section.

     SEC. 15. INTERNATIONAL PROTECTIONS FOR DEEP SEA CORALS AND 
                   DEEP SEA SPONGES.

       The President is authorized to permit the Secretary, in 
     consultation with the Secretary of State, to work with 
     appropriate international organizations and foreign nations 
     to develop the data necessary to identify areas located in 
     international waters that contain deep sea corals or deep sea 
     sponges and to protect such deep sea corals or deep sea 
     sponges.

     SEC. 16. REPORTS TO CONGRESS.

       (a) In General.--Not more than 3 years after the date of 
     enactment of this Act, and every 3 years thereafter, the 
     Secretary shall publish and submit to Congress a report on 
     the activities undertaken to carry out the provisions of this 
     Act.
       (b) Content.--Each report required by subsection (a) shall 
     include--
       (1) a description of the activities carried out to protect 
     and define areas in which the use of bottom trawls has 
     traditionally been permitted;
       (2) a description of the activities carried out to protect 
     and monitor deep sea corals or deep sea sponges;
       (3) a description of any area designated either as a Bottom 
     Trawl Zone or a Coral Habitat Conservation Zone;
       (4) a summary of the research strategy created pursuant to 
     section 5;
       (5) a summary of any bycatch or other data that indicates 
     the presence of a deep sea coral and sponge ecosystem in an 
     area; and
       (6) a summary of geologic structures that indicate the 
     presence of deep sea coral and sponge ecosystems in an area, 
     as determined by research activities described in section 5.
       (c) Publication.--Notice of the availability of each report 
     required by this section shall be published in the Federal 
     Register.

     SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $15,000,000 to carry 
     out this Act.
                                 ______
                                 
      By Mr. REID (for himself, Ms. Landrieu, Mr. Obama, Ms. Mikulski, 
        Mr. Kennedy, Mr. Lieberman, Mr. Rockefeller, Ms. Stabenow, Mr. 
        Lautenberg, Ms. Cantwell, Mr. Levin, Mr. Durbin, Mr. Johnson, 
        Mr. Reed, Mr. Corzine, Mr. Baucus, Mr. Salazar, Mrs. Feinstein, 
        Mrs. Boxer, Mr. Dorgan, and Mr. Biden):
  S. 1637. A bill to provide emergency relief to meet the immediate 
needs of survivors of Hurricane Katrina for health care, housing, 
education, and financial relief, and for other purposes; to the 
Committee on Finance.
  Mr. REID. Mr. President, I ask unanimous consent that the text of S. 
1637, the Katrina Emergency Relief Act of 2005, be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1637

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Katrina 
     Emergency Relief Act of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

              TITLE I--TEMPORARY MEDICAID DISASTER RELIEF

Sec. 101. Short title; purpose.
Sec. 102. Disaster relief period.
Sec. 103. Temporary Medicaid coverage for Katrina Survivors.
Sec. 104. Temporary disaster relief for States under Medicaid.
Sec. 105. Accommodation of special needs of Katrina Survivors under 
              Medicare program.

                          TITLE II--EDUCATION

        Subtitle A--Support for Elementary and Secondary Schools

Sec. 201. Support for elementary and secondary schools.

        Subtitle B--Fund for Early Childhood Care and Education

Sec. 211. Fund for early childhood care and education.

          Subtitle C--Support for Students in Higher Education

Sec. 221. Support for students in higher education.

                TITLE III--EMERGENCY HOUSING ASSISTANCE

Sec. 301. Short title.
Sec. 302. Hurricane Katrina Emergency Assistance Vouchers.
Sec. 303. Report on inventory of availability of temporary housing.
Sec. 304. Appropriation of funding.

                       TITLE IV--FINANCIAL RELIEF

                   Subtitle A--Limitation on Payments

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Moratorium on payments.

            Subtitle B--Individual and Household Assistance

Sec. 411. Individual and household assistance.

                  Subtitle C--Unemployment Assistance

Sec. 421. Unemployment assistance.

                         Subtitle D--Tax Relief

Sec. 431. Required exercise of authority under section 7508A for tax 
              relief for victims of Hurricane Katrina.
Sec. 432. Penalty free withdrawals from retirement plans for victims of 
              Hurricane Katrina.

          Subtitle E--Hurricane Katrina Food Assistance Relief

Sec. 441. Short title.
Sec. 442. Definition of Secretary.
Sec. 443. Food Stamp Program disaster authority.
Sec. 444. Emergency Food Assistance Program and Section 32 Assistance.
Sec. 445. WIC Funding.
Sec. 446. Report.
Sec. 447. Regulations.

                     Subtitle F--Bankruptcy Relief

Sec. 451. Bankruptcy Relief for Victims of Hurricane Katrina.

                    TITLE V--ADMINISTRATIVE MATTERS

Sec. 501. Period of availability of benefits.
Sec. 502. Nondiscrimination.

              TITLE I--TEMPORARY MEDICAID DISASTER RELIEF

     SEC. 101. SHORT TITLE; PURPOSE.

       (a) Short Title.--This title may be cited as the 
     ``Temporary Medicaid Disaster Relief Act of 2005''.

[[Page S9839]]

       (b) Purpose.--The purpose of this title is to ensure all 
     those affected by Hurricane Katrina have access to health 
     coverage and medical care through the medicaid program and to 
     authorize temporary changes in such program to guarantee and 
     expedite that coverage and access to care.

     SEC. 102. DISASTER RELIEF PERIOD.

       (a) In General.--For purposes of this title, the term 
     ``disaster relief period'' means the period beginning on 
     August 29, 2005, and, subject to subsection (b), ending on 
     February 28, 2006.
       (b) Presidential Authority to Extend Disaster Relief 
     Period.--
       (1) In general.--The President shall extend the application 
     of section 103 and paragraphs (1) and (2) of section 104(a) 
     until September 30, 2006, unless the President determines 
     that all Katrina Survivors would have sufficient access to 
     health care without such an extension. In the case of such an 
     extension, the reference to ``February 28, 2006'' in 
     subsection (a) shall be considered to be a reference to 
     ``September 30, 2006''.
       (2) Notice to congress.--The President shall notify the 
     Majority and Minority Leaders of the Senate, the Speaker of 
     the House of Representatives, the Minority Leader of the 
     House of Representatives, and the Chairs and Ranking Members 
     of the Committee on Finance of the Senate and the Committees 
     on Energy and Commerce and Ways and Means of the House of 
     Representatives at least 30 days prior to--
       (A) extending the application of such sections; or
       (B) if the President determines not to extend the 
     application of such sections, February 28, 2006.

     SEC. 103. TEMPORARY MEDICAID COVERAGE FOR KATRINA SURVIVORS.

       (a) Definitions.--In this title:
       (1) Katrina survivor.--
       (A) In general.--The term ``Katrina Survivor'' means an 
     individual who is described in subparagraph (B) or (C).
       (B) Residents of disaster localities.--
       (i) In general.--An individual who, on any day during the 
     week preceding the declaration of a public health emergency 
     on August 29, 2005, had a residence in--

       (I) a parish in the State of Louisiana that is among the 
     parishes that the Federal Emergency Management Agency of the 
     Emergency Preparedness and Response Directorate of the 
     Department of Homeland Security declared on September 4, 
     2005, to be Federal Disaster Parishes; or
       (II) a county in the State of Alabama or Mississippi that 
     is among the counties such Agency declared Federal Disaster 
     Counties on September 4, 2005.

       (ii) Authority to rely on website posted designations.--The 
     Secretary of Health and Human Services shall post on the 
     Internet website for the Centers for Medicare & Medicaid 
     Services a list of parishes and counties identified as 
     Federal Disaster Parishes or Counties. Any State which 
     provides medical assistance to Katrina Survivors on the basis 
     of such posting and in accordance with this title shall be 
     held harmless if it is subsequently determined that the 
     provision of such assistance was in error.
       (C) Individuals who lost employment.--An individual who, on 
     any day during the week preceding the declaration of a public 
     health emergency on August 29, 2005, had a residence in a 
     direct impact State and lost their employment since Hurricane 
     Katrina.
       (D) Construction.--A Katrina Survivor shall be treated as 
     being ``from'' the State of residence described in 
     subparagraph (B)(i) or (C), as the case may be.
       (E) Treatment of current medicaid beneficiaries.--Nothing 
     in this title shall be construed as preventing an individual 
     who is otherwise entitled to medical assistance under title 
     XIX of the Social Security Act from being treated as a 
     Katrina Survivor under this title.
       (F) Treatment of homeless persons.--For purposes of this 
     title, in the case of an individual who was homeless on any 
     day during the week described in subparagraph (B)(i), the 
     individual's ``residence'' shall be deemed to be the place of 
     residence as otherwise determined for such an individual 
     under title XIX of the Social Security Act.
       (2) Direct impact state.--The term ``direct impact State'' 
     means the State of Louisiana, Alabama, and Mississippi.
       (b) Rules for Providing Temporary Medical Assistance to 
     Katrina Survivors.--During the disaster relief period, any 
     State may provide medical assistance to Katrina Survivors 
     under a State medicaid plan established under title XIX of 
     the Social Security Act in accordance with the following:
       (1) Uniform eligibility rules.--
       (A) No income, resources, residency, or categorical 
     eligibility requirements.--Such assistance shall be provided 
     without application of any income or resources test, State 
     residency, or categorical eligibility requirements.
       (B) Streamlined eligibility procedures.--The State shall 
     use the following streamlined procedures in processing 
     applications and determining eligibility for medical 
     assistance for Katrina Survivors:
       (i) A common 1-page application form developed by the 
     Secretary of Health and Human Services in consultation with 
     the National Association of State Medicaid Directors. Such 
     form shall include notice regarding the penalties for making 
     a fraudulent application under paragraph (4) and shall 
     require the applicant to assign to the State any rights of 
     the applicant (or any other person who is a Katrina Survivor 
     and on whose behalf the applicant has the legal authority to 
     execute an assignment of such rights) under any group health 
     plan or other third-party coverage for health care.
       (ii) Self-attestation by the applicant that the applicant 
     is a Katrina Survivor.
       (iii) No requirement for documentation evidencing the basis 
     on which the applicant qualifies to be a Katrina Survivor.
       (iv) Issuance of a Medicaid eligibility card to an 
     applicant who completes such application, including the self-
     attestation required under clause (ii). Such card shall be 
     valid during the disaster relief period.
       (v) If an applicant completes the application and presents 
     it to a provider or facility participating in the State 
     medicaid plan that is qualified to make presumptive 
     eligibility determinations under such plan (which at a 
     minimum shall consist of facilities identified in section 
     1902(a)(55) of the Social Security Act (42 U.S.C. 
     1396a(a)(55)) and it appears to the provider that the 
     applicant is a Katrina Survivor based on the information in 
     the application, the applicant will be deemed to be a Katrina 
     Survivor eligible for medical assistance in accordance with 
     this section, subject to paragraph (3).
       (vi) Continuous eligibility, without the need for any 
     redetermination of eligibility, for the duration of the 
     disaster relief period.
       (C) Determination of eligibility for coverage after the 
     termination of the disaster relief period.--In the case of a 
     Katrina Survivor who is receiving medical assistance from a 
     State, prior to the termination of the disaster relief 
     period, the State providing such assistance shall determine 
     whether the Katrina Survivor is eligible for continued 
     medical assistance under the State's eligibility rules 
     otherwise applicable under the State medicaid plan. If a 
     State determines that the individual is so eligible, the 
     State shall provide the individual with written notice of the 
     determination and provide the individual with continued 
     coverage for such medical assistance for so long as the 
     individual remains eligible under such otherwise applicable 
     eligibility rules. If a State determines that the individual 
     is not so eligible, the State shall provide the individual 
     with written notice of the determination, including the 
     reasons for such determination.
       (2) Scope of coverage same as categorically needy.--The 
     State shall treat Katrina Survivors as individuals eligible 
     for medical assistance under the State plan under title XIX 
     of the Social Security Act on the basis of section 
     1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 
     1396a(a)(10)(A)(i)), with coverage for such assistance 
     retroactive to August 29, 2005.
       (3) Verification of status as a katrina survivor.--
       (A) In general.--The State shall make a good faith effort 
     to verify the status of a Katrina Survivor enrolled in the 
     State Medicaid plan under the provisions of this section 
     after the determination of the eligibility of the Survivor 
     for medical assistance under such plan.
       (B) Evidence of verification.--A State may satisfy the 
     verification requirement under subparagraph (A) with respect 
     to a Katrina Survivor by showing that the State providing 
     medical assistance obtained information from the Social 
     Security Administration, the Internal Revenue Service, or the 
     State Medicaid Agency for the direct impact State.
       (C) Disallowance of payments for failure to make good faith 
     effort.--If, with respect to the status of a Katrina Survivor 
     enrolled in a State Medicaid plan, the State fails to make 
     the good faith effort required under subparagraph (A), and 
     the Secretary determines that the individual so enrolled is 
     not a Katrina Survivor, the Secretary shall disallow all 
     Federal payments made to the State that are directly 
     attributable to medical assistance provided or administrative 
     costs incurred with respect to the individual during the 
     disaster relief period.
       (4) Penalty for fraudulent applications.--
       (A) Individual liable for costs.--If a State, as the result 
     of verification activities conducted under paragraph (3), 
     determines after a fair hearing that an individual has 
     knowingly made a false self-attestation described in 
     paragraph (1)(B)(ii), the State may, subject to subparagraph 
     (B), seek recovery from the individual for the full amount of 
     the cost of medical assistance provided to the individual 
     under this section.
       (B) Exception.--The Secretary shall exempt a State from 
     seeking recovery under subparagraph (A) if the Secretary 
     determines that it would not be cost-effective for the State 
     to do so.
       (C) Reimbursement to the federal government.--Any amounts 
     recovered by a State in accordance with this paragraph shall 
     be returned to the Federal government, except that a State's 
     administrative costs attributable to obtaining such recovery 
     shall be reimbursed by the Federal government in accordance 
     with section 104(a)(2).
       (5) Exemption from error rate penalties.--All payments 
     attributable to providing medical assistance to Katrina 
     Survivors in accordance with this section shall be 
     disregarded for purposes of section 1903(u) of the Social 
     Security Act.

     SEC. 104. TEMPORARY DISASTER RELIEF FOR STATES UNDER 
                   MEDICAID.

       (a) Increase in Federal Matching Rate.--
       (1) 100 percent fmap for medical assistance.--
     Notwithstanding section 1905(b) of the Social Security Act 
     (42 U.S.C. 1396d(b)), the Federal medical assistance 
     percentage

[[Page S9840]]

     for providing medical assistance under a State medicaid plan 
     under title XIX of such Act to Katrina Survivors or, in the 
     case of a direct impact State, to any individual who is 
     provided medical assistance under the State medicaid plan 
     during the disaster relief period, shall be 100 percent.
       (2) 100 percent federal match for certain administrative 
     costs.--Notwithstanding paragraph (7) of section 1903(a) of 
     such Act (42 U.S.C. 1396b(a)), or any other paragraph of such 
     section, the Federal matching rate for costs directly 
     attributable to all administrative activities that relate to 
     the enrollment of Katrina Survivors under section 103 in a 
     State medicaid plan, verification of the status of such 
     Survivors, processing of claims for payment for medical 
     assistance provided to such Survivors under such section, and 
     recovery costs under section 103(b)(4)(C), shall be 100 
     percent. The Secretary shall issue guidance not later 30 days 
     after the date of enactment of this Act on the implementation 
     of this paragraph.
       (b) Limitation on Reduction of FMAP for Fiscal Year 2006 
     for Any State.--If the Federal medical assistance percentage 
     (as defined in section 1905(b) of the Social Security Act) 
     determined for a State for fiscal year 2006 is less than the 
     Federal medical assistance percentage determined for the 
     State for fiscal year 2005, the Federal medical assistance 
     percentage for the State for fiscal year 2005 shall apply to 
     the State for fiscal year 2006 only for purposes of title XIX 
     of the Social Security Act.
       (c) Temporary Suspension of Medicare ``Clawback'' and 
     Postponement of Cut-Off of Medicaid Prescription Drug Funding 
     in Affected States.--
       (1) Suspension in application of ``clawback''.--Section 
     1935(c) of the Social Security Act (42 U.S.C. 1396u-5(c)) 
     shall not apply, subject to paragraph (3), before January 
     2007 to a direct impact State or to a State that experiences 
     a significant influx of Katrina Survivors.
       (2) Continuation of medicaid drug coverage for dual 
     eligibles.--Section 1935(d)(1) of such Act shall also not 
     apply, subject to paragraph (3), before January 2007 to a 
     part D eligible individual who is a Katrina Survivor.
       (3) Termination of application of subsection.--Paragraphs 
     (1) and (2) shall no longer apply to a State or a Katrina 
     Survivor, respectively, if the Secretary determines, after 
     consultation with the State, that enrollment of all part D 
     eligible individuals in the State under part D of title XVIII 
     of the Social Security Act who are described in section 
     1935(c)(6)(A)(ii) of such Act can be achieved without a 
     discontinuation in prescription drug coverage for any such 
     individual.
       (4) Definition.--For purposes of this subsection, the term 
     ``State that experiences a significant influx of Katrina 
     Survivors'' means those States, including Arkansas, Florida, 
     Oklahoma, and Texas, that the Secretary of Health and Human 
     Services identifies as having a significant in-migration of 
     Katrina Survivors.

     SEC. 105. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA SURVIVORS 
                   UNDER MEDICARE PROGRAM.

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

                          TITLE II--EDUCATION

        Subtitle A--Support for Elementary and Secondary Schools

     SEC. 201. SUPPORT FOR ELEMENTARY AND SECONDARY SCHOOLS.

       (a) Purpose.--It is the purpose of this section--
       (1) to provide assistance to eligible local educational 
     agencies experiencing large increases in student enrollment 
     due to Hurricane Katrina;
       (2) to facilitate the enrollment of students impacted by 
     Hurricane Katrina into elementary schools and secondary 
     schools served by such agencies; and
       (3) to provide high quality instruction to such students.
       (b) Grants Authorized.--
       (1) In general.--The Secretary of Education shall award 
     grants to eligible local educational agencies.
       (2) Eligible local educational agencies.--
       (A) Child count.--Each State that has a large influx of 
     displaced students due to Hurricane Katrina, as determined by 
     the Secretary of Education, shall set a child count date for 
     local educational agencies in the State that have a large 
     influx of such students, as determined by the State, for the 
     purpose of determining the total number of such students in 
     each such agency.
       (B) Definition.--In this section, the term ``eligible local 
     educational agency'' means a local educational agency--
       (i) that serves, as determined in accordance with the child 
     count described in subparagraph (A), not less than 50 
     displaced students due to Hurricane Katrina; or
       (ii) that serves an elementary school or secondary school 
     in which not less than 3 percent of the students enrolled at 
     the school are displaced students due to Hurricane Katrina, 
     as determined in accordance with the child count described in 
     subparagraph (A).
       (3) Grant amount.--An eligible local educational agency 
     that receives a grant under this section shall receive a 
     grant amount that is equal to $2,500 multiplied by the number 
     of students who enroll in elementary schools and secondary 
     schools served by such agency because the students are 
     displaced due to Hurricane Katrina.
       (c) Application.--Each eligible local educational agency 
     desiring a grant under this section shall prepare and submit 
     an application to the Secretary of Education that contains--
       (1) an assurance that the educational programs, services, 
     and activities proposed under this section will be 
     administered by or under the supervision of the agency;
       (2) an assurance that the agency will coordinate the use of 
     funds received under this section with other funds received 
     by the agency under the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6301 et seq.) and with programs 
     described under such Act;
       (3) an assurance that funds will be used--
       (A) to improve instruction to students who enroll in 
     elementary schools and secondary schools served by such 
     agency because the students are displaced due to Hurricane 
     Katrina; and
       (B) to facilitate such students' transition into schools 
     served by the agency; and
       (4) such other information and assurances as the Secretary 
     may reasonably require.
       (d) Use of Funds.--Each eligible local educational agency 
     that receives a grant under this section shall use the grant 
     funds to enhance instructional opportunities for students who 
     enroll in elementary schools and secondary schools served by 
     such agency because the students are displaced due to 
     Hurricane Katrina, which may include--
       (1) basic instructional services for such students, 
     including tutoring, mentoring, or academic counseling;
       (2) salaries of personnel, including teacher aides, to 
     provide instructional services to such students;
       (3) identification and acquisition of curricular material, 
     including the costs of providing additional classroom 
     supplies, overhead costs, costs of construction, acquisition 
     or rental of space, costs of transportation, or such other 
     costs as are directly attributable to such instructional 
     services for such students;
       (4) health services (including mental health services), 
     meals, and clothing; and
       (5) such other activities, related to the purpose of this 
     section, as the Secretary of Education may authorize.

        Subtitle B--Fund for Early Childhood Care and Education

     SEC. 211. FUND FOR EARLY CHILDHOOD CARE AND EDUCATION.

       (a) Purpose.--It is the purpose of this section--
       (1) to provide assistance to local communities experiencing 
     large influxes of preschool-aged children displaced by 
     Hurricane Katrina; and
       (2) to facilitate placement of such children in early 
     childhood education programs.
       (b) Early Childhood Education Programs.--In this section, 
     the term ``early childhood education program'' means a Head 
     Start program or an Early Head Start program carried out 
     under the Head Start Act (42 U.S.C. 9831 et seq.), a State 
     licensed or regulated child care program or school, or a 
     State prekindergarten program that serves children from birth 
     through kindergarten.
       (c) Grants and Subgrants Authorized.--
       (1) Grants.--The Secretary of Health and Human Services 
     shall award grants to States demonstrating large influxes of 
     children and families displaced due to Hurricane Katrina.
       (2) Subgrants.--
       (A) In general.--A State receiving a grant under paragraph 
     (1) shall award subgrants to affected local communities in 
     the State to facilitate placement of displaced children in 
     existing early childhood education programs.
       (B) Affected local communities.--In this paragraph, the 
     term ``affected local community'' means a local community in 
     a State described in subparagraph (A) in which--
       (i) there are not less than 200 pre-school aged children 
     who are displaced due to Hurricane Katrina; or
       (ii) there is a significant percentage of the total number 
     of children participating in early childhood education 
     programs in the community who are children who are in the 
     community because the children are displaced due to Hurricane 
     Katrina, as determined by the Secretary of Health and Human 
     Services.
       (d) Applications.--Each State that desires to receive a 
     grant under this section shall prepare and submit an 
     application to the Secretary of Health and Human Services 
     that contains--
       (1) a description of the collaborative planning process 
     between the State agency responsible for pre-kindergarten, 
     State child care administrator, and Head Start Collaboration 
     Director to facilitate the placement

[[Page S9841]]

     of children who are displaced due to Hurricane Katrina in 
     early childhood education programs;
       (2) assurances that funds received under this section will 
     be used for the purpose described in subsection (a);
       (3) a plan to coordinate funds received under this section 
     with existing resources available to the early childhood 
     education programs for similar purposes; and
       (4) such other information and assurances as the Secretary 
     of Health and Human Services may reasonably require.
       (e) Use of Subgrant Funds.--
       (1) In general.--Each affected local community receiving a 
     subgrant under this section shall use the subgrant funds only 
     for--
       (A) costs associated with accommodating the influx of 
     displaced children, including acquisition or rental of space;
       (B) costs associated with providing services to displaced 
     children, including related services such as nutrition and 
     acquisition of related materials; and
       (C) costs associated with hiring additional personnel, 
     including teacher aides or personnel working with families of 
     children.
       (2) Income and documentation waiver.--The Secretary of 
     Health and Human Services shall waive requirements of income 
     eligibility and documentation for children displaced by 
     Hurricane Katrina who participate in Head Start programs and 
     Early Head Start programs funded by subgrants awarded 
     pursuant to this section.

          Subtitle C--Support for Students in Higher Education

     SEC. 221. SUPPORT FOR STUDENTS IN HIGHER EDUCATION.

       (a) Students in School.--
       (1) No questions asked policy.--The Secretary of Education 
     shall authorize an institution of higher education to waive 
     Federal financial aid requirements, as determined appropriate 
     by the Secretary of Education, with respect to a student at 
     such institution who enrolls in such institution because such 
     student was impacted by Hurricane Katrina.
       (2) Campus-based aid.--
       (A) SEOG.--
       (i) In general.--

       (I) Authorization.--From funds appropriated pursuant to 
     subclause (II), the Secretary of Education shall carry out a 
     program of making payments to institutions of higher 
     education to enable such institutions to award Federal 
     supplemental educational opportunity grants under subpart 3 
     of part A of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070b et seq.) to students enrolled at such 
     institutions who are eligible to receive a grant under such 
     subpart and who enrolled at such institutions because the 
     students are displaced due to Hurricane Katrina, as 
     determined by the Secretary.
       (II) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out subclause (I) such sums as 
     may be necessary.

       (ii) Waiver of nonfederal share.--Notwithstanding subpart 3 
     of part A of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070b et seq.), the Federal share of awards made 
     pursuant to this subparagraph shall be equal to 100 percent.
       (B) Work-study programs.--
       (i) In general.--

       (I) Authorization.--From funds appropriated pursuant to 
     subclause (II), the Secretary of Education shall carry out a 
     program of awarding grants to institutions of higher 
     education to enable such institutions to carry out work-study 
     programs under part C of title IV of the Higher Education Act 
     of 1965 (20 U.S.C. 2751 et seq.) for students enrolled at 
     such institutions who are eligible to participate in work-
     study programs under such part and who enrolled at such 
     institutions because the students are displaced due to 
     Hurricane Katrina, as determined by the Secretary.
       (II) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out subclause (I) such sums as 
     may be necessary.

       (ii) Waiver of nonfederal share.--Notwithstanding part C of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 2751 
     et seq.), the Federal share of the compensation of students 
     made pursuant to this subparagraph shall be equal to 100 
     percent.
       (b) Help for Individuals With Student Loans.--
       (1) Definitions.--In this subsection:
       (A) Eligible borrower.--The term ``eligible borrower'' 
     means an individual who has lost the individual's job due to 
     the impact of Hurricane Katrina, as determined by the 
     Secretary of Education.
       (B) Eligible loan.--In this subsection, the term ``eligible 
     loan'' means a student loan of an eligible borrower made, 
     insured, or guaranteed under title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070 et seq.).
       (2) Grace period.--The Secretary of Education shall carry 
     out a program in which the Secretary enters into an agreement 
     with the holder of an eligible loan in which, for a 6 month 
     period, periodic installments of principal are not paid but 
     interest shall accrue and be paid by the Secretary on such 
     loan.
       (3) Period not to count against economic hardship periods 
     provided in higher education act of 1965.--Notwithstanding 
     any provision of the Higher Education Act of 1965 (20 U.S.C. 
     1001 et seq.), the 6-month grace period provided in paragraph 
     (2) for an eligible borrower shall not count as part of the 
     3-year economic hardship periods provided in sections 
     427(a)(2)(C)(iii), 428(b)(1)(M)(iii), 455(f)(2)(C), and 
     464(c)(2)(A)(iii) of the Higher Education Act of 1965 (20 
     U.S.C. 1077(a)(2)(C)(iii), 1078(b)(1)(M)(iii), 
     1087e(f)(2)(C), and 1087dd(c)(2)(A)(iii)).

                TITLE III--EMERGENCY HOUSING ASSISTANCE

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Helping to House the 
     Victims of Hurricane Katrina Act of 2005''.

     SEC. 302. HURRICANE KATRINA EMERGENCY ASSISTANCE VOUCHERS.

       Section 8(o) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)) is amended by adding at the end the 
     following:
       ``(20) Hurricane katrina emergency assistance vouchers.--
       ``(A) In general.--Subject to section 501 of the Katrina 
     Emergency Relief Act of 2005, during the 6-month period 
     beginning on the date of enactment of the Katrina Emergency 
     Relief Act of 2005, the Secretary shall provide temporary 
     rental assistance to any individual or family, if--
       ``(i) the individual or family resides, or resided on 
     August 29, 2005, in any area that is subject to a declaration 
     by the President of a major disaster or emergency under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) in connection with Hurricane 
     Katrina; and
       ``(ii) the residence of the individual or family became 
     uninhabitable or inaccessible as result of that major 
     disaster or emergency.
       ``(B) Regulations.--Not later than 30 days after the date 
     of enactment of the Katrina Emergency Relief Act of 2005, the 
     Secretary shall issue final rules to establish the procedures 
     applicable to the issuance of assistance under subparagraph 
     (A).
       ``(C) Notice.--The Secretary, in consultation with the 
     Director of the Federal Emergency Management Agency and such 
     other agencies as the Secretary determines appropriate, shall 
     establish procedures for providing notice of the availability 
     of assistance under this paragraph to individuals or families 
     that may be eligible for such assistance.
       ``(D) Authority to contract with pha's and others.--The 
     Secretary may contract with any State or local government 
     agency or public housing agency, or in consultation with any 
     State or local government agency, with any other entity, to 
     ensure that assistance payments under this paragraph are 
     provided in an efficient and expeditious manner.
       ``(E) Waiver of eligibility requirements.--In providing 
     assistance under this paragraph, the Secretary shall waive 
     the requirements under--
       ``(i) paragraph (2), relating to tenant contributions 
     towards rent, except that any such waiver shall expire on an 
     individual's return to work;
       ``(ii) paragraph (4), relating to the eligibility of 
     individuals to receive assistance;
       ``(iii) subsection (k) and paragraph (5) of this 
     subsection, relating to verification of income;
       ``(iv) paragraph (7)(A), relating to the requirement that 
     leases shall be for a term of 1 year;
       ``(v) paragraph (8), relating to initial inspection of 
     housing units by a public housing agency; and
       ``(vi) subsection (r)(1)(B), relating to restrictions on 
     portability.
       ``(F) Use of funds.--Notwithstanding any other provision of 
     law, funds available for assistance under this paragraph--
       ``(i) shall be made available by the Secretary to 
     individuals to cover the cost of --

       ``(I) rent;
       ``(II) security and utility deposits;
       ``(III) relocation expenses, including expenses incurred in 
     relocating back to the major disaster area when such 
     relocation is permitted; and
       ``(IV) such additional expenses as the Secretary determines 
     necessary; and

       ``(ii) shall be used by the Secretary--

       ``(I) for payments to public housing agencies, State or 
     local government agencies, or other voucher administrators 
     for vouchers used to assist individuals or families affected 
     by the major disaster or emergency described in this 
     paragraph up to their authorized level of vouchers, if any 
     such vouchers are not otherwise funded; and
       ``(II) to provide operating subsidies to public housing 
     agencies for public housing units provided to individuals or 
     families affected by the major disaster or emergency 
     described in this paragraph, if such a subsidy was not 
     previously provided for those units.

       ``(G) Payment standard.--For purposes of this paragraph, 
     the payment standard for each size of dwelling unit in a 
     market area may not exceed 150 percent, or higher if the 
     Secretary approves of such increase, of the fair market 
     rental established under subsection (c) for the same size 
     dwelling unit in the same market area, and shall be not less 
     than 90 percent of that fair market rental.
       ``(H) Nondiscrimination.--In selecting individuals or 
     families for tenancy, a landlord or owner may not exclude or 
     penalize an individual or family solely because any portion 
     of the rental payment of that individual or family is 
     provided under this paragraph.
       ``(21) Assistance for current voucher recipients affected 
     by hurricane katrina.--
       ``(A) In general.--The Secretary shall waive any of the 
     requirements described in clauses (i) through (vi) of 
     paragraph (20)(E) for any individual or family receiving 
     assistance under this section on August 29, 2005, if--
       ``(i) the individual or family resides, or resided on 
     August 29, 2005, in any area that is subject to a declaration 
     by the President of

[[Page S9842]]

     a major disaster or emergency under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.) in connection with Hurricane Katrina; and
       ``(ii) the residence of the individual or family became 
     uninhabitable or inaccessible as result of that major 
     disaster or emergency.
       ``(B) Additional uses of funds.--Notwithstanding any other 
     provision of law, the Secretary shall provide, as the 
     Secretary determines appropriate, supplemental assistance to 
     an individual or family receiving assistance under this 
     section on August 29, 2005, and meeting the requirements 
     described in subparagraph (A), to assist the individual or 
     family with the additional costs of relocating to new 
     housing, including to cover--
       ``(i) the additional cost of rent and utilities;
       ``(ii) security and utility deposits;
       ``(iii) relocation expenses, including expenses incurred in 
     relocating back to the major disaster area when such 
     relocation is permitted; and
       ``(iv) such additional expenses as the Secretary determines 
     necessary.
       ``(C) Payment standard.--For purposes of this paragraph, 
     the payment standard for each size of dwelling unit in a 
     market area may not exceed 150 percent, or higher if the 
     Secretary approves of such increase, of the fair market 
     rental established under subsection (c) for the same size 
     dwelling unit in the same market area, and shall be not less 
     than 90 percent of that fair market rental.
       ``(D) Nondiscrimination.--A landlord or owner may not 
     exclude or penalize an individual or family solely because 
     that individual or family is eligible for any waivers or 
     benefits provided under this paragraph.
       ``(22) Authority of the secretary to directly administer 
     vouchers when pha's are unable to do so.--If the Secretary 
     determines that a public housing agency is unable to 
     implement the provisions of this subsection due to the 
     effects of Hurricane Katrina, the Secretary may--
       ``(A) directly administer any voucher program described in 
     paragraphs (1) through (20); and
       ``(B) perform the functions assigned to a public housing 
     agency by this subsection.''.

     SEC. 303. REPORT ON INVENTORY OF AVAILABILITY OF TEMPORARY 
                   HOUSING.

       Not later than 10 days after the date of enactment of this 
     Act, the Secretary of Defense, the Administrator of the 
     General Services Administration, the Secretary of 
     Agriculture, and such other agency heads as the Secretary 
     determines appropriate, shall compile and report to the 
     Secretary an inventory of Federal civilian and defense 
     facilities that can be used--
       (1) to provide emergency housing; or
       (2) as locations for the construction or deployment of 
     temporary housing units.

     SEC. 304. APPROPRIATION OF FUNDING.

       (a) In General.--There are authorized to be appropriated 
     and are appropriated $3,500,000,000 to provide assistance 
     under this title.
       (b) Emergency Designation.--The amount appropriated under 
     subsection (a) is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                       TITLE IV--FINANCIAL RELIEF

                   Subtitle A--Limitation on Payments

     SEC. 401. SHORT TITLE.

       This subtitle may be cited as the ``Hurricane Emergency 
     Limitation on Payments (HELP) Act of 2005''.

     SEC. 402. DEFINITIONS.

       In this subtitle:
       (1) Disaster.--The term ``Disaster'' means the major 
     disasters declared by the President on August 29, 2005, 
     relating to damage caused by Hurricane Katrina.
       (2) Injured person.--The term ``injured person'' means any 
     individual or entity that suffers harm resulting from the 
     Disaster that makes the individual or entity eligible to 
     receive, and the individual or entity submits an application 
     in good faith to receive--
       (A) housing assistance under section 408(b) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5174(b));
       (B) financial assistance to address other needs under 
     section 408(e) of that Act (42 U.S.C. 5174(e));
       (C) unemployment assistance under section 410 of that Act 
     (42 U.S.C. 5177) (as amended by subtitle C);
       (D) a disaster loan under section 7(b) of the Small 
     Business Act (15 U.S.C. 636(b)); or
       (E) an emergency loan made under subtitle C of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et 
     seq.).

     SEC. 403. MORATORIUM ON PAYMENTS.

       (a) In General.--Except as otherwise provided in this 
     subtitle, no injured person shall be subject to a penalty or 
     a requirement to pay interest for a failure of the injured 
     person, as a result of the Disaster, to make timely payment 
     of a financial obligation for any loan made, subsidized, or 
     guaranteed by the United States.
       (b) Applicability to Loans.--The moratorium under 
     subsection (a) shall not apply to any loan made to or assumed 
     by an injured person on or after August 29, 2005.
       (c) Period of Effectiveness.--The moratorium under 
     subsection (a) shall apply in accordance with section 501 to 
     the failure of an injured person to make timely payments.
       (d) Eligibility.--If a Federal agency responsible for 
     administering a benefit program referred to in section 402(b) 
     determines that an individual or entity that has applied to 
     receive a benefit under the program is not eligible to 
     receive the benefit, the individual or entity, for purposes 
     of the moratorium under subsection (a), shall cease to be 
     considered an injured person as of the date on which the 
     individual or entity receives notice of the determination of 
     the Federal agency.
       (e) Federal Responsibility.--In the case of a moratorium on 
     payments on a loan subsidized or guaranteed by the United 
     States, nothing in this section excuses the United States 
     from any liability of the United States to the lender under 
     the terms of the agreement between the United States and the 
     lender.
       (f) Effect of Other Law.--The moratorium under subsection 
     (a) shall apply to an injured person only if, and to the 
     extent that, the injured person is not excused from, or 
     eligible to be excused from, the obligation under other 
     applicable law.

            Subtitle B--Individual and Household Assistance

     SEC. 411. INDIVIDUAL AND HOUSEHOLD ASSISTANCE.

       (a) Maximum Amounts.--Notwithstanding section 408 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5174), in providing assistance to individuals 
     and households affected by Hurricane Katrina, the President 
     may waive the limitation on total assistance under subsection 
     (h) of that section.
       (b) Mortgage and Rental Assistance.--
       (1) In general.--During the 18-month period beginning on 
     the date of enactment of this Act, the President may provide 
     assistance in the form of mortgage or rental payments for 
     persons described in paragraph (2).
       (2) Eligible persons.--Assistance under paragraph (1) may 
     be provided to any individual or household that--
       (A) resided on August 29, 2005, in an area that is subject 
     to a declaration by the President of a major disaster under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) in connection with 
     Hurricane Katrina; and
       (B) as a result of financial hardship caused by a major 
     disaster described in subparagraph (A), is subject to 
     dispossession or eviction from a residence due to foreclosure 
     of a mortgage or lien or termination of a lease entered into 
     before the date on which the major disaster is declared.
       (c) Types of Housing Assistance.--No limitation relating to 
     the maximum amount of assistance under paragraph (2) or (3) 
     of section 408(c) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5174(c)) shall apply 
     with respect to major disaster FEMA-1603-DR-Louisiana, FEMA-
     1604-DR-Mississippi, or FEMA-1605-DR-Alabama.
       (d) Financial Assistance to Address Other Needs.--
     Notwithstanding section 408(g)(2) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5174(g)(2)), in the case of financial assistance provided 
     under subsection (e) of that section to any individual or 
     household in response to a major disaster referred to in 
     subsection (c), the Federal share shall be 100 percent.

                  Subtitle C--Unemployment Assistance

     SEC. 421. UNEMPLOYMENT ASSISTANCE.

       Section 410 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5177) is amended by 
     striking the section heading and all that follows through the 
     end of subsection (a) and inserting the following:

     ``SEC. 410. UNEMPLOYMENT ASSISTANCE.

       ``(a) Provision of Unemployment Assistance.--
       ``(1) Assistance.--
       ``(A) In general.--The President shall provide to any 
     individual unemployed as a result of a major disaster such 
     benefit assistance as the President determines to be 
     appropriate.
       ``(B) Location of employment.--An individual that is 
     unemployed as a result of a major disaster as determined 
     under subparagraph (A) may receive assistance under this 
     subsection regardless of whether the individual was employed 
     at a location within the declared disaster area.
       ``(C) Reason for unemployment.--For purposes of this 
     subsection, 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.
       ``(D) Eligibility.--An individual shall be eligible to 
     receive assistance under this subsection regardless of 
     whether the individual is eligible to receive, or has 
     exhausted eligibility for, State unemployment compensation.
       ``(2) Availability.--Assistance provided to an unemployed 
     individual under paragraph (1) shall be available as long as 
     the unemployment of the individual caused by the major 
     disaster continues, or until the individual is reemployed in 
     at least a comparable position, but not longer than 52 weeks 
     after the date on which the unemployed individual first 
     receives assistance.
       ``(3) Maximum and minimum weekly amounts.--The amount of 
     assistance provided to an unemployed individual under this 
     subsection for each week of unemployment shall be--
       ``(A) unless the amount is less than the amount described 
     in subparagraph (B), not more than the maximum weekly amount 
     authorized under the unemployment compensation law of the 
     State in which the disaster occurred; and

[[Page S9843]]

       ``(B) not less than the national average weekly 
     unemployment benefit provided to an individual as of the date 
     of the major disaster for which unemployment assistance is 
     provided.
       ``(4) Period for application.--The President shall accept 
     applications for assistance under this subsection for--
       ``(A) the 90-day period beginning on the date on which the 
     applicable major disaster is declared; or
       ``(B) such longer period as may be established by the 
     President.
       ``(5) Cooperation with states.--The President shall provide 
     assistance under this subsection through agreements with 
     States that, in the judgment of the President, have an 
     adequate system for administering the assistance through 
     existing State agencies.''.

                         Subtitle D--Tax Relief

     SEC. 431. REQUIRED EXERCISE OF AUTHORITY UNDER SECTION 7508A 
                   FOR TAX RELIEF FOR VICTIMS OF HURRICANE 
                   KATRINA.

       In the case of any taxpayer determined by the Secretary of 
     the Treasury to be affected by the Presidentially declared 
     disaster relating to Hurricane Katrina, the Secretary of the 
     Treasury shall specify a period under section 7508A of the 
     Internal Revenue Code of 1986 of not less than 6 months 
     beginning on August 29, 2005, that may be disregarded with 
     respect to all of the acts described in section 7508(a)(1) of 
     such Code.

     SEC. 432. PENALTY FREE WITHDRAWALS FROM RETIREMENT PLANS FOR 
                   VICTIMS OF HURRICANE KATRINA.

       (a) Exclusion From Income of Certain Distributions Which 
     Are Repaid.--Section 72 of the Internal Revenue Code of 1986 
     (relating to individual retirement accounts) is amended by 
     redesignating subsection (x) as subsection (y) and by 
     inserting after subsection (w) the following new subsection:
       ``(x) Repayable Distributions From Qualified Retirement 
     Plans for Victims of Hurricane Katrina.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, gross income shall not include any qualified 
     distribution.
       ``(2) Repayment requirement.--
       ``(A) Addition to tax.--If the required recontributions 
     made by the taxpayer during the repayment period are less 
     than the qualified distribution, the tax imposed by this 
     chapter for the last taxable year in the repayment period 
     shall be increased by the amount determined under 
     subparagraph (B).
       ``(B) Determination of amount.--The amount determined under 
     this subparagraph shall be an amount which bears the same 
     ratio to the tax benefit amount as--
       ``(i) the excess (if any) of the qualified distribution 
     over required recontributions made during the repayment 
     period, bears to
       ``(ii) the qualified distribution.
       ``(C) Repayment period.--For purposes of this subsection, 
     the term `repayment period' means, with respect to any 
     qualified distribution, the 5-taxable year period beginning 
     after the taxable year in which such distribution is 
     received.
       ``(D) Tax benefit amount.--For purposes of this subsection, 
     the term `tax benefit amount' means, with respect to any 
     qualified distribution, the aggregate reduction in the tax 
     imposed by this chapter for the taxable year in which such 
     distribution is received by reason of the exclusion under 
     paragraph (1).
       ``(3) Qualified distribution.--For purposes of this 
     subsection, the term `qualified distribution' means any 
     distribution to an individual who has a principal place of 
     abode within the area designated as a disaster area by the 
     President under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act in connection with Hurricane 
     Katrina--
       ``(A) if such distribution is made during the 6-month 
     period beginning on the date such declaration is made, and
       ``(B) to the extent such distribution does not exceed the 
     excess of--
       ``(i) the amount of expenses incurred as a result of such 
     disaster, over
       ``(ii) the amount of such expenses which are compensated 
     for by insurance or otherwise.
       ``(4) Recontribution of qualified distributions.--
       ``(A) In general.--If an individual received a qualified 
     distribution, such individual shall make required 
     recontributions in the manner provided in this paragraph to 
     an individual retirement plan maintained for the benefit of 
     such individual.
       ``(B) Method of making recontribution.--Any required 
     recontribution--
       ``(i) shall be made during the repayment period for the 
     qualified distribution,
       ``(ii) shall not exceed the qualified distribution reduced 
     by any prior recontribution under this paragraph with respect 
     to such distribution, and
       ``(iii) shall be made by making a payment in cash to the 
     qualified retirement plan from which the qualified 
     distribution was made.

     An individual making a required recontribution under this 
     paragraph shall designate (in the manner prescribed by the 
     Secretary) such contribution as a required recontribution 
     under this paragraph and shall specify the qualified 
     distribution with respect to which such recontribution is 
     being made.
       ``(C) Treatment of contribution.--For purposes of this 
     title, any required recontribution under this paragraph shall 
     not be taken into account for purposes of any limitation on 
     contributions to a qualified retirement plan (as so defined).
       ``(5) Other special rules.--
       ``(A) Basis rules not affected.--The tax treatment under 
     this chapter of any distribution (other than a qualified 
     distribution) shall be determined as if this subsection had 
     not been enacted.
       ``(B) Aggregation rule.--For purposes of this subsection, 
     all qualified distributions received by an individual during 
     a taxable year shall be treated as a single distribution.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to distributions received after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.

          Subtitle E--Hurricane Katrina Food Assistance Relief

     SEC. 441. SHORT TITLE.

       This subtitle may be cited as the ``Hurricane Katrina Food 
     Assistance Relief Act of 2005''.

     SEC. 442. DEFINITION OF SECRETARY.

       In this subtitle, the term ``Secretary'' means the 
     Secretary of Agriculture.

     SEC. 443. FOOD STAMP PROGRAM DISASTER AUTHORITY.

       (a) In General.--Section 5(h) of the Food Stamp Act of 1977 
     (7 U.S.C. 2014(h)) is amended by adding at the end the 
     following:
       ``(4) Response to hurricane katrina.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Affected area.--
       ``(I) In general.--The term `affected area' means an area 
     of a State that the Secretary determines was affected by 
     Hurricane Katrina or a related condition.
       ``(II) Inclusion.--The term `affected area' includes any 
     area that, as a result of Hurricane Katrina or a related 
     condition, was covered by--

       ``(aa) a natural disaster declaration under section 321(a) 
     of the Consolidated Farm and Rural Development Act (7 U.S.C. 
     1961(a)); or
       ``(bb) a major disaster or emergency designation under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.).

       ``(ii) Affected household.--
       ``(I) In general.--The term `affected household' means a 
     household--

       ``(aa) in an affected area;
       ``(bb) in which a member worked immediately prior to August 
     29, 2005, in an affected area; or
       ``(cc) that was displaced as a result of Hurricane Katrina 
     or a related condition to other areas of the same or another 
     State.

       ``(II) Inclusion.--The term `affected household' includes a 
     household containing 1 or more individuals that were 
     displaced as a result of Hurricane Katrina or a related 
     condition, as determined by the Secretary.
       ``(iii) Disaster recovery period.--
       ``(I) In general.--The term `disaster recovery period' 
     means the period of 180 days beginning on the date of 
     enactment of this paragraph.
       ``(II) Extension.--The disaster recovery period shall be 
     extended for another 180 days unless the President determines 
     that the extension is not necessary to fully meet the needs 
     of affected households.
       ``(B) Disaster recovery period.--During the disaster 
     recovery period--
       ``(i) clauses (iv) and (v) of subsection (g)(2)(B), 
     subsections (d) and (o) of section 6, and section 8(c)(1) 
     shall not apply to affected households;
       ``(ii) the application of an affected household shall be 
     processed under the procedures established under section 
     11(e)(9);
       ``(iii) at the option of the State agency, the State agency 
     may increase the value to the affected household of the 
     thrifty food plan determined under section 3(o) by 6 percent 
     when calculating the value of the allotment for an affected 
     household under section 8(a), in lieu of making the 
     adjustment otherwise required by clause (iv);
       ``(iv) except in the case of a household to which clause 
     (iii) applies, the State agency shall calculate the income of 
     an affected household using a standard deduction of $323 in 
     lieu of the deduction provided under subsection (e)(1);
       ``(v) the Secretary shall pay each State agency an amount 
     equal to 100 percent of administrative costs allowable under 
     section 16(a) related to serving affected households in lieu 
     of the payments section 16(a) would otherwise require for 
     those costs;
       ``(vi) an affected household shall be considered to meet 
     the requirements of subsection (c)(2) if the income of the 
     affected household, as calculated under subsection (c)(2), 
     does not exceed the level permitted under subsection (c)(1) 
     by more than 50 percent;
       ``(vii) any funds designated for rebuilding or relocation 
     (including payments from Federal, State, or local 
     governments, charitable organizations, employers, or 
     insurance companies) shall be excluded from consideration 
     under subsection (g) in determining the eligibility of an 
     affected household; and
       ``(viii) an affected household may not be considered to 
     customarily purchase food and prepare meals together with 
     other individuals if the affected household did not 
     customarily purchase food and prepare meals for home 
     consumption with those individuals immediately prior to 
     August 29, 2005.
       ``(C) Duplicate participation.--
       ``(i) In general.--The Secretary shall take such actions as 
     are prudent and reasonable under the circumstances to 
     identify affected households that are participating in more 
     than 1 State and to terminate the duplicate participation of 
     those households.

[[Page S9844]]

       ``(ii) No action taken.--Except in the case of deliberate 
     falsehoods, no action may be taken against any affected 
     household relating to any duplicate participation during the 
     disaster recovery period that takes place prior to 
     termination under clause (i).
       ``(D) Claims relating to benefits.--Except in the case of 
     intentional program violations as determined under section 
     6(b), no claim may be established under section 13(b) 
     relating to benefits issued under this subsection.
       ``(E) Payment error rate.--For purposes of determining the 
     payment error rate of a State agency under section 16(c), the 
     Secretary shall disregard any errors resulting from the 
     application of this paragraph to an affected household during 
     the disaster recovery period.
       ``(F) Savings clause.--This paragraph shall not apply in 
     any area of a State to the extent that there is in effect in 
     the area an emergency food stamp plan approved by the 
     Secretary that is more generous than the assistance provided 
     under this paragraph.''.
       (b) Program Information Activities.--
       (1) In general.--From funds otherwise appropriated for the 
     food stamp program established under the Food Stamp Act of 
     1977 (7 U.S.C. 2011 et seq.), the Secretary may use not more 
     than $5,000,000 for the period of fiscal year 2005 through 
     2006 to enter into contracts with nonprofit organizations to 
     provide affected households (as defined in section 
     5(h)(4)(A)(i) of the Food Stamp Act of 1977 (as added by 
     subsection (a)) with information about and assistance in 
     completing the application process for any food assistance 
     programs for which the Secretary provides funds or 
     commodities.
       (2) Expediting provisions.--Notwithstanding any other 
     provision of law, the Secretary shall not be required--
       (A) to provide public notice of the availability of funds 
     described in paragraph (1); or
       (B) to accept competitive bids for contracts under this 
     subsection.

     SEC. 444. EMERGENCY FOOD ASSISTANCE PROGRAM AND SECTION 32 
                   ASSISTANCE.

       (a) Definition of Eligible Recipient.--In this section, the 
     term ``eligible recipient'' means an individual or household 
     that, as determined by the Secretary in consultation with the 
     Secretary of Homeland Security--
       (1) is a victim of Hurricane Katrina or a related 
     condition;
       (2) has been displaced by Hurricane Katrina or a related 
     condition; or
       (3) is temporarily housing 1 or more individuals displaced 
     by Hurricane Katrina or a related condition.
       (b) Assistance.--
       (1) In general.--In addition to funds already obligated to 
     carry out the emergency food assistance program established 
     under the Emergency Food Assistance Act of 1983 (7 U.S.C. 
     7501 et seq.), the Secretary, in consultation with the 
     Secretary of Homeland Security, shall use not more than 
     $200,000,000 of funds made available under that Act to 
     provide a variety of food to eligible recipient agencies for 
     providing food assistance to eligible recipients, including--
       (A) special supplemental foods for pregnant women and 
     infants or for other individuals with special needs;
       (B) infant formula;
       (C) bottled water; and
       (D) fruit juices.
       (2) Use of funds.--Funds made available under paragraph (1) 
     may be used to provide commodities in accordance with--
       (A) section 27 of the Food Stamp Act of 1977 (7 U.S.C. 
     2036);
       (B) section 203A of the Emergency Food Assistance Act of 
     1983 (7 U.S.C. 7504); and
       (C) section 204 of the Emergency Food Assistance Act of 
     1983 (7 U.S.C. 7508).
       (c) Section 32 Funding.--In addition to funds obligated for 
     fiscal years 2005 and 2006 under section 32 of the Act of 
     August 24, 1935 (7 U.S.C. 612c), the Secretary shall use not 
     more than $200,000,000 of funds made available under that 
     section to provide food assistance to eligible recipients, 
     including food described in subparagraphs (A) through (D) of 
     subsection (b)(1).

     SEC. 445. WIC FUNDING.

       (a) In General.--In addition to other funds made available 
     to the Secretary for fiscal year 2005 or 2006 to carry out 
     the special supplemental nutrition program for women, 
     infants, and children established by section 17 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786), there is authorized 
     to be appropriated $200,000,000, to remain available until 
     September 30, 2007.
       (b) Emergency Designation.--The amounts made available by 
     the transfer of funds in or pursuant to subsection (a) are 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress).
       (c) Allocation of Funds.--Notwithstanding section 17(i) of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1786(i)), the 
     Secretary may allocate funds made available under subsection 
     (a) as the Secretary determines to be necessary to provide 
     assistance to women, infants, and children who, as determined 
     by the Secretary in consultation with the Secretary of 
     Homeland Security--
       (1) are victims of Hurricane Katrina or a related 
     condition; or
       (2) have been displaced by Hurricane Katrina or a related 
     condition.

     SEC. 446. REPORT.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary, in consultation with the Secretary of 
     Homeland Security, shall submit to the Committee on 
     Agriculture of the House of Representatives and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate a 
     report that--
       (1) describes whether additional funding or authority is 
     needed to continue to address the food needs of eligible 
     recipients; and
       (2) includes any determination by the President under 
     section 5(h)(4)(A)(iii)(II) of the Food Stamp Act of 1977 (as 
     added by section _03(a)) that an extension of the disaster 
     recovery period is not necessary to fully meet the needs of 
     affected households.

     SEC. 447. REGULATIONS.

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

                     Subtitle F--Bankruptcy Relief

     SEC. 451. BANKRUPTCY RELIEF FOR VICTIMS OF HURRICANE KATRINA.

       (a) In General.--Notwithstanding any other provision of 
     law, the provisions of title 11, United States Code, as in 
     effect on August 29, 2005, shall apply to any case described 
     in subsection (b).
       (b) Eligibility.--A case described in this subsection is a 
     case commenced during the 180-day period beginning on the 
     effective date of the Bankruptcy Abuse Prevention and 
     Consumer Protection Act of 2005, under title 11, United 
     States Code (other than under chapter 12 of that title 11), 
     or during an extension of a period for the availability of 
     benefits or assistance in accordance with section 501(b), by 
     or on behalf of a debtor who resides, or who resided on 
     August 29, 2005, in any area that is subject to a declaration 
     by the President of a major disaster under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.) in connection with Hurricane Katrina.

                    TITLE V--ADMINISTRATIVE MATTERS

     SEC. 501. PERIOD OF AVAILABILITY OF BENEFITS.

       (a) In General.--Except as otherwise provided by this Act 
     or an amendment made by this Act, a benefit or assistance 
     provided by any provision of this Act or an amendment made by 
     this Act shall be available through the date that is 180 days 
     after the date of enactment of this Act.
       (b) Automatic Extension.--The period during which a benefit 
     or assistance described in subsection (a) is available shall 
     be automatically extended for an additional 180 days, 
     beginning on the date that is 181 days after the date of 
     enactment of this Act (or any earlier date on which such 
     period expires under a provision of this Act or an amendment 
     made by this Act), unless the President determines that the 
     extension of the availability of the benefit or assistance is 
     not necessary to fully meet the needs of individuals and 
     households affected by Hurricane Katrina or a related 
     condition.
       (c) Report.--If the President determines that an extension 
     is not necessary under subsection (b), the President shall 
     submit to Congress a report describing the determination.

     SEC. 502. NONDISCRIMINATION.

       Each recipient of Federal funds made available pursuant to 
     this Act or an amendment made by this Act, in carrying out 
     programs and activities with those funds, shall comply with 
     all Federal laws (including regulations) prohibiting 
     discrimination on the basis of race, color, religion, sex, 
     national origin, age, or disability, including title VI of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). Each 
     recipient of Federal funds made available pursuant to this 
     Act or an amendment made by this Act, in carrying out 
     programs and activities with those funds, shall comply with 
     all Federal laws (including regulations) prohibiting 
     discrimination on the basis of race, color, religion, sex, 
     national origin, age, or disability, including title VI of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
                                 ______
                                 
      By Mr. OBAMA:
  S. 1638. A bill to provide for the establishment of programs and 
activities to assist in mobilizing an appropriate healthcare workforce 
in the event of a health emergency or natural disaster; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. OBAMA. Mr. President, earlier this week I traveled with former 
Presidents Bush and Clinton to Houston and met countless hurricane 
survivors who shared heart-wrenching stories about their experiences. 
Too many of the hurricane survivors have lost their jobs, their homes, 
and for some, beloved friends and family members.
  Hurricane Katrina served as another important reminder of man's 
inability

[[Page S9845]]

to control the wrath of Mother Nature. Yet, our response to such 
calamitous events is completely within our control. Hurricane Katrina 
was the first disaster, the Nation's emergency response to Hurricane 
Katrina was the second disaster.
  We have all watched TV reports of residents stranded, abandoned 
really, without food or water and medical care, while those charged 
with emergency response delayed and fumbled their duties. Many of the 
sick and elderly were left behind at the makeshift hospital inside the 
New Orleans airport, and others faced uncertainties regarding their own 
medical care while staying at temporary shelters in Houston.
  The Nation's generous outpouring of support for the survivors of 
Hurricane Katrina is heart-warming. Yet, many of those who would 
volunteer their services have been thwarted by bureaucratic red tape 
from antiquated laws and regulations. My own office has received 
numerous complaints from constituents whose offers of service were 
refused. In particular, medical professionals, which are still so 
desperately needed in affected areas, were turned away from FEMA and 
not informed about alternative mechanisms for volunteering. These 
doctors also expressed concerns relating to licensure, liability, and 
their ability to take leaves of absence from their jobs.
  The Federal Government should be doing everything possible to 
streamline the process by which trained medical personnel around the 
country can volunteer their services in Louisiana, Mississippi, 
Alabama, and any of the States where evacuees have been relocated. I 
have introduced legislation today, entitled the Hurricane Katrina 
Emergency Health Workforce Act of 2005, that will start this process.
  There are five components to this bill. It would create a national 
emergency health professional volunteer corps, so that we will have a 
ready pool of volunteer doctors and nurses who are willing, trained, 
and certified to serve in times of disaster. My bill would provide 
liability protections to qualified health professionals and provide the 
same job protections that many Federal employees and members of the 
National Guard already have. Requirements for State licensure would be 
lifted for licensed doctors who travel to disaster stricken areas 
outside of their home States. In addition, the CDC would establish a 
national and easily accessible database with the names and contact 
information of doctors and nurses, as well as their specialties and 
licensures, around the Nation. Finally, recognizing that emergencies 
are often unpredictable, this legislation would grant the Secretary 
broad authority to suspend rules and regulations in order to get health 
professionals where they are needed and when they are needed.
  Although we live in a changing and uncertain world, one constant 
remains--whether it be earthquakes, hurricanes, tornadoes, or sadly 
even terrorist attacks, the nation will surely face future devastating 
and cataclysmic events. We know now that the Nation's preparedness for 
such events in no way matches our ability to respond and mitigate human 
suffering and economic collapse. We must do better. I urge each of my 
colleagues to join me in passing this legislation.
                                 ______
                                 
      By Mr. NELSON of Florida:
  S. 1640. A bill to prohibit price gouging relating to certain goods 
and services in areas affected by major disasters; to the Committee on 
Commerce, Science, and Transportation.
  Mr. NELSON of Florida. Mr. President, I rise today to introduce the 
``Protection from Price Gouging Against Disaster Victims Act of 2005'' 
and ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1640

       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 ``Protection From Price 
     Gouging Against Disaster Victims Act of 2005''.

     SEC. 2. FINDINGS AND GOALS.

       (a) Findings.--Congress finds that--
       (1) the United States experiences tremendous generosity and 
     goodwill in the wake of natural disasters;
       (2) unfortunately, some unscrupulous individuals take 
     advantage of those disasters in an attempt to gain 
     financially;
       (3) the Federal Trade Commission is charged with preventing 
     unfair methods of competition and unfair and deceptive acts 
     or practices under section 5 of the Federal Trade Commission 
     Act (15 U.S.C. 45);
       (4) the Federal Trade Commission has extensive experience 
     analyzing markets and competitive issues in order to 
     determine whether market participants are engaging in actions 
     that may have anticompetitive effects; and
       (5) the Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Energy and Commerce of the 
     House of Representatives are charged by their respective 
     Houses with consumer protection.
       (b) Goals.--The goals of this Act are--
       (1) to decrease the occurrence of persons charging 
     unconscionably excessive prices for consumer goods and 
     services following natural disasters;
       (2) to require the Federal Trade Commission to conduct 
     ongoing investigations of actions intended to disadvantage 
     consumers following natural disasters; and
       (3) to ensure that sufficient enforcement authority is 
     available to the Commission to carry out the responsibilities 
     of the Commission under this Act and the amendments made by 
     this Act.

     SEC. 3. PRICE GOUGING PROHIBITION FOLLOWING MAJOR DISASTERS.

       The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is 
     amended--
       (1) by redesignating sections 25 and 26 as sections 26 and 
     27, respectively; and
       (2) by inserting after section 24 the following:

     ``SEC. 25. PROTECTION FROM PRICE GOUGING FOLLOWING MAJOR 
                   DISASTERS.

       ``(a) Definitions.--In this section:
       ``(1) Affected area.--The term `affected area' means an 
     area affected by a major disaster declared by the President 
     under Federal law in existence on the date of enactment of 
     the Protection From Price Gouging Against Disaster Victims 
     Act of 2005.
       ``(2) Consumer good or service.--
       ``(A) In general.--The term `consumer good or service' 
     means a good, piece of equipment, or service provided 
     primarily for personal, family, or household purposes, 
     including food, water, ice, a chemical, a building supply, a 
     tool, a petroleum product, a residential construction, 
     reconstruction, or repair service, or a service for the 
     removal of debris (including a damaged tree) or garbage.
       ``(B) Inclusion.--The term `consumer good or service' 
     includes a property or a facility rented to a consumer for 
     use as a residence or storage facility.
       ``(3) Price gouging.--The term `price gouging' means the 
     charging of an unconscionably excessive price by a supplier 
     in an affected area.
       ``(4) Supplier.--The term `supplier' includes a seller, 
     reseller, wholesaler, distributor, retailer, lessor, 
     provider, or licensed or unlicensed contractor, 
     subcontractor, or laborer engaged in the provision or 
     distribution of a consumer good or service.
       ``(5) Unconscionably excessive price.--The term 
     `unconscionably excessive price' means a price charged in an 
     affected area for a consumer good or service that--
       ``(A) represents a gross disparity, as determined by the 
     Commission in accordance with subsection (e), between the 
     price charged for the good or service and the average price 
     of the good or service charged by suppliers in the affected 
     area during the 30-day period immediately before the 
     President declares the existence of a major disaster; and
       ``(B) is not attributable to increased wholesale or 
     operational costs incurred by the supplier in connection with 
     the provision of the consumer good or service.
       ``(b) Determination of the Commission.--Following the 
     declaration of a major disaster by the President, the 
     Commission shall--
       ``(1) consult with the Attorney General of the United 
     States, the United States Attorney for the district in which 
     the disaster occurred, and State and local law enforcement 
     officials to determine whether any supplier in the affected 
     area is charging or has charged an unconscionably excessive 
     price for any consumer good or service provided in the 
     affected area; and
       ``(2) establish within the Commission--
       ``(A) a toll-free hotline that a consumer may call to 
     report an incidence of price gouging in the affected area; 
     and
       ``(B) a program to develop and distribute to the public 
     informational materials in English and Spanish to assist 
     residents of the affected area in detecting and avoiding 
     price gouging.
       ``(c) Price Gouging Involving Disaster Victims.--
       ``(1) Offense.--During the 180-day period after the date on 
     which a major disaster is declared by the President, no 
     supplier shall provide, or offer to provide, any consumer 
     good or service in an affected area at an unconscionably 
     excessive price.
       ``(2) Action by commission.--
       ``(A) In general.--During the period described in paragraph 
     (1), the Commission shall conduct investigations to determine 
     whether any supplier in an affected area is in violation of 
     paragraph (1).
       ``(B) Positive determination.--If the Commission determines 
     under subparagraph (A) that a supplier is in violation of 
     paragraph

[[Page S9846]]

     (1), the Commission shall take any action the Commission 
     determines to be appropriate to remedy the violation.
       ``(3) Civil penalties.--A supplier that commits an offense 
     described in paragraph (1) may, in a civil action brought in 
     a court of competent jurisdiction, be subject to--
       ``(A) a civil penalty not more than $500,000;
       ``(B) an order to pay special and punitive damages;
       ``(C) an order to pay reasonable attorney's fees;
       ``(D) an order to pay costs of litigation relating to the 
     offense;
       ``(E) an order for disgorgement of profits earned as a 
     result of a violation of paragraph (1); and
       ``(F) any other relief determined by the court to be 
     appropriate.
       ``(4) Criminal penalty.--A supplier that knowingly commits 
     an offense described in paragraph (1) shall be imprisoned not 
     more than 1 year.
       ``(5) Action by victims.--A person, Federal agency, State, 
     or local government that suffers loss or damage as a result 
     of a violation of paragraph (1) may bring a civil action 
     against a supplier in any court of competent jurisdiction for 
     disgorgement, special or punitive damages, injunctive relief, 
     reasonable attorney's fees, costs of the litigation, and any 
     other appropriate legal or equitable relief.
       ``(6) Action by state attorneys general.--An attorney 
     general of a State, or other authorized State official, may 
     bring a civil action in the name of the State, on behalf of 
     persons residing in the State, in any court of competent 
     jurisdiction for disgorgement, special or punitive damages, 
     reasonable attorney's fees, costs of litigation, and any 
     other appropriate legal or equitable relief.
       ``(7) No preemption.--Nothing in this section preempts any 
     State law.
       ``(d) Report.--Not later than 1 year after the date of 
     enactment of the Protection From Price Gouging Against 
     Disaster Victims Act of 2005, and annually thereafter, the 
     Commission shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report describing--
       ``(1) the number of price gouging complaints received by 
     the Commission for each major disaster declared by the 
     President during the preceding year;
       ``(2) the number of price gouging investigations of the 
     Commission initiated, in progress, and completed as of the 
     date on which the report is prepared;
       ``(3) the number of enforcement actions of the Commission 
     initiated, in progress, and completed as of the date on which 
     the report is prepared;
       ``(4) an evaluation of the effectiveness of the toll-free 
     hotline and program established under subsection (b)(2); and
       ``(5) recommendations for any additional action with 
     respect to the implementation or effectiveness of this 
     section.
       ``(e) Definition of Gross Disparity.--Not later than 180 
     days after the date of enactment of the Protection From Price 
     Gouging Against Disaster Victims Act of 2005, the Commission 
     shall promulgate regulations to define the term `gross 
     disparity' for purposes of this section.''.

     SEC. 4. EFFECT OF ACT.

       Nothing in this Act, or an amendment made by this Act, 
     affects any authority of the Federal Trade Commission in 
     existence on the date of enactment of this Act with respect 
     to price gouging actions.
                                 ______
                                 
      By Ms. SNOWE (for herself and Ms. Collins):
  S. 1641. A bill to authorize the Secretary of the Army to carry out a 
project for the mitigation of shore damage attributable to the project 
for navigation, Saco River, Maine; to the Committee on Environment and 
Public Works.
  Ms. SNOWE. Mr. President, I rise today to introduce a bill for the 
City of Saco, ME that concerns the town's ability to allow the mooring 
of boats on the Saco River. The bill changes the turning basin into an 
anchorage while managing a 50-foot channel within the anchorage. The 
town was not aware that it was in violation because of 21 moorings 
located in the Saco River Federal Navigational Project. In an effort to 
eliminate this encroachment, city officials have requested a 
modification or deauthorization of the Federal Navigational Project to 
resolve the issue.
  The U.S. Army Corps of Engineers has suggested language that re-
designates the maneuvering basin into an anchorage area that will meet 
the needs of the community. The language, which I hope will be included 
in the Water Resources Development Act in this Congress, will allow for 
the legal moorage of boats, the fairway for which would be maintained 
by the City of Saco as is customary for towns with Federal anchorages. 
It is my understanding that the two mayors of the cities involved along 
with the Saco Yacht Club have agreed to the Corps' language.
                                 ______
                                 
      By Mr. CORNYN:
  S 1642. A bill to prohibit narco-terrorists from aiding and 
supporting terrorists and terrorist organizations; to the Committee on 
the Judiciary.
  Mr. CORNYN. Mr. President, I rise today to introduce the Narco-
Terrorism Prevention Act of 2005. This bill confronts the new reality 
and very real danger of the deadly mix of drug trafficking and 
terrorism.
  Many of the State Department's designated Foreign Terrorist 
Organizations are involved in the trafficking of illegal drugs--that 
is, illegal drugs that end up on the streets of cities throughout our 
country and other countries and poison the fabric of our society, our 
children, our families, and our neighbors. Terrorists, like the old 
organized crime syndicates from the past, have recognized that illegal 
drug trafficking is a valuable source of financing and another way to 
threaten our country.
  The evidence linking these two criminal activities is overwhelming: 
terrorists in Afghanistan have been infiltrating and controlling the 
cultivation of poppies, and ultimately heroin; media reports indicate 
that the deadly Spain bombings were financed by drug money; the 
Hezbollah has been linked to drug trafficking; and of course, the 
Revolutionary Armed Forces of Colombia, or the FARC, has long-standing 
drug trafficking operations which fund their deadly activities.
  Narco-terrorism takes many forms, all of which are deadly. Before 
September 11, the term called to mind Pablo Escobar, the classic 
cocaine trafficker who used terrorist tactics against citizens and 
officials to protect his drug trade. Post 9/11, governments now find 
themselves combating classic terrorist groups that participate in, or 
otherwise receive funds from, drug trafficking in order to further 
their agenda. But whether narco-terrorists are actual drug traffickers 
who use terrorism against civilians to advance their agenda, or are 
principally terrorists who out of convenience or necessity use drug 
money to further their cause, the label of narco-terrorist may be 
equally applicable to both groups, and the full force of U.S. law 
should be brought to bear on these organizations.
  My State is experiencing the collateral effects of a drug war being 
carried out by modern day narco-terrorists in Nuevo Laredo, Mexico. 
News reports have described an ongoing battle between rival drug 
cartels over drug smuggling routes from Mexico into the United States. 
These organizations assassinate police officers and other government 
officials in a clear attempt to force the local government in Nuevo 
Laredo to allow these organizations to carry on their illegal activity, 
unimpeded. Our government needs every available tool at its disposal to 
combat this activity.
  The legislation I introduce today creates a new Federal crime 
designed to punish the trafficking of controlled substances which are 
intended to benefit a foreign terrorist organization or any one else 
planning a terrorist attack. It also carries a stiff, mandatory-minimum 
penalty of 20 years for anyone convicted. Importantly, the Narco-
Terrorism Prevention Act provides for extraterritorial jurisdiction 
which allows law enforcement to reach beyond our borders to arrest and 
deter those who intend to carry out a crime of this nature.
  This bill says that whether you are a member of or assisting a drug 
cartel along the border that employs terrorist tactics to protect its 
drug trade, or you are assisting international terrorists with the 
proceeds from drug transactions, this bill targets you. This bill puts 
you on notice that our government has the authority to arrest you and, 
when apprehended, you will face a lengthy, and perhaps permanent, stay 
in prison.
                                 ______
                                 
      By Mr. HARKIN (for himself and Mr. Leahy):
  S. 1643. A bill to provide the Secretary of Agriculture with 
additional authority and funding to provide emergency relief, in 
coordination with the Secretary of Homeland Security, to victims of 
Hurricane Katrina and related conditions; to the Committee on 
Agriculture, Nutrition, and Forestry.

[[Page S9847]]



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