[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
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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]]
____________________