109th CONGRESS
1st Session
H. R. 4197
To provide for the recovery, reclamation, restoration and reconstruction
of lives and communities and for the reunion of families devastated by Hurricane
Katrina and to address the issues of poverty exposed by Hurricane Katrina.
IN THE HOUSE OF REPRESENTATIVES
November 2, 2005
Mr. WATT (for himself, Mr. CONYERS, Mr. RANGEL, Mr. OWENS, Mr. TOWNS, Mr.
LEWIS of Georgia, Mr. PAYNE, Mr. JEFFERSON, Ms. NORTON, Ms. WATERS, Mr. BISHOP
of Georgia, Ms. CORRINE BROWN of Florida, Mr. CLYBURN, Mr. HASTINGS of Florida,
Ms. EDDIE BERNICE JOHNSON of Texas, Mr. RUSH, Mr. SCOTT of Virginia, Mr. WYNN,
Mr. THOMPSON of Mississippi, Mr. FATTAH, Ms. JACKSON-LEE of Texas, Mr. JACKSON
of Illinois, Ms. MILLENDER-MCDONALD, Mr. CUMMINGS, Ms. CARSON, Mrs. CHRISTENSEN,
Mr. DAVIS of Illinois, Mr. FORD, Ms. KILPATRICK of Michigan, Mr. MEEKS of
New York, Ms. LEE, Mrs. JONES of Ohio, Mr. CLAY, Ms. WATSON, Mr. DAVIS of
Alabama, Mr. MEEK of Florida, Mr. SCOTT of Georgia, Mr. BUTTERFIELD, Ms. MCKINNEY,
Mr. CLEAVER, Mr. AL GREEN of Texas, and Ms. MOORE of Wisconsin) introduced
the following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committees on the Judiciary, Financial Services, Energy
and Commerce, Transportation and Infrastructure, Education and the Workforce,
Small Business, Government Reform, and Budget, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To provide for the recovery, reclamation, restoration and reconstruction
of lives and communities and for the reunion of families devastated by Hurricane
Katrina and to address the issues of poverty exposed by Hurricane Katrina.
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 `Hurricane Katrina Recovery,
Reclamation, Restoration, Reconstruction and Reunion Act of 2005'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. General findings.
TITLE I--VICTIM RESTORATION FUND
Sec. 104. Administration.
Sec. 105. Determination of eligibility for compensation.
Sec. 106. Payments to eligible individuals.
TITLE II--ENVIRONMENTAL PROVISIONS
Sec. 201. Environmental findings.
Sec. 202. Comprehensive plan.
Sec. 203. Notification of public and professionals.
Sec. 204. Training for responders and clean-up workers.
Sec. 205. Public health assessment and monitoring.
Sec. 206. Independent review.
TITLE III--HEALTH PROVISIONS
Subtitle A--Repair and Access
Sec. 301. Repair and disparities grants.
Sec. 302. Disaster relief Medicaid.
Subtitle B--Temporary Assistance to Needy Families (TANF)
Sec. 311. Reimbursement of States for TANF benefits provided to assist families
from other States affected by Hurricane Katrina.
Sec. 312. Increase in amount of additional TANF funds available for hurricane-damaged
States.
Sec. 313. Rules for receipt of Hurricane Katrina Emergency TANF Benefits
and application to child support requirements.
Sec. 314. Authority to use funds in individual development accounts for
car ownership, maintenance and insurance.
Subtitle C--Unemployment Compensation
Sec. 321. Federal-State agreements.
Sec. 322. Requirements relating to regular compensation.
Sec. 323. Requirements relating to emergency extended unemployment compensation.
Sec. 324. Payments to States.
Sec. 325. Financing provisions.
Subtitle D--Health Insurance Coverage
Sec. 331. Temporary emergency health coverage assistance for businesses
and individuals.
Sec. 332. Authority to postpone certain deadlines related to individual
health coverage by reason of presidentially declared disaster or terroristic
or military action.
TITLE IV--HOUSING AND COMMUNITY REBUILDING
Sec. 402. Public housing capital fund reserves for emergencies and natural
disasters.
Sec. 403. HOPE VI program.
Sec. 404. HOME Investment Partnerships program.
Sec. 405. Community development block grant assistance.
Sec. 406. CDBG loan guarantee program.
Sec. 407. Youthbuild program.
Sec. 408. Capacity building for community development and affordable housing.
Sec. 409. Emergency rental assistance vouchers.
Sec. 410. Prohibition of placement of families in substandard dwelling units.
Sec. 411. Fair housing enforcement.
Sec. 412. Housing counseling for families in temporary shelters.
Sec. 413. Availability of HUD inventory properties.
Sec. 414. Hurricane Katrina mortgage protection fund.
Sec. 415. Housing priority for military personnel.
TITLE V--EDUCATION PROVISIONS
Subtitle A--General Provisions
Subtitle B--Early Childhood Programs Assistance
Part 1--Emergency Funding for Continuation of Services Under Child Care
and Development Block Grant Act of 1990
Sec. 511. Emergency assistance for services under Child Care and Development
Block Grant Act of 1990.
Sec. 512. Authorization of appropriations.
Part 2--Waiver Authority to Provide Services Under Child Care and Development
Block Grant Act of 1990
Sec. 521. Waiver authority to expand the availability of services under
Child Care and Development Block Grant Act of 1990.
Sec. 522. Authorization of appropriations.
Part 3--Emergency Funding for Continuation of Head Start Services
Sec. 531. Emergency assistance for Head Start services.
Sec. 532. Authorization of appropriations.
Part 4--Waiver Authority to Provide Head Start Services
Sec. 541. Waiver authority to expand the availability of Head Start services.
Sec. 542. Technical assistance, guidance, and resources.
Subtitle C--Relief for Elementary and Secondary Schools
Sec. 551. Education and pupil services for elementary and secondary students
relocated because of Hurricane Katrina.
Sec. 552. Immediate Aid to Restart Public School Operations.
Sec. 553. Grants for LEA's serving relocated children with disabilities.
Sec. 554. Assistance for homeless youth.
Sec. 555. Grants for activities at community learning centers.
Sec. 556. Grants for construction, modernization, or repair of school facilities.
Sec. 557. Katrina teachers incentive program.
Sec. 558. Expedited Applications for Teacher Recruitment Grants.
Sec. 559. Use of grant funds for major disasters.
Subtitle D--Relief for Institutions of Higher Education
Sec. 561. Findings; Sense of Congress.
Sec. 562. Institutional Grants for Recruitment and Retention.
Sec. 563. Loan forgiveness.
Sec. 565. Emergency designations.
TITLE VI--VOTING RIGHTS
Sec. 602. Applicability of protections for absent military and overseas
voters to Katrina evacuees.
Sec. 603. Grants to States for Restoring and Replacing Election Administration
Supplies, Materials, and Equipment Damaged by Hurricane Katrina.
TITLE VII--FINANCIAL SERVICES PROVISIONS
Sec. 701. Hurricane Katrina regulatory relief.
Sec. 702. Flexibility in capital and net worth standards for small affected
institutions.
Sec. 703. Waiver of Federal Reserve Board fees for certain services.
Sec. 704. Waiver of certain limitation on certain bank investments to promote
the public welfare.
Sec. 705. Emergency authority to guarantee checks cashed for victims of
Hurricane Katrina.
Sec. 706. Technical assistance for minority institutions.
Sec. 707. Implementing Katrina disaster relief through the CDFI Fund.
TITLE VIII--EXPANDED OPPORTUNITY AND SMALL BUSINESS PROVISIONS
Subtitle A--Expanded Opportunity
Sec. 801. Reinstatement of Davis-Bacon wage requirements.
Sec. 802. Increased procurement goal for certain Federal contracts for recovery
from Hurricane Katrina.
Sec. 803. Local participation goal for participation in Federal procurement
contracts in areas affected by Hurricane Katrina.
Sec. 804. Requirement for hurricane recovery-related contracts to require
40 percent of contract workers be local residents.
Sec. 805. Requirement for hurricane recovery-related contracts to include
financial incentives for contractors to meet goals specified in the contracts.
Sec. 806. Apprenticeship and other requirements for post-hurricane reconstruction.
Sec. 807. Restatement of full application of statutory requirements of equal
employment opportunity applicable to contracts and subcontracts to provide
Hurricane Katrina relief.
Subtitle B--Disaster Loans and Small Business Relief
Sec. 812. Disaster loans after Hurricane Katrina.
Sec. 813. Nationwide disaster loans.
Sec. 814. Small business emergency relief.
Sec. 815. Authorization of appropriations for business counseling.
Sec. 816. Small business development centers.
Sec. 818. Small business bonding threshold.
Sec. 820. Budgetary treatment of loans and financings.
Sec. 821. Emergency procurement authority.
TITLE IX--TAX PROVISIONS
Sec. 901. Home purchase by victims of Hurricane Katrina.
Sec. 902. Relief through low-income housing credit relating to Hurricane
Katrina.
Sec. 903. Tax exempt bonds for qualified gulf coast recovery projects.
TITLE X--BANKRUPTCY
Sec. 1002. Definitions; who may be a debtor.
Sec. 1003. Amendment to chapter 3.
Sec. 1004. Amendments to chapter 5.
Sec. 1005. Amendments to chapter 7.
Sec. 1006. Amendments to chapter 11.
Sec. 1007. Amendments to chapter 13.
Sec. 1008. Amendment to title 28 of the United States Code.
Sec. 1009. Effective date; application of amendments.
TITLE XI--MISCELLANEOUS
Sec. 1101. Reimbursements.
Sec. 1102. Temporary flood insurance buy-in program.
Sec. 1103. Protection of existing rights of military personnel.
TITLE XII--ERADICATING POVERTY
Sec. 1202. Sense of Congress.
SEC. 2. GENERAL FINDINGS.
The Congress finds that--
(1) Hurricane Katrina devastated the lives of untold numbers of people who
resided, worked and did business in the Gulf Coast area of the United States
and exposed in graphic terms the extent of poverty in the United States
and how poverty can make it impossible for people to respond in ways necessary
to protect their own interests, even in the face of the most immediate and
imminent danger; and
(2) the President, the Congress and the people of the United States want
to make an unprecedented response to rebuild the lives, homes, communities
and businesses of those devastated by Hurricane Katrina and to make a renewed
and sustained effort to eradicate poverty in the United States and believe
that the following provisions will contribute thereto.
TITLE I--VICTIM RESTORATION FUND
SEC. 101. SHORT TITLE.
This title may be cited as the `Hurricane Katrina Victim Restoration Fund
of 2005'.
SEC. 102. DEFINITIONS.
In this title, the following definitions apply:
(1) CLAIMANT- The term `claimant' means an individual filing a claim for
compensation under section 105(a)(1).
(2) COLLATERAL SOURCE- The term `collateral source' means all collateral
sources, including life insurance, pension funds, death benefit programs,
and payments of Federal, State, or local governments related to Hurricane
Katrina if such payments by Federal, State, or local governments are paid
directly to the claimant.
(3) ECONOMIC LOSS- The term `economic loss' means any pecuniary loss resulting
from harm (including the loss of equity in assets, the loss of earnings
or other benefits related to employment, medical expense loss, replacement
services loss, loss due to death, burial costs, and loss of business or
employment opportunities).
(4) ELIGIBLE INDIVIDUAL- The term `eligible individual' means an individual
determined to be eligible for compensation under section 105(c).
(5) NONECONOMIC LOSSES- The term `noneconomic losses' means losses for physical
and emotional pain, suffering, inconvenience, physical impairment, mental
anguish, disfigurement, loss of enjoyment of life, loss of society and companionship,
loss of consortium (other than loss of domestic service), hedonic damages,
injury to reputation, and all other nonpecuniary losses of any kind or nature
available under the laws of Alabama, Louisiana, or Mississippi to which
the Special Master determines the claimant has the most substantial connection.
(6) SPECIAL MASTER- The term `Special Master' means the Special Master appointed
under section 104(a).
SEC. 103. PURPOSE.
It is the purpose of this title to provide compensation to any individual
(or relatives of a deceased individual) who sustained economic or noneconomic
losses as a result of Hurricane Katrina such that the individual (or relatives
of a deceased individual) are restored as nearly as possible to their condition
prior to Hurricane Katrina.
SEC. 104. ADMINISTRATION.
(a) In General- The Attorney General, acting through a Special Master appointed
by the Attorney General, shall--
(1) administer the compensation program established under this title;
(2) promulgate all procedural and substantive rules for the administration
of this title; and
(3) employ and supervise hearing officers and other administrative personnel
to perform the duties of the Special Master under this title.
(b) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary to pay the administrative and support costs
for the Special Master in carrying out this title.
SEC. 105. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
(1) IN GENERAL- A claimant may file a claim for compensation under this
title with the Special Master. The claim shall be on the form developed
under paragraph (2) and shall state the factual basis for eligibility for
compensation and the amount of compensation sought.
(A) IN GENERAL- The Special Master shall develop a claim form that claimants
shall use when submitting claims under paragraph (1). The Special Master
shall ensure that such form can be filed electronically, if determined
to be practicable.
(B) CONTENTS- The form developed under subparagraph (A) shall request--
(i) information from the claimant concerning the physical harm that
the claimant suffered, or in the case of a claim filed on behalf of
a decedent information confirming the decedent's death, as a result
of Hurricane Katrina;
(ii) information from the claimant concerning any possible economic
and noneconomic losses that the claimant suffered as a result of Hurricane
Katrina; and
(iii) information regarding collateral sources of compensation the claimant
has received or is entitled to receive as a result of Hurricane Katrina.
(3) LIMITATION- No claim may be filed under paragraph (1) after the date
that is 2 years after the date on which regulations are promulgated under
section 107.
(b) Review and Determination-
(1) REVIEW- The Special Master shall review a claim submitted under subsection
(a) and determine--
(A) whether the claimant is an eligible individual under subsection (c);
(B) with respect to a claimant determined to be an eligible individual--
(i) the extent of the harm to the claimant, including any economic and
noneconomic losses; and
(ii) the amount of compensation to which the claimant is entitled based
on the harm to the claimant, the facts of the claim, and the individual
circumstances of the claimant.
(2) NEGLIGENCE- With respect to a claimant, the Special Master shall not
consider negligence or any other theory of liability.
(3) DETERMINATION- Not later than 120 days after that date on which a claim
is filed under subsection (a), the Special Master shall complete a review,
make a determination, and provide written notice to the claimant, with respect
to the matters that were the subject of the claim under review. Such a determination
shall be final and not subject to judicial review.
(4) RIGHTS OF CLAIMANT- A claimant in a review under paragraph (1) shall
have--
(A) the right to be represented by an attorney;
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