Hurricane Katrina Recovery, Reclamation, Restoration, Reconstruction and Reunion Act of 2005

administer the compensation program established under this title;

promulgate all procedural and substantive rules for the administration of this title; and

employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this title.

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.

Claim form

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.

Review

The Special Master shall review a claim submitted under subsection (a) and determine—

Negligence

With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability.

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.

Rights of claimant

A claimant in a review under paragraph (1) shall have—

No punitive damages

The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this title.

Collateral compensation

The Special Master shall reduce the amount of compensation determined under paragraph (1)(B)(ii) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of Hurricane Katrina.

In general

A claimant shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant—

Individuals

A claimant is an individual described in this paragraph if the claimant is—

Requirements

In general

The Attorney General is authorized to accept such amounts as may be contributed by individuals, business concerns, or other entities to carry out this title, under such terms and conditions as the Attorney General may impose.

Use of separate account

In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts.

Planning

In order to protect the health and safety of the people of the Gulf Coast regions devastated by Hurricane Katrina, the Administrator of the Environmental Protection Agency (hereinafter in this title referred to as the Administrator) , in consultation with the Governor of any affected State, shall develop a Comprehensive Environmental Sampling and Toxicity Assessment Plan (hereinafter in this title referred to as the CESTAP) to determine the immediate and long-term hazards posed by exposure to toxins and infectious materials released into the environment as a result of Hurricane Katrina and resultant flooding.

Comprehensive testing

By sampling and analysis of the soil, water, air and human populations in order to determine the presence, volume, and potential distribution vectors of hazardous toxins and infectious materials.

Aggregation and notification

The data collected shall be aggregated to identify environmental hot spots, known and potential toxic threats and public health trends.

First line of defense

In light of the high potential for a public health disaster under circumstances of multiple releases of toxic and hazardous substances into the environment and complex mixing of such materials in floodwaters, the Administrator shall set up the first line of defense against immediate and long-term threats to public safety by ensuring that all existing Federal and State environmental and work safety standards are diligently observed.

Coordination

The CESTAP shall encompass and be coordinated with existing sampling and assessment efforts by Federal and State agencies. In light of the scope and types of testing necessary, the multiple regions affected and the pressing need for haste, the Administrator shall utilize the work of independent, professional researchers with established credentials. Such work of citizen researchers, motivated by the same desire as the government to protect their fellow citizens from harm, shall be utilized by government officials in identifying the most hazardous geographic sites and potential public health emergencies.

Initial notice

Not later than 30 days after the date of the enactment of this Act, the Administrator shall submit to the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate an initial draft of the CESTAP, together with a progress report on the current state of the environmental testing, assessment, clean-up and public safety efforts in the hurricane-devastated regions of the Gulf Coast.

Subsequent notifications

Not later than 30 days after the date on which the Administrator submits the initial plan and progress report under paragraph (1), and every 30 days thereafter, the Administrator shall submit to such committees a subsequent progress report, covering—

the known and potential threats to public health and safety, immediate and long-term, identified under the CESTAP;

details of efforts to inform and alert the public and government officials of identified threats and evaluation of their effectiveness;

results of efforts to ensure the safety of responders and clean-up crews and evaluation of their effectiveness;

results of immediate intervention and on-going monitoring of public health, including the health of responders, clean-up crews and government officials present in affected areas and evaluation of their effectiveness;

an overall assessment of—

additional recommendations for action on problems that have not yet been addressed or have not adequately been addressed.

Right of return

The Department of Homeland Security, the Federal Emergency Management Agency and the Environmental Protection Agency shall allow residents to return to their homes and claim their property and to assist them in doing so and in handling the relief and rehabilitation efforts in the Gulf region shall be guided by this principle.

Right to know the risks

At the same time, Federal and State shall inform the hurricane survivors about the known and possible health risks they may face upon returning to their domiciles, as well how they can best protect themselves and where they can obtain the necessary equipment and materials to do so, and shall prevent residents from returning to areas where the health risks are too severe.

Standards

Principles (1) and (2) above must be balanced against one another and the Administrator shall play the lead role in setting safety standards to help bring concert to the work of various Federal, State and local officials to determine which areas remain too unsafe to allow residents to return. In doing so, the Administrator shall have the authority to define zones of safety, including—

Compensation

Residents whose homes or businesses have been destroyed or terminally compromised or who face an indefinite waiting period before being allowed to reclaim their property shall be offered the choice of alternative land and/or housing as compensation.

Safety over speculation

The government’s obligations defined in principles (1) and (2) above do not apply in the same way to private interests such as land speculators who are not in the condition of having no home to return to.

Inspection and certification

The government must protect the public and consumers from immediate and long-term health risks by requiring those public and private buyers of property in potentially contaminated areas who possessed no title to said land prior to the hurricane, to obtain certification of a comprehensive inspection for environmental quality, public health safety as well as compliance with local historical preservation laws prior to commencement of new construction or re-sale of real estate. The Administrator shall determine areas subject by this clause and shall work with the Centers for Disease Control and Prevention as well as State, local and community governments to establish inspection and certification procedures.

Inspection procedures

The Administrator shall develop standards for such inspection procedures, in cooperation with State and local officials, including local health and public safety agencies. These standards are to be included in the overall CESTAP provided under this section.

Highest risk areas

The Administrator shall take immediate action to ensure that contaminated areas that have already been identified as posing the highest risk to human health are properly marked with warning signs, and are patrolled by police who have been given clear guidelines on how to manage traffic in and out of the area. The Administrator shall also ensure that public and health officials from the surrounding region are provided with detailed information about the dangers posed by the area of contamination, and what movement restrictions apply. This being of the highest priority, the Administrator shall not wait for the first draft of the CESTAP plan before acting.

Airborne contaminants

The Administrator shall take immediate action to ensure that the population in areas subject to potential health risks from airborne contaminates are made aware of the dangers they face through a public information campaign, with literature to be provided to and disseminated by State and local officials and, where their capacity is lacking, by Federal agencies. This being of the highest priority, the Administrator shall not wait for the first draft of the CESTAP before acting.

Information campaign

A major component of the CESTAP plan shall be a pro-active information campaign as part of an effort to produce and disseminate information in the form of literature, web postings and public service announcements providing affected populations with clear and concise warnings about the potential hazards they face.

Regular updates

The Administrator shall ensure that the campaign is on-going, providing the public with new information as it becomes available.

Notifying officials

The Administrator shall ensure that this information campaign includes the provision of detailed information, in print and through direct consultation, to officials overseeing disaster relief, rehabilitation and clean-up.

Providing means of protection

Public information campaigns under this section shall be coordinated in conjunction with efforts to supply relevant safety equipment (from hazmat suits to rubber gloves and cleaning solutions) to affected populations and working crews.

Inter-agency cooperation

The Administrator shall develop the CESTAP plan by—

Responders health and safety plan

The CESTAP shall contain a program designed to protect the health and safety of responders and clean-up crews specifically in relation to toxic and infectious materials.

Inter-agency coordination

The Administrator shall coordinate this program with the following agencies:

Authority of Administrator

The Administrator shall have authority to involve and use the resources of these agencies to achieve the goals here set out.

worksites and areas where responders and clean-up crews are to be sent are subject to a full environmental assessment and identification of hazards through onsite evaluation and monitoring and identification of workers likely to be facing high risk of hazardous exposures;

relief, reconstruction and clean-up workers of all contributing agencies—

mechanisms are in place to provide equal protection from environmental and health hazards to State and local public employees not covered by regulations of the Occupational Safety and Health Administration; and

these efforts are coordinated in close collaboration with local employers, unions and safety and health professionals.

Immediate human health assessment

The Administrator shall include in the CESTAP plan an immediate public health assessment of—

Purpose

The purpose of such immediate assessment is—

professionals who can share expert scientific and environmental knowledge with the Administrator and officials involved in carrying out the CESTAP;

respected community leaders capable of providing to the Administrator and officials involved in carrying out the CESTAP first-hand knowledge of—

officials from State and local government; and

State and local public health and safety officials.

local and national scientific and environmental nongovernmental organizations;

civic bodies and community organizations in the affected cities, States, and regions;

State, local and community government bodies.

previous or on-going threats to public health that the CESTAP failed to identify or to adequately address;

the effectiveness of efforts under CESTAP to protect residents, responders and clean-up workers through providing information, training and safety equipment; and

implementation of the CESTAP in coordination with State, local and community government and nongovermental bodies, including suggestions for further improvement.

In general

Any amounts made available pursuant to this section shall be used only for disaster relief, long-term recovery, and mitigation in communities in any area for which the President declared a major disaster or emergency under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act in connection with Hurricane Katrina, except those activities reimbursable by the Federal Emergency Management Agency or available through the Small Business Administration.

Projects in progress

In the case of any project or activity in an area described in paragraph (1) that was underway before the Presidential declaration with respect to such area, the project or activity may not be provided any amounts made available under this section unless the disaster or emergency for which such declaration was made directly impacted the project.

Authority

In administering any amounts made available under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of such amounts (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that such waiver is required to facilitate the use of such amounts, and would not be inconsistent with the overall purpose of the statute. The Secretary may waive the requirements that activities benefit persons of low and moderate income, except that at least 50 percent of the amounts made available under this section shall benefit primarily persons of low and moderate income unless the Secretary makes a finding of compelling need.

Publication

The Secretary shall publish in the Federal Register any waiver of any statute or regulation authorized under this subsection no later than 5 days before the effective date of such waiver.

Requirement to offer only to eligible families

During the 6-month period beginning on the date of the enactment of this Act, the Secretary may not dispose of any covered property under any provision of law other than this Act and may not offer, or enter into any agreement for disposition of, a covered property under any other such provision.

Request and occupancy

If, during the period referred to in paragraph (1), an eligible family makes a request, in such form as the Secretary may require, to occupy a covered property, the Secretary shall, in accordance with the selection criteria established pursuant to subsection (d), make the covered property available to the eligible family for occupancy in accordance with the terms under subsection (e).

Availability for eligible families

During the 18-month period that begins upon the conclusion of the period under subsection (b)(1), the Secretary shall offer each covered property for occupancy by affected families, but, except as provided in paragraph (2) of this subsection, may dispose of covered properties under other applicable provisions of law and may offer and enter into agreements for disposition of covered properties under such other provisions.

Request and occupancy

If, during the period referred to in paragraph (1), an eligible family makes a request, in such form as the Secretary may require, to occupy a covered property for which the Secretary has not entered into any agreement for disposition under any other provision of law, the Secretary shall, in accordance with the selection criteria established pursuant to subsection (d), make the covered property available to the eligible family for occupancy in accordance with the terms under subsection (e).

5-years rent-free

The eligible family may reside in the property under the terms of a lease (or renewable leases) which shall provide for rent-free occupancy, but which in no case may extend beyond the expiration of the 5-year period beginning upon initial occupancy of the property by the family.

Option to purchase

At any time during the occupancy of a covered property by an eligible family pursuant to paragraph (1), the eligible family may purchase the property from the Secretary at price equal to the lesser of—

Covered property

The term covered property means any property that—

Eligible family

The term eligible family means a person or household whose primary residence, as of August 29, 2005—

Consumer mortgage

The term consumer mortgage means any consumer credit transaction (as defined in section 103 of the Truth in Lending Act) in which a security interest, including any such interest arising by operation of law, is retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended.

Consumer mortgage payment

The term consumer mortgage payment means the scheduled payment on a consumer mortgage for principal, interest, and any scheduled deposit in an escrow account for the purpose of assuring payment of taxes, insurance, or other charges with respect to the property securing such consumer mortgage.

Eligible individual

The term eligible individual means an individual—

Federal banking agency and state bank supervisor

The terms Federal banking agency and State bank supervisors have the meaning given such terms in section 3 of the Federal Deposit Insurance Act.

Hurricane katrina disaster area

The term Hurricane Katrina disaster area means a parish in the State of Louisiana, a county in the State of Mississippi, or a county in the State of Alabama, for which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) as a result of Hurricane Katrina and which the President has determined, before September 11, 2005, warrants both individual and public assistance from the Federal Government under such Act.

Servicer

The term servicer, with respect to a consumer mortgage, has the same meaning as in section 6(i) of the Real Estate Settlement Procedures Act of 1974.

In general

The Secretary shall design and implement the program under subsection (a) in a manner that enables eligible individuals to obtain assistance with respect to a consumer mortgage to be paid by the Secretary on behalf of such individual directly to the consumer mortgage servicer.

Limitation

Subject to paragraph (3), in no case shall the value of the assistance provided under the program under this section, in the case of any eligible individual, exceed 100 percent of the total amount of consumer mortgage payments due during such period with respect to such individual.

Enrollment

In general

The Secretary shall provide for the application of a randomized retrospective auditing process to the program under this section by a date that is not earlier than November 1, 2005.

Repayment of funds

No double payments

The Secretary shall take appropriate actions to ensure that consumer mortgage servicers do not retain double payments in instances where individuals make payments on a consumer mortgage for any period for which payments have already been made under the program under this section.

Notification

To be eligible to receive payments under the program under this section, a consumer mortgage servicer shall notify the Secretary—

Prohibited actions

During the 1-year emergency period described in subsection (e), a consumer mortgage servicer who accept payments under the program under this section with respect to any consumer mortgage, and any person who makes or holds such consumer mortgage (if other than the servicer), may not—

a program of the Federal Emergency Management Agency or any other agency of the Federal Government that provides housing or housing assistance; or

a program of any agency of any State or local government, or of any nongovernmental organization, that—

the individual shall be treated in the same manner as an absent uniformed services voter and overseas voter for purposes of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.), other than section 103(b)(1) (42 U.S.C. 1973ff–2(b)(1)); and

the individual shall be deemed to be an individual who is entitled to vote by absentee ballot for purposes of the National Voter Registration Act of 1993 and the Help America Vote Act of 2002.

who certifies to the appropriate State election official that the individual is absent from the place of residence where the individual is otherwise qualified to vote as a result of evacuation from an area affected by Hurricane Katrina; and

who provides the official with an affidavit stating that the individual intends to return to such place of residence after the election or elections involved.

provide written guidance for financial institutions in implementing the voluntary moratorium described in subsection (b), and any other permissible forbearance, to ensure that such financial institutions are not negatively impacted by acting in accordance with the intention of the Congress; and

take this forbearance policy into consideration as they examine or audit the financial status of regulated financial institutions.

a voluntary moratorium on the payment of both principal and interest, by those who are not in a position to pay, on unsecured loans and other extensions of credit made or extended before August 28, 2005, including small business and consumer loans, should be recognized by creditors for a 1-year period beginning on August 28, 2005, with respect to borrowers who as of such date resided in, or whose businesses were located within, an area adversely affected by Hurricane Katrina;

creditors should refrain from negative reporting with respect to any loans described in paragraph (1) to any consumer reporting agency during the 1-year period described in such paragraph;

during the 1-year period beginning on the date of the enactment of this Act—

during the 1-year period beginning on the date of the enactment of this Act, it is vital that insured depository institutions and insured credit unions continue to provide financial services to consumers displaced or otherwise adversely affected by Hurricane Katrina, which includes the cashing of Federal government assistance and benefit checks;

during the 1-year period beginning on the date of the enactment of this Act, depository institutions should voluntarily waive any limitation on the availability of funds deposited by consumers in the form of insurance claim checks that is otherwise authorized to be imposed under the Expedited Funds Availability Act; and

all creditors should waive any fees for late periodic payments on any outstanding balance in any credit card account under an open end consumer credit plan (as such terms are defined in the Truth in Lending Act) when the consumer proffers evidence that the late payment was due to—

the insured depository institution or insured credit union maintains its principal place of business within a qualified disaster area;

the total assets of the insured depository institution or insured credit union as of August 27, 2005, was less than $500,000,000;

the insured depository institution or insured credit union derives more than 50 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, a qualified disaster area;

the insured depository institution or insured credit union was adequately or well capitalized as of August 28, 2005;

the reduction in the capital or net worth category of the insured depository institution or insured credit union is a direct result of Hurricane Katrina; and

forbearance from any such action—

Capital and net worth categories defined

The terms relating to capital categories for insured depository institutions have the same meaning as in section 38(b)(1) of the Federal Deposit Insurance Act and the terms relating to net worth categories for insured credit unions have the same meaning as in section 216(c)(1) of the Federal Credit Union Act.

Qualified disaster area

The term qualified disaster area means any area within Alabama, Louisiana, or Mississippi in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after August 28, 2005, that a major disaster exists due to Hurricane Katrina.

In general

Subject to subsection (d), the Federal Deposit Insurance Corporation shall establish, in accordance with emergency guidance issued by the Board of Governors of the Federal Reserve System under subsection (d)(1), an emergency program under which an insured depository institution may obtain, subject to subsection (d)(2), a commitment from the Corporation to indemnify the insured depository institution for any loss suffered by the institution through cashing a check or share draft that—

Source of funds for payments

Any payments required to be made by the Corporation pursuant to a commitment under paragraph (1) to an insured depository institution shall be drawn from funds available for such purposes under subsection (c).

In general

Subject to subsection (d), the National Credit Union Administration shall establish, in accordance with emergency guidance issued by the Board under subsection (d)(1), an emergency program under which an insured credit union may obtain, subject to subsection (d)(2), a commitment from the Administration to indemnify the insured credit union for any loss suffered by the credit union through cashing a share draft or check that—

Source of funds for payments

Any payments required to be made by the National Credit Union Administration pursuant to a commitment under paragraph (1) to an insured credit union shall be drawn from funds available for such purposes under subsection (c).

Limited extension of check cashing services

Notwithstanding any limitation in section 107(12) of the Federal Credit Union Act with regard to field of membership, an insured credit union may cash any check presented for payment by any individual described in paragraph (1)(A).

In general

The Board, after consulting the Federal Deposit Insurance Corporation and the National Credit Union Administration, shall, upon the enactment of this Act, promptly issue appropriate guidance—

Compliance with guidance condition

The emergency guidance issued under paragraph (1) shall require any insured depository institution or insured credit union seeking a commitment under subsection (a)(1) or (b)(1) to demonstrate that the institution or credit union is in compliance with the guidance in such manner as the Board determines to be appropriate and practicable.

Per individual per institution limitation

No specific insured depository institution or insured credit union may be indemnified for losses in excess of $2,000 with respect to checks and share drafts presented by any one individual.

Board

The term Board means the Board of Governors of the Federal Reserve System.

Insured credit union

The term insured credit union has the same meaning as in section 101 of the Federal Credit Union Act.

Insured depository institution

The term insured depository institution has the same meaning as in section 3 of the Federal Deposit Insurance Act.

In general

Subject to paragraph (2), the provisions of this section shall apply to checks or share drafts presented to an insured depository institution or an insured credit union during the period beginning on August 28, 2005, and ending August 28, 2006.

Limited extension

The period described in paragraph (2) may be extended once for an additional 180 days if—

In general

The Federal Deposit Insurance Corporation and the Director of the Office of Thrift Supervision shall provide such technical assistance to minority financial institutions affected by Hurricane Katrina as may be appropriate to preserve the safety and soundness of such financial institutions, prevent the insolvency of such institutions, and enable the institutions to recovery from the adverse financial impact of Hurricane Katrina on the customers of the institutions, the assets of the institutions, and any real and personal property securing such assets.

Minority institution defined

For purposes of this subsection, the term minority financial institution has the same meaning as in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

In general

The National Credit Union Administration shall provide such technical assistance to minority credit unions affected by Hurricane Katrina as may be appropriate to preserve the safety and soundness of such credit unions, prevent the insolvency of such credit unions, and enable the credit unions to recovery from the adverse financial impact of Hurricane Katrina on the customers of the credit unions, the assets of the credit unions, and any real and personal property securing such assets.

Definitions

For purposes of this subsection, the following definitions shall apply:

In general

Amounts appropriated pursuant to the authorization under subsection (a) shall be available to the Fund under the Community Development Banking and Financial Institutions Act of 1994 for the purposes of such Act, including technical and training assistance, awards under the Bank Enterprise Act of 1991, equity investments, deposits, and other forms of financial assistance to community development financial institutions, in accordance with paragraph (2).

Adjustments to criteria

In providing assistance under paragraph (1), the Community Development Banking and Financial Institutions Act of 1994 shall be applied with the following adjustments:

Hurricane Katrina affected area defined

For purposes of this section, the term Hurricane Katrina affected area means any county (as defined in section 2 of title 1, United States Code) that—

by striking and payments and inserting payments, and

by inserting before the period at the end , and payments to victims of a natural disaster on account of their status as victims of a natural disaster.

by redesignating paragraphs (40A) and (40B) as paragraphs (40C) and (40D), respectively, and

by inserting after paragraph (40) the following:

in paragraph (2)(B)(i) by inserting , including a natural disaster before the semicolon, and

in paragraph (3) by inserting (including a natural disaster) after circumstances.

in subparagraph (A) by inserting (i) after (A),

in subparagraph (C) by striking the period at the end and inserting ; or,

by redesignating subparagraphs (B) and (C) as clauses (ii) and (iii), respectively, and

by adding at the end the following:

in the table of sections by adding at the end the following:

in subchapter I by adding at the end the following:

Eligible losses

Coverage may be made available under this section only for a damage or loss to an eligible structure, but not including any contents thereof, from flooding resulting from Hurricane Katrina.

Amount

The amount of such coverage made available under this section for an eligible structure may not exceed the lesser of—

sustained damage from flooding resulting from Hurricane Katrina of 2005;

is of a type (including residential properties, business properties, and others) for which coverage was generally made available under the national flood insurance program as of August 28, 2005;

is located in a covered disaster area (as such term is defined in subsection (h));

as of August 28, 2005, was covered by an insurance policy for losses caused by wind or windstorm;

is not located in an area that has been identified by the Director as an area having special flood hazards (as such term is used for purposes of section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)); and

was not covered by flood insurance made available under the national flood insurance program at the time of such damage.

Amount

The Director shall charge, for coverage made available under this section for an eligible structure, premiums in the amount equal to 105 percent of the aggregate amount of premiums that would have been charged, at the time, for coverage for the structure under the national flood insurance program (for the type and amount of coverage provided) for the 10-year period that ends upon the date of purchase of such coverage.

Deduction from claims

The Director shall provide that a purchaser of coverage made available under this section may pay premiums charged for such coverage pursuant to paragraph (1) by deducting such amounts from the amount of any claims payable under such coverage.

Credits to NFIF

There shall be credited to the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) the following amounts:

at all times after purchasing coverage under this section for the structure, in perpetuity, maintain coverage under the national flood insurance program, for any structures located at any time on the same property on which, at the time of purchase, such eligible structure is located, in an amount at least equal to the lesser of—

accept any offer to take mitigation actions or activities made, with respect to the structure, under a mitigation program under section 1323, 1361A, or 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030, 4102a, 4104c).

any premiums charged or collected pursuant to subsection (d);

any claims paid pursuant to coverage made available under this section; or

any amounts appropriated pursuant to subsection (i).

Covered disaster area

The term covered disaster area means an area—

Director

The term Director means the Director of the Federal Emergency Management Agency.

For claims payments

There are authorized to be appropriated to the Director such sums as may be necessary to cover all costs of flood insurance coverage made available under this section, including administrative expenses and claims under such coverage.

For mitigation assistance

There are authorized to be appropriated such sums as may be necessary, for the national flood insurance fund established under section 1310 of the National Flood Insurance Act of 1968 and for the national flood mitigation fund established under section 1367 of such Act (42 U.S.C. 4104d), for use only for mitigation activities under the programs under sections 1323, 1361A, and 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030, 4102a, 4104c), as appropriate, for eligible structures.