S. 1836Senate109th Congress (2005-2007)In Committee

Gulf Coast Infrastructure Redevelopment and Recovery Act of 2005

Introduced October 6, 2005

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Environment and Public Works.

October 6, 2005

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SenateIntro Referral

Introduced in Senate

October 6, 2005

SenateIntro Referral

Sponsor introductory remarks on measure. (CR 10/07/2005 S11226-11227)

October 6, 2005

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works.

October 6, 2005

Floor Debate

13 members

What members said about S. 1836 on the floor

7 Republicans5 Democrats1 Independent
James M. Jeffords
Sen. James M. JeffordsI-VT · Oct 6, 2005

Mr. President, over the past several weeks, in the wake of two hurricanes, we have felt the heartbreak of Americans forced from their homes with no return in sight. Safe and affordable housing is not…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Oct 6, 2005

Mr. President, today I join my colleague and the chairman of the Committee on Energy and Natural Resources, Senator Domenici, in introducing three bills, by request, to make necessary changes to law…

James M. Jeffords
Sen. James M. JeffordsI-VT · Oct 6, 2005

Mr. President, I rise today to introduce the Gulf Coast Infrastructure Redevelopment and Recovery Act of 2005 on behalf of the minority side of the EPW Committee. We have introduced three bi-…

Pat Roberts
Sen. Pat RobertsR-KS · Oct 6, 2005

Mr. President, I am pleased to be introducing the Influenza Vaccine Security Act with Senator Clinton today because I believe this legislation is critical to strengthening our public health…

Herb Kohl
Sen. Herb KohlD-WI · Oct 6, 2005

Mr. President, I rise today to discuss an issue that will greatly affect our Nation's aging population, workforce, and economy: the need to expand opportunities for older Americans to continue…

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Ken Salazar
Sen. Ken SalazarD-CO · Oct 6, 2005

Mr. President, I rise to make a statement regarding an important bill I am introducing today. It is a bill that is meant to provide a straightforward and commonsense fix to a nettlesome problem that…

John Thune
Sen. John ThuneR-SD · Oct 6, 2005

Mr. President, the rising cost of prescription drugs has squeezed not only the budgets of American consumers but also the budgets of America's health care providers. The rural hospitals in my State…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Oct 6, 2005

Mr. President, today I join my colleague, the Ranking member of the Committee on Energy and Natural Resources, Senator Bingaman, in introducing three bills, by request, to make necessary changes to…

Bill Nelson
Sen. Bill NelsonD-FL · Oct 6, 2005

Mr. President, I am pleased to be joined by my colleagues and cosponsors Senators Stabenow and Harkin as we introduce the Medicare Informed Choice Act of 2005. This bill provides additional essential…

James M. Inhofe
Sen. James M. InhofeR-OK · Oct 6, 2005

Mr. President, today I proudly rise to introduce the ``Fort Reno Mineral Leasing Act''. Fort Reno was established as a frontier cavalry post in 1874, and it played a key role in the settlement of the…

Jack Reed
Sen. Jack ReedD-RI · Oct 6, 2005

Mr. President, today I introduce the Rhode Island Fishermen's Fairness Act of 2005. This legislation would address a serious flaw in our Nation's regional fisheries management system by adding Rhode…

Jim DeMint
Sen. Jim DeMintR-SC · Oct 6, 2005

Mr. President, I rise today to offer a bill that would require hospitals to disclose their charges for the most common procedures and drugs. This bill recognizes that consumers seeking routine…

George V. Voinovich
Sen. George V. VoinovichR-OH · Oct 6, 2005

Mr. President, today I rise to introduce the ``Federal and District of Columbia Government Real Property Act of 2005,'' a bill to authorize the exchange of certain land parcels between the Federal…

Show 1 more
John Ensign
Sen. John EnsignR-NV · Oct 6, 2005

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued October 6, 2005

II

109th CONGRESS

1st Session

S. 1836

IN THE SENATE OF THE UNITED STATES

October 6, 2005

Mr. Jeffords (for himself, Mrs. Boxer, Mr. Lieberman, Mrs. Clinton, Mr. Carper, Mr. Lautenberg, Mr. Obama, and Mr. Baucus) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To provide for reconstruction, replacement, and improvement of infrastructure in the Gulf Coast Region.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Gulf Coast Infrastructure Redevelopment and Recovery 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—Infrastructure Recovery

Sec. 101. Short title.

Sec. 102. Federal Infrastructure Task Force.

Sec. 103. Duties.

Sec. 104. Federal investment standards.

Sec. 105. Natural disaster preparedness grants.

Sec. 106. Studies.

TITLE II—Federal Highway Repair and Reconstruction

Sec. 201. Emergency relief program modifications.

TITLE III—Water Infrastructure Assistance

Sec. 301. Short title.

Sec. 302. Definition of State.

Sec. 303. Treatment of certain loans.

Sec. 304. Priority list.

Sec. 305. Testing of privately-owned drinking water wells.

TITLE IV—Economic Development Assistance

Sec. 401. Economic Development Administration.

TITLE V—Assistance Through Delta Regional Authority

Sec. 501. Delta Regional Authority.

TITLE VI—Environmental Requirements

Sec. 601. Environmental assessment, cleanup, and right-to-know requirements.

TITLE VII—Corps of Engineers Projects

Sec. 701. Recovery relating to Corps of Engineers projects.

Sec. 702. Wetlands study.

Sec. 703. Permits for activities in coastal areas.

TITLE VIII—National Levee Safety Program

Sec. 801. Short title.

Sec. 802. Definitions.

Sec. 803. Inspection of levees.

Sec. 804. National levee inventory.

Sec. 805. Interagency Committee on Levee Safety.

Sec. 806. National Levee Safety Review Board.

Sec. 807. National levee safety program.

Sec. 808. Research program.

Sec. 809. Levee safety training program.

Sec. 810. Effect of title.

Sec. 811. Authorization of appropriations.

TITLE IX—Emergency Lease Requirements

Sec. 901. Short title.

Sec. 902. Emergency leases.

Sec. 903. Effective date.

TITLE X—Funding

Sec. 1001. Funding.

TITLE XI—Building Habitability

Sec. 1101. Short title.

Sec. 1102. Findings.

Sec. 1103. Purposes.

Sec. 1104. Definitions.

Sec. 1105. Abatement and inspection grants.

Sec. 1106. Threshold limit values.

Sec. 1107. Guidance for evaluation and abatement of mold.

Sec. 1108. Contractor training and certification.

Sec. 1109. Treatment.

Sec. 1110. Authorization of appropriations.

TITLE XII—Commuter assistance programs

Sec. 1201. Commuter assistance programs.

I

Infrastructure Recovery

101.

Short title

This title may be cited as the Federal Infrastructure Preparedness Act of 2005.

102.

Federal Infrastructure Task Force

(a)

Establishment

The Secretary of the Army shall establish a Federal Infrastructure Task Force (referred to in this title as the Task Force) to improve the preparedness of the United States for the effects of extreme weather events on infrastructure of the United States.

(b)

Membership

The membership of the Task Force shall consist of—

(1)

the Secretary of the Army;

(2)

the Secretary of Transportation;

(3)

the Secretary of Energy;

(4)

the Secretary of Commerce;

(5)

the Secretary of Homeland Security;

(6)

the Secretary of Health and Human Services;

(7)

the Administrator of the Environmental Protection Agency;

(8)

the Director of the Federal Emergency Management Agency;

(9)

the Chairperson of the Nuclear Regulatory Commission;

(10)

the Chief of Staff of the Economic Development Administration;

(11)

a representative of the Delta Regional Authority; and

(12)

the Director of the United States Fish and Wildlife Service.

(c)

Chairperson

The Secretary of the Army shall serve as chairperson of the Task Force (referred to in this title as the Chairperson).

103.

Duties

(a)

In general

The Task Force shall—

(1)

serve as the coordinating entity to distribute and execute Federal funding provided for infrastructure redevelopment required as a result of Hurricane Katrina;

(2)

establish standards for Federal investment in accordance with section 104;

(3)

provide grants in accordance with section 105; and

(4)

conduct studies in accordance with section 106.

(b)

Requirement

In carrying out any duty under subsection (a), the Task Force shall—

(1)

provide an opportunity for public participation, to the maximum extent practicable; and

(2)

act in accordance with Executive Order 12898 (59 Fed. Reg. 7629) relating to environmental justice.

104.

Federal investment standards

(a)

In general

The Task Force shall establish standards for Federal investment in areas impacted by Hurricane Katrina to ensure that Federal investment in areas impacted by Hurricane Katrina—

(1)

is cognizant of natural processes underway along the Gulf Coast, including wetlands erosion, wetlands restoration, subsidence, and others;

(2)

protects and preserves the cultural, architectural, and ecological heritage of the Gulf Coast region;

(3)

incorporates appropriate principles of sustainable design and livable communities; and

(4)

incorporates recommendations from the Corps of Engineers regarding redevelopment opportunities that would reduce hurricane and flooding impacts while maximizing opportunities for wetlands restoration.

(b)

Public participation

In establishing standards under subsection (a), the Task Force shall provide an opportunity for public participation, to the maximum extent practicable.

105.

Natural disaster preparedness grants

(a)

Definition of eligible entity

In this subsection, the term eligible entity means a State or local government entity located in an area that is vulnerable to frequent and intense hurricanes or other extreme weather events.

(b)

Grants

The Task Force, acting through the Chairperson, may provide grants to eligible entities to pay the Federal share of the cost of—

(1)

reviewing and updating emergency response plans and evacuation plans of the eligible entity, including consideration of the role of public transportation as a tool in evacuation planning and reentry of evacuated areas; and

(2)

implementing the following measures in response to needs identified in emergency response plans and evacuation plans:

(A)

Estimating the capability and adaptability of the infrastructure of the eligible entity.

(B)

Revising drinking water, wastewater, water supply standards, and system requirements of the eligible entity.

(C)

Providing protection measures relating to hurricanes and other extreme weather events.

(c)

Federal share

The Federal share of the cost of an activity under this section shall not exceed 75 percent.

(d)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $200,000,000, to remain available until expended.

106.

Studies

(a)

National study on vulnerability of infrastructure

(1)

In general

The Task Force, acting through the Chairperson and in consultation with the Governors of the States, shall conduct a study of the status of the transportation system, drinking water and wastewater, water supply, water resource (including flood control), and energy infrastructure of the United States to determine the vulnerability of the United States to further intense hurricane activity during calendar years 2005 and 2006.

(2)

Report

Not later than 30 days after the date of enactment of this Act, the Chairperson shall submit to Congress a report describing—

(A)

the results of the study under paragraph (1); and

(B)

recommendations with respect to legislative actions necessary to reduce the vulnerability of the United States to further intense hurricane activity during calendar years 2005 and 2006.

(3)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $500,000, to remain available until expended.

(b)

National study on preparedness for hurricanes and extreme weather events

(1)

Study

(A)

In general

For the purpose of addressing and adapting to a period of more frequent and intense hurricanes and other extreme weather events along the coast of the Gulf of Mexico and in other vulnerable regions of the United States, as determined by the Chairperson, the Task Force, acting through the Chairperson, shall conduct a study of the adequacy of Federal and State—

(i)

drinking water, wastewater, water supply, and transportation infrastructure;

(ii)

flood control capability and infrastructure;

(iii)

energy supplies;

(iv)

environmental protection;

(v)

commerce;

(vi)

telecommunications;

(vii)

health programs; and

(viii)

regulations, standards, and resources.

(B)

Adequacy of infrastructure

The study under subparagraph (A) shall include—

(i)

consideration of the adequacy of Federal and State infrastructure, including public transportation infrastructure, to support evacuation plans; and

(ii)

an analysis of any factor that prevented any individual from acting on an evacuation order during Hurricane Katrina, including recommendations for methods of addressing the factor during future evacuations.

(2)

Report

Not later than 1 year after the date of enactment of this Act, the Task Force, acting through the Chairperson, shall submit to Congress a report describing—

(A)

the results of the study under paragraph (1); and

(B)

recommendations with respect to appropriate legislative actions, including regulations, programs, standards, and funding levels, to adapt to more frequent and intense hurricanes.

(3)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $500,000, to remain available until expended.

II

Federal Highway Repair and Reconstruction

201.

Emergency relief program modifications

(a)

Maximum amount

Notwithstanding section 125(c)(1) of title 23, United States Code, or any other provision of law, the Secretary of Transportation may obligate more than $100,000,000 in a State for a fiscal year under the emergency relief program authorized by section 125 of such title, for projects for the repair or reconstruction of highways, roads, and trails in response to damage caused by Hurricane Katrina.

(b)

Federal share

Notwithstanding section 120(e) of such title or any other provision of law, during the 3-year period beginning on the date of enactment of this Act, the Federal share of the cost of each project described in subsection (a) shall be 100 percent.

(c)

Authorization of appropriations

In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, for the emergency relief program authorized under section 125 of such title, $2,900,000,000, to remain available until expended: Provided, That the amounts made available under this section are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).

III

Water Infrastructure Assistance

301.

Short title

This title may be cited as the Emergency Water Infrastructure Assistance Act of 2005.

302.

Definition of State

In this title, the term State means—

(1)

the State of Alabama;

(2)

the State of Louisiana; and

(3)

the State of Mississippi.

303.

Treatment of certain loans

(a)

Definition of eligible project

In this section, the term eligible project means a project—

(1)

to repair, replace, or rebuild a publicly-owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)), including a privately-owned utility that principally treats municipal wastewater or domestic sewage, in an area affected by Hurricane Katrina or a related condition; or

(2)

that is a water quality project directly related to relief efforts in response to Hurricane Katrina or a related condition, as determined by the State in which the project is located.

(b)

Additional subsidization

(1)

In general

Subject to paragraph (2), for the 2-year period beginning on the date of enactment of this Act, a State may provide additional subsidization to an eligible project that receives funds through a revolving loan under section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383), including—

(A)

forgiveness of the principal of the revolving loan; or

(B)

a zero-percent interest rate on the revolving loan.

(2)

Limitation

The amount of any additional subsidization provided under paragraph (1) shall not exceed 30 percent of the amount of the capitalization grant received by the State under section 602 of the Federal Water Pollution Control Act (33 U.S.C. 1382) for the fiscal year during which the subsidization is provided.

(c)

Extended terms

For the 2-year period beginning on the date of enactment of this Act, a State may extend the term of a revolving loan under section 603 of that Act (33 U.S.C. 1383) for an eligible project described in subsection (b), if the extended term—

(1)

terminates not later than the date that is 30 years after the date of completion of the project that is the subject of the loan; and

(2)

does not exceed the expected design life of the project.

(d)

Priority lists

For the 2-year period beginning on the date of enactment of this Act, a State may provide assistance to an eligible project that is not included on the priority list of the State under section 216 of the Federal Water Pollution Control Act (33 U.S.C. 1296).

304.

Priority list

For the 2-year period beginning on the date of enactment of this Act, a State may provide assistance to a public water system that is not included on the priority list of the State under section 1452(b)(3)(B) of the Safe Drinking Water Act (42 U.S.C. 300j–12(b)(3)(B)), if the project—

(1)

involves damage caused by Hurricane Katrina or a related condition; and

(2)

is in accordance with section 1452(b)(3)(A) of that Act (42 U.S.C. 300j–12(b)(3)(A)).

305.

Testing of privately-owned drinking water wells

On receipt of a request from a homeowner, the Administrator of the Environmental Protection Agency may conduct a test of a drinking water well owned or operated by the homeowner that is, or may be, contaminated as a result of Hurricane Katrina or a related condition.

IV

Economic Development Assistance

401.

Economic Development Administration

Section 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149) is amended by adding at the end the following:

(e)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated to the Secretary to provide assistance described in subsection (c)(2) $200,000,000, to remain available until expended.

(2)

Salaries and expenses

There is authorized to be appropriated for salaries and expenses of carrying out subsection (c)(2) $10,000,000, to remain available until expended.

.

V

Assistance Through Delta Regional Authority

501.

Delta Regional Authority

(a)

Distressed counties and areas, nondistressed counties, and disaster areas

Section 382F of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa–5) is amended—

(1)

in the section heading, by striking and nondistressed counties and inserting , nondistressed counties, and disaster areas;

(2)

in subsection (a)—

(A)

in paragraph (2), by striking and at the end;

(B)

in paragraph (3), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(4)

as a disaster area any county or parish within the jurisdiction of the Authority that is affected by the declaration of a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) in response to Hurricane Katrina.

;

(3)

by redesignating subsection (d) as subsection (e); and

(4)

by inserting after subsection (c) the following:

(d)

Disaster areas

(1)

Delta Regional Authority Hurricane Katrina Relief Fund

(A)

Establishment

As soon as practicable after the date of enactment of this paragraph, the Authority shall establish a fund, to remain separate from the general Treasury fund of the Authority numbered 95X0750, to be known as the Delta Regional Authority Hurricane Katrina Relief Fund (referred to in this subsection as the Fund).

(B)

Deposits

The Authority shall deposit into the Fund any amounts made available under section 382M(b).

(C)

Use of funds

(i)

In general

Except as otherwise provided in this subparagraph, the Authority shall allocate amounts in the Fund to programs and projects that are eligible to receive assistance under this Act in areas in the region that are affected by the declaration of a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) in response to Hurricane Katrina.

(ii)

Administrative expenses

The Authority shall use not more than 3 percent of amounts made available under section 382M(b) to pay administrative expenses of carrying out this subsection.

(iii)

Indirectly affected areas

The Authority may make funds available to any area within the jurisdiction of the Authority that is indirectly affected by a major disaster or emergency, as determined by the Authority, including areas that provide housing, transportation, employment, and health care to individuals evacuated as a result of Hurricane Katrina.

(2)

Consultation

In allocating funds under paragraph (1), the Authority shall coordinate with the Secretary of Agriculture, the Secretary of Commerce, the Director of the Federal Emergency Management Agency, the Secretary of Housing and Urban Development, the Secretary of the Treasury, the Administrator of the Small Business Administration, the Secretary of Energy, the Secretary of the Interior, the Secretary of Labor, the Secretary of Transportation, the Secretary of the Army, and the Administrator of the Environmental Protection Agency in order to—

(A)

avoid duplication of efforts; and

(B)

ensure that projects are prioritized appropriately and funds are used effectively, as determined by the Authority.

(3)

Funding limitations

No funding limitation under this Act shall apply to a project under this subsection.

.

(b)

Authorization of appropriations

Section 382M of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa–12) is amended—

(1)

in subsection (a), by striking $30,000,000 and all that follows through the end of the subsection and inserting , except section 382F(d), $40,000,000 for each of fiscal years 2006 and 2007, to remain available until expended.;

(2)

by redesignating subsection (b) as subsection (c); and

(3)

by inserting after subsection (a) the following:

(b)

Disaster areas

There is authorized to be appropriated to the Delta Regional Authority Hurricane Katrina Relief Fund to carry out section 382F(d) $100,000,000 for each of fiscal years 2006 and 2007, to remain available until expended.

.

VI

Environmental Requirements

601.

Environmental assessment, cleanup, and right-to-know requirements

(a)

Assessment and cleanup funding for Superfund and other hazardous sites

(1)

In general

The Administrator of the Environmental Protection Agency (referred to in this title as the Administrator) shall use funds appropriated under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and funds provided to the Administrator in response to Hurricane Katrina for—

(A)

cleanup activities (including response actions in accordance with the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and corrective actions in accordance with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.));

(B)

reconstruction and rehabilitation of drinking water supplies and wastewater treatment plants; and

(C)

addressing potential or actual threats to human health or the environment arising from or relating to Hurricane Katrina.

(2)

Priority

(A)

In general

The Administrator shall prioritize cleanup activities to be conducted under this subsection based on the risks posed by a particular area in which the activities are to be conducted to human health or the environment.

(B)

Source of funds

In carrying out this subsection, the Administrator shall use amounts appropriated under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and amounts appropriated to the Administrator in response to Hurricane Katrina before using amounts made generally available to the Administrator.

(3)

Applicable standards and requirements

Any activity or evaluation carried out under this subsection shall be subject to the same standards and requirements (including requirements relating to the use of funds) as are applicable to programs carried out using funds of the Environmental Protection Agency.

(b)

Assessment of facilities of concern and environmental media

(1)

Definitions

In this subsection:

(A)

Facility of concern

The term facility of concern means—

(i)

a chemical, petroleum, or other facility that is subject to the chemical accident prevention program under section 112(r) of the Clean Air Act (42 U.S.C. 7412(r));

(ii)

a site on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) (including such a site for which corrective action is ordered under that Act);

(iii)

a site for which the Administrator or a State has ordered corrective action in accordance with section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u); 6428(h));

(iv)

a hazardous waste generation, treatment, storage, or disposal facility subject to regulation under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.);

(v)

a surface impoundment;

(vi)

an aboveground storage tank;

(vii)

an underground storage tank (as defined in section 9001 of the Solid Waste Disposal Act (42 U.S.C. 6991)); and

(viii)

a railcar or tanker truck used to transport a hazardous constituent.

(B)

Hazardous material

(i)

In general

The term hazardous material means—

(I)

a hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601));

(II)

a petroleum-based substance; and

(III)

an industrial or commercial chemical.

(ii)

Inclusions

The term hazardous material includes—

(I)

a petroleum-based product;

(II)

a metal;

(III)

a volatile or semi-volatile organic compound;

(IV)

a pesticide;

(V)

an herbicide;

(VI)

a polychlorinated biphenyl; and

(VII)

any biological material in floodwater, surface water, sediment, or soil that may threaten human health or the environment.

(C)

Release

The term release has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

(2)

Identification and assessment

(A)

In general

Immediately after the date of enactment of this Act, the Administrator shall implement a comprehensive testing and monitoring plan to identify and assess levels of any hazardous material affected by Hurricane Katrina, including levels of hazardous material at facilities of concern.

(B)

Assessments

Using data gathered pursuant to the testing and monitoring plan, the Administrator shall—

(i)

assess the short-term, ongoing, and long-term human health risks (including cancer and non-cancer health effects) from all routes of exposure associated with contaminant concentrations in floodwater, surface water, sediment, and soil, including any contamination that may remain in that water, sediment, or soil (including Lake Pontchartrain and soil in areas affected by Hurricane Katrina); and

(ii)

include in the assessment under clause (i) a targeted analysis of risks to—

(I)

sensitive subpopulations (such as children, pregnant women, the elderly, and people with impaired immune systems); and

(II)

low-income and minority communities.

(3)

Public availability of plan, results, and assessments

(A)

Plan

As soon as the plan described in paragraph (2) is prepared, but not later than October 30, 2005, the Administrator shall make the plan available to—

(i)

the public; and

(ii)

the Chairman and Ranking Members of the appropriate committees of Congress.

(B)

Sampling results and assessments

The Administrator shall immediately make all sampling results and other analyses, and all assessments of risks to human health or the environment, completed or received under this subsection available to the public (including to evacuees, recovery workers, and emergency personnel) in a centralized, Internet-accessible, searchable database.

(c)

Report on releases that may threaten human health and the environment

(1)

In general

Not later than October 30, 2005, the Administrator shall prepare an initial report summarizing all known or threatened releases of hazardous materials into the environment arising out of or relating to Hurricane Katrina.

(2)

Requirements of report

The report shall contain an evaluation of—

(A)

the extent and location of known releases resulting from Hurricane Katrina;

(B)

any potential threats to public health or the environment posed by those releases;

(C)

any response actions undertaken in response to those releases;

(D)

the cost of each such response action; and

(E)

comprehensive costs that will likely be incurred in conducting future assessment and cleanup actions relating to Hurricane Katrina.

(3)

Public availability and participation

The Administrator shall—

(A)

make the report under this subsection available to—

(i)

the public; and

(ii)

the Chairman and Ranking Member of each committee of Congress with oversight jurisdiction over the Environmental Protection Agency;

(B)

update and disseminate the report every 30 days until the date on which the Administrator determines that all releases resulting from Hurricane Katrina have been identified, assessed, and cleaned up; and

(C)

in preparing and updating the report, solicit information from facility employees, community members, and other knowledgeable individuals with respect to matters covered by the report.

VII

Corps of Engineers Projects

701.

Recovery relating to Corps of Engineers projects

(a)

In general

In conducting repair and rehabilitation after Hurricane Katrina, the Secretary of the Army, acting through the Chief of Engineers (referred to in this title as the Secretary), shall conduct a comprehensive assessment of Corps infrastructure in the region affected by Hurricane Katrina to determine whether opportunities exist for project modifications that may reduce future hurricane impacts or further other project purposes.

(b)

Project modifications

In evaluating opportunities for project modifications, the Secretary shall include—

(1)

a review of the use of natural buffers, such as wetlands or beaches, for hurricane protection;

(2)

a review of the potential use of voluntary buyouts to reduce the potential for loss of life and property resulting from a hurricane or other disaster; and

(3)

an increased level of flood protection using the levee system in effect as of the date of enactment of this Act.

(c)

Report

The Secretary shall submit to the Task Force established under section 102 and appropriate State and local governments any redevelopment recommendations that would—

(1)

reduce hurricane and flooding impacts while maximizing opportunities for wetlands restoration; or

(2)

mitigate the effects of any required repairs or modifications on the coastal Louisiana ecosystem and any other affected area.

(d)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $1,000,000, to remain available until expended.

702.

Wetlands study

(a)

In general

The Administrator of the Environmental Protection Agency shall enter into a contract with the National Academy of Sciences under which the National Academy of Sciences shall conduct a study of the effect or potential effect of wetlands on the intensity of Hurricane Katrina, including wind speed and storm surge.

(b)

Inclusion

The study under subsection (a) shall include an analysis of the plan of the Corps of Engineers to restore coastal areas in the State of Louisiana, in accordance with the report of the Chief of Engineers for the Louisiana Coastal Area Ecosystem Restoration Project, dated January 31, 2005, to determine—

(1)

the effect of Hurricane Katrina on the viability of the plan; and

(2)

whether the plan, if carried out, would reduce the effects of hurricanes on the Gulf Coast in the future.

703.

Permits for activities in coastal areas

Notwithstanding any other provision of law, in each instance in which the Secretary issues a permit under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) for, or otherwise authorizes the conduct in accordance with that section of, any activity in a coastal area that is at risk of being affected by a hurricane, the Secretary shall make a written determination that the proposed activity will not, when considered individually or cumulatively with other activities, exacerbate or cause an increased risk of loss of life or other damage from flooding, storm surges, or any other hurricane-related event.

VIII

National Levee Safety Program

801.

Short title

This title may be cited as the National Levee Safety Program Act of 2005.

802.

Definitions

In this title:

(1)

Board

The term Board means the National Levee Safety Review Board established under section 806(a).

(2)

Committee

The term Committee means the Interagency Committee on Levee Safety established under section 805(a).

(3)

Levee

The term levee means an embankment (including floodwalls)—

(A)

the primary purpose of which is to provide flood protection relating to seasonal high water and storm surges; and

(B)

that is subject to water loading for only a few days or weeks during a year.

(4)

Federal agency

The term Federal agency means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a levee.

(5)

Secretary

The term Secretary means the Secretary of the Army, acting through the Chief of Engineers.

(6)

State

The term State means—

(A)

a State;

(B)

the District of Columbia;

(C)

the Commonwealth of Puerto Rico; and

(D)

any other territory or possession of the United States.

(7)

State levee safety agency

The term State levee safety agency means the State agency that has regulatory authority over the safety of any non-Federal levee in a State.

(8)

United States

The term United States, when used in a geographical sense, means all of the States.

803.

Inspection of levees

(a)

In general

The Secretary shall carry out a program under which, as soon as practicable after the date of enactment of this Act, and every 10 years thereafter, the Secretary shall inspect levees in the United States for the purpose of protecting human life and property.

(b)

Levees to be inspected

In carrying out the program under subsection (a), the Secretary shall inspect each levee in the United States, except—

(1)

any levee that has been inspected by a State levee safety agency during the 1-year period immediately preceding the date of enactment of this Act, if the Governor of the State requests an exception; and

(2)

any levee that does not pose a threat to human life or property, as determined by the Secretary.

(c)

State participation

On request of a State levee safety agency, with respect to any levee the failure of which would affect the State, the head of a Federal agency shall—

(1)

provide information to the State levee safety agency relating to the construction, operation, or maintenance of the levee; and

(2)

allow an official of the State levee safety agency to participate in the inspection of the levee.

(d)

Determination

(1)

In general

For the purpose of determining whether a levee (including any water impounded by a levee) constitutes a danger to human life or property, the Secretary shall take into consideration the possibility that the levee may be endangered by overtopping, seepage, settlement, erosion, sediment, cracking, earth movement, earthquakes, hurricanes, failure of bulkheads, flashboards, gates on conduits, or other conditions that exist or may occur in any area in the vicinity of the levee.

(2)

Previously-inspected levees

For any levee with respect to which the Secretary made any determination regarding the safety of the levee before the date of the inspection of the levee under this section, the Secretary shall review the determination, taking into consideration information most recently available to the Secretary relating to—

(A)

the likelihood that a storm surge would exceed the designed level of protection of the levee; and

(B)

the effect of wetlands erosion, subsidence, or any other natural process on the vulnerability of the area surrounding the levee to flooding or an extreme weather event.

(e)

Report

As soon as practicable after the date on which a levee is inspected under this section, the Secretary shall provide to the Governor of the State in which the levee is located a notice of the results of the inspection, including—

(1)

a description of any hazardous condition discovered during the inspection;

(2)

on request of the Governor, information relating to any remedial measure necessary to mitigate or avoid a hazardous condition discovered during the inspection; and

(3)

a description of the results of any review conducted under subsection (d)(2) with respect to the levee, including—

(A)

any improvement required relating to the level of protection of the levee; and

(B)

recommendations regarding the maintenance or destruction of the levee, if any.

(f)

Priority list

Not later than February 1 of each year, the Secretary shall submit to Congress a priority list of flood control projects, taking into consideration the results of any inspection under this section, including—

(1)

the potential risk to human life or the environment if a project is not carried out;

(2)

the benefits of protecting critical infrastructure and population centers; and

(3)

the implementation of Federal guidelines relating to levee safety.

804.

National levee inventory

The Secretary shall maintain and periodically publish an inventory of levees in the United States, including the results of any levee inspection conducted under section 803.

805.

Interagency Committee on Levee Safety

(a)

Establishment

There is established a committee, to be known as the Interagency Committee on Levee Safety.

(b)

Membership

(1)

In general

The Committee shall be composed of 6 members, to be appointed by the Secretary—

(A)

1 of whom shall be a representative of the Department of Agriculture;

(B)

1 of whom shall be a representative of the Department of the Interior;

(C)

1 of whom shall be a representative of the Department of Labor;

(D)

1 of whom shall be a representative of the Department of Defense;

(E)

1 of whom shall be a representative of the Department of Energy; and

(F)

1 of whom shall be a representative of the Federal Emergency Management Agency.

(2)

Chairperson

The Secretary shall serve as chairperson of the Committee.

(c)

Duties

The Committee shall support the establishment and maintenance of effective Federal programs, policies, and guidelines to enhance levee safety for the protection of human life and property through coordination and information exchange among Federal agencies concerning the implementation of Federal guidelines relating to levee safety.

806.

National Levee Safety Review Board

(a)

Establishment

The Secretary shall establish an advisory board, to be known as the National Levee Safety Review Board, to—

(1)

monitor the safety of levees in the United States;

(2)

monitor the implementation of this title by State levee safety agencies; and

(3)

advise the Secretary on policy relating to national levee safety.

(b)

Membership

(1)

Voting members

The Board shall be composed of 11 voting members, to be appointed by the Secretary, who shall have expertise in levee safety, of whom—

(A)

1 member shall represent the Department of Agriculture;

(B)

1 member shall represent the Department of Defense;

(C)

1 member shall represent the Department of the Interior;

(D)

1 member shall represent the Environmental Protection Agency;

(E)

1 member shall represent the Federal Emergency Management Agency;

(F)

5 members shall represent State levee safety agencies; and

(G)

1 member shall represent the private sector.

(2)

Nonvoting members

The Secretary, in consultation with the voting members of the Board, may invite to participate in meetings of the Board as a nonvoting member—

(A)

a representative of the National Laboratories;

(B)

a representative of any Federal or State agency; or

(C)

a levee safety expert.

(c)

Duties

(1)

In general

The Board shall support the establishment and maintenance of effective programs, policies, and guidelines to enhance levee safety for the protection of human life and property throughout the United States.

(2)

Coordination and information exchange among agencies

In carrying out paragraph (1), the Board shall support coordination and information exchange among Federal agencies and State levee safety agencies that share common problems and responsibilities relating to levee safety, including planning, design, construction, operation, emergency action planning, inspections, maintenance, regulation or licensing, technical or financial assistance, research, and data management.

(d)

Powers

(1)

Information from Federal agencies

(A)

In general

The Board may secure directly from a Federal agency such information as the Board considers necessary to carry out this section.

(B)

Provision of information

On request of the Board, the head of the Federal agency shall provide the information to the Board.

(2)

Contracts

The Board may enter into any contract the Board determines to be necessary to carry out a duty of the Board.

(e)

Working groups

(1)

In general

The Secretary may establish working groups to assist the Board in carrying out this section.

(2)

Membership

A working group under paragraph (1) shall be composed of—

(A)

members of the Board; and

(B)

any other individual, as the Secretary determines to be appropriate.

(f)

Compensation of members

(1)

Federal employees

A member of the Board who is an officer or employee of the United States shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States.

(2)

Other members

A member of the Board who is not an officer or employee of the United States shall serve without compensation.

(g)

Travel expenses

(1)

Representatives of Federal agencies

To the extent amounts are made available in advance in appropriations Acts, a member of the Board who represents a Federal agency shall be reimbursed with appropriations for travel expenses by the agency of the member, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from home or regular place of business of the member in the performance of services for the Board.

(2)

Other individuals

To the extent amounts are made available in advance in appropriations Acts, a member of the Board who represents a State levee safety agency, a member of the Board who represents the private sector, and a member of a working group created under subsection (e) shall be reimbursed for travel expenses by the Director of the Federal Emergency Management Agency, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter 1 of chapter 57 of title 5, United States Code, while away from home or regular place of business of the member in performance of services for the Board.

(h)

Applicability of federal advisory committee act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.

807.

National levee safety program

(a)

In general

The Secretary, in consultation with the Committee, the Board, and State levee safety agencies, shall establish and maintain a national levee safety program.

(b)

Purposes

The purposes of the program under this section are—

(1)

to ensure that new and existing levees are safe through the development of technologically and economically feasible programs and procedures for hazard reduction relating to levees;

(2)

to encourage acceptable engineering policies and procedures to be used for levee site investigation, design, construction, operation and maintenance, and emergency preparedness;

(3)

to encourage the establishment and implementation of effective levee safety programs in each State based on State standards;

(4)

to develop and support public education and awareness projects to increase public acceptance and support of State levee safety programs;

(5)

to develop technical assistance materials for Federal and State levee safety programs;

(6)

to develop methods of providing technical assistance relating to levee safety to non-Federal entities; and

(7)

to develop technical assistance materials, seminars, and guidelines to improve the security of levees in the United States.

(c)

Strategic plan

In carrying out the program under this section, the Secretary shall prepare a strategic plan—

(1)

to establish goals, priorities, and target dates to improve the safety of levees in the United States;

(2)

to cooperate and coordinate with, and provide assistance to, State levee safety agencies, to the maximum extent practicable;

(3)

to share information among Federal agencies, State and local governments, and private entities relating to levee safety; and

(4)

to provide information to the public relating to hazards associated with levee failures.

(d)

Federal guidelines

(1)

In general

In carrying out the program under this section, the Secretary shall establish Federal guidelines relating to levee safety.

(2)

Incorporation of Federal activities

The Federal guidelines under paragraph (1) shall incorporate, to the maximum extent practicable, any activity carried out by a Federal agency as of the date on which the guidelines are established.

(e)

Incorporation of existing activities

The program under this section shall incorporate, to the maximum extent practicable—

(1)

any activity carried out by a State or local government, or a private entity, relating to the construction, operation, or maintenance of a levee; and

(2)

any activity carried out by a Federal agency to support an effort by a State levee safety agency to develop and implement an effective levee safety program.

(f)

Grants to State levee safety agencies

(1)

Grant program

In carrying out the program under this section, the Secretary shall provide grants to State levee safety agencies to assist States in establishing, maintaining, and improving levee safety programs.

(2)

Application

(A)

In general

To receive a grant under this subsection, a State levee safety agency shall submit to the Secretary an application in such time, in such manner, and containing such information as the Secretary may require.

(B)

Inclusion

An application under subparagraph (A) shall include an agreement between the State levee safety agency and the Secretary under which the State levee safety agency shall, in accordance with State law—

(i)

review and approve plans and specifications to construct, enlarge, modify, remove, or abandon a levee in the State;

(ii)

perform periodic inspections during levee construction to ensure compliance with the approved plans and specifications;

(iii)

approve the construction of a levee in the State before the date on which the levee becomes operational;

(iv)

inspect, at least once every 5 years, all levees and reservoirs in the State the failure of which would cause a significant threat to human life or property to determine whether the levees and reservoirs are safe;

(v)

establish a procedure for more detailed and frequent safety inspections;

(vi)

perform any inspection under the supervision of a State-registered professional engineer with related experience in levee design and construction;

(vii)

issue notices, if necessary, to require owners of levees to perform necessary maintenance or remedial work, improve security, revise operating procedures, or take other actions, including breaching levees;

(viii)

provide funds to—

(I)

ensure timely repairs or other changes to, or removal of, a levee in order to protect human life and property; and

(II)

if the owner of a levee does not take an action described in subclause (I), take appropriate action as expeditiously as practicable;

(ix)

establish a system of emergency procedures and emergency response plans to be used if a levee fails or if the failure of a levee is imminent;

(x)

identify—

(I)

each levee the failure of which could be reasonably expected to endanger human life;

(II)

the maximum area that could be flooded if a levee failed; and

(III)

necessary public facilities that would be affected by the flooding; and

(xi)

for the period during which the grant is provided, maintain or exceed the aggregate expenditures of the State during the 2 fiscal years preceding the fiscal year during which the grant is provided to ensure levee safety.

(3)

Determination of Secretary

(A)

In general

Not later than 120 days after the date on which the Secretary receives an application under paragraph (2), the Secretary shall approve or disapprove the application.

(B)

Notice of disapproval

If the Secretary disapproves an application under subparagraph (A), the Secretary shall immediately provide to the State levee safety agency a written notice of the disapproval, including a description of—

(i)

the reasons for the disapproval; and

(ii)

changes necessary for approval of the application, if any.

(C)

Failure to determine

If the Secretary fails to make a determination by the deadline under subparagraph (A), the application shall be considered to be approved.

(4)

Review of State levee safety programs

(A)

In general

The Secretary, in conjunction with the Board, may periodically review any project carried out using a grant under this subsection.

(B)

Inadequate projects

If the Secretary determines under a review under subparagraph (A) that a project is inadequate to reasonably protect human life and property, the Secretary shall, until the Secretary determines the project to be adequate—

(i)

revoke the approval of the project; and

(ii)

withhold assistance under this subsection.

(g)

Report

Not later than 90 days after the end of each odd-numbered fiscal year, the Secretary shall submit to Congress a report describing—

(1)

the status of the program under this section;

(2)

the progress made by Federal agencies during the 2 preceding fiscal years in implementing Federal guidelines for levee safety;

(3)

the progress made by State levee safety agencies participating in the program; and

(4)

recommendations for legislative or other action that the Secretary considers to be necessary, if any.

808.

Research program

(a)

In general

The Secretary, in cooperation with the Board, shall carry out a program of technical and archival research to develop and support—

(1)

improved techniques, historical experience, and equipment for rapid and effective levee construction, rehabilitation, and inspection;

(2)

the development of devices for the continued monitoring of levee safety;

(3)

the development and maintenance of information resources systems required to manage levee safety projects; and

(4)

public policy initiatives and other improvements relating to levee safety engineering, security, and management.

(b)

Participation by State levee safety agencies

In carrying out the program under subsection (a), the Secretary shall—

(1)

solicit participation from State levee safety agencies; and

(2)

periodically update State levee safety agencies and Congress of the status of the program.

809.

Levee safety training program

The Secretary shall establish a program under which the Secretary shall provide training for State levee safety agency staff and inspectors to a State that has, or intends to develop, a State levee safety program, on request of the State.

810.

Effect of title

Nothing in this title—

(1)

creates any Federal liability relating to the recovery of a levee caused by an action or failure to act;

(2)

relieves an owner or operator of a levee of any legal duty, obligation, or liability relating to the ownership or operation of the levee; or

(3)

preempts any applicable Federal or State law.

811.

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this title $10,000,000 for each of fiscal years 2006 through 2011, to remain available until expended.

IX

Emergency Lease Requirements

901.

Short title

This title may be cited as the Emergency Water Infrastructure Assistance Act of 2005.

902.

Emergency leases

Section 3307 of title 40, United States Code, is amended by striking subsection (e) and inserting the following:

(e)

Emergency leases by the Administrator

(1)

In general

Nothing in this section prevents the Administrator from entering into an emergency lease during a major disaster or other emergency declared by—

(A)

the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or

(B)

the head of a Federal agency under applicable Federal law.

(2)

Lease term

The term of an emergency lease under this subsection shall be not more than 5 years, unless the prospectus of the lease is approved under subsection (a).

(3)

Report

Not later than April 1 of each year, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing any emergency lease entered into under this subsection during the preceding fiscal year.

.

903.

Effective date

This Act and the amendments made by this Act affect only emergency leases entered into after August 1, 2005.

X

Funding

1001.

Funding

(a)

Authorization of appropriations

Except as otherwise provided in this Act, there are authorized to be appropriated such sums as are necessary to carry out this Act.

(b)

Appropriation of funds

(1)

In general

Notwithstanding any other provision of law, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall make available such sums as are necessary to carry out this Act.

(2)

Receipt and acceptance

Any appropriate Federal official shall be entitled to receive, shall accept, and shall use to carry out this Act the funds made available under paragraph (1), without further appropriation.

(3)

Availability of funds

Funds made available under paragraph (1) shall remain available until expended.

(c)

Emergency designation

Funds made available to carry out this Act by the transfer of funds in or pursuant to this section are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).

XI

Building Habitability

1101.

Short title

This title may be cited as the Habitability of Residential Homes, Schools, and Commercial Buildings Affected by Hurricane Katrina Act of 2005.

1102.

Findings

Congress finds that—

(1)

Hurricane Katrina—

(A)

caused significant loss of life, disrupted the supply of power, natural gas, and water, and affected sewage treatment and road safety;

(B)

destroyed hundreds of thousands of residential homes, commercial buildings, and schools in the States of Louisiana, Mississippi, and Alabama;

(C)

caused an estimated 80 percent of residential structures in the city of New Orleans to sustain flood damage;

(D)

presented serious environmental health issues and threatened the public health through contamination by toxic chemicals, sewage, solid waste, debris, and gasoline; and

(E)

continues to contribute to the growth of mold in residential homes and other buildings in the States of Louisiana, Mississippi, and Alabama through excess moisture and standing water;

(2)

many residential homes, commercial buildings, and schools in those States contain mold, and have otherwise been exposed to environmental contamination due to flooding, leaving the structures—

(A)

in a state of disrepair; and

(B)

inhabitable and dangerous to the public health;

(3)

molds have the potential to cause health problems by producing allergens, irritants, and in some cases, potentially toxic substances (mycotoxins);

(4)

inhaling or touching mold or mold spores may cause immediate or delayed allergic reactions in sensitive individuals, including hay fever-type symptoms, such as sneezing, runny nose, red eyes, and skin rash;

(5)

molds can also cause asthma attacks in people with asthma who are allergic to mold, and irritate the eyes, skin, nose, throat, and lungs of mold-allergic and nonallergic people;

(6)

some people, such as people with serious allergies to molds, may have more severe reactions to mold, and people with chronic lung illnesses, such as obstructive lung disease, may develop mold infections in their lungs; and

(7)

the Federal Government should take a leadership role in—

(A)

evaluating and inspecting residential homes, commercial buildings, and schools in the States of Louisiana, Mississippi, and Alabama for the presence of environmental contaminants and mold;

(B)

cleaning up environmental contaminants and mold; and

(C)

certifying that the structures are safe for habitation.

1103.

Purposes

The purposes of this title are—

(1)

to develop a program to inspect damaged residential homes, schools, and commercial buildings affected by Hurricane Katrina to—

(A)

determine the habitability of the structures;

(B)

determine the presence of environmental contaminants and mold in the structures, including the extent of the contamination; and

(C)

certify the habitability of the structures;

(2)

to develop a training program to certify contractors to inspect and remediate the structures;

(3)

to develop a program to reduce and eliminate the presence of environmental contaminants and mold in residential homes, commercial buildings, and schools through interim controls and abatement;

(4)

to educate the public on the public health implications of toxic mold and the guidelines of the Environmental Protection Agency for remediating mold; and

(5)

to provide grants to assist eligible entities in carrying out paragraphs (1) through (4).

1104.

Definitions

In this title:

(1)

Abatement

(A)

In general

The term abatement means any measure, including a remediation measure, to permanently eliminate any adverse health effect of an environmental contaminant or mold, in accordance with Federal environmental laws and guidelines.

(B)

Inclusions

The term abatement includes—

(i)

removal of environmental contaminants and replacement of surfaces containing environmental contaminants;

(ii)

cleanup and disposal of surfaces containing environmental contaminants, including postabatement clearance testing and sampling activities relating to the cleanup and disposal;

(iii)

removal and permanent containment of mold and replacement of surfaces containing mold;

(iv)

remediation of the underlying causes of mold and water accumulation;

(v)

cleanup, drying, and disposal of surfaces containing mold, including postabatement clearance testing and sampling activities relating to the cleanup and disposal; and

(vi)

development of a remediation plan, purchase of personal protective and containment equipment, the fixing of moisture problems, reevaluation of measures in cases in which hidden mold is discovered, and selection of appropriate cleanup methods.

(2)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.

(3)

Certified contractor

The term certified contractor means a contractor, inspector, or supervisor that—

(A)
(i)

has completed an accredited training program, as determined by the Administrator; and

(ii)

has met any other requirement for certification established by the Administrator; or

(B)

has been certified by a State under a program that is at least as rigorous as an accredited training program under subparagraph (A)(i), as determined by the Administrator.

(4)

Commercial building

The term commercial building means a structure that is operated for business purposes, including structures operated by for-profit and nonprofit entities.

(5)

Environmental contaminant

The term environmental contaminant means—

(A)

any hazardous substance regulated under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and

(B)

any solid waste regulated under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

(6)

Guidelines

The term guidelines means any guidance provided under the Environmental Protection Agency documents entitled Mold Remediation in Schools and Commercial Buildings and A brief guide to mold, moisture, and your home.

(7)

Inspection

The term inspection means a surface-by-surface investigation of the interior and exterior of a residential home, commercial building, or school to determine the habitability of the structure for adults (including pregnant women) and children, taking into consideration the presence of any environmental contaminant or mold, including activities relating to—

(A)

information gathering regarding the age and history of the structure;

(B)

visual inspection;

(C)

any environmental sampling technique;

(D)

assessment of the presence of an environmental contaminant or mold;

(E)

identification of the source of the contamination or cause of a water or moisture problem; and

(F)

any other appropriate activity, as determined by the Administrator.

(8)

Interim control

The term interim control means any measure designed to temporarily reduce human exposure or likely human exposure to an environmental contaminant or mold, such as specialized cleaning measures, repairs, maintenance, painting, temporary containment, and continued monitoring of a potential or existing environmental hazard.

(9)

Mold

The term mold means any form of multicellular fungus that lives on plant or animal matter, or in an indoor environment, such as Caldosporium, Penicillium, Alternaria, Aspergillus, Fuarium, Trichoderma, Memnoniella, Mucor, and Stachybotrys chartarum.

(10)

Residential home

The term residential home means—

(A)

a single-family dwelling, including any attached structure used as a porch or stoop; and

(B)

a single-family dwelling contained in a structure that includes more than 1 dwelling unit, in which each dwelling unit is intended to be occupied as a residence by 1 or more persons.

(11)

School

(A)

In general

The term school means any facility used for educational purposes.

(B)

Inclusion

The term school includes a day care center.

1105.

Abatement and inspection grants

(a)

Definition of eligible entity

In this section, the term eligible entity means—

(1)

any State, local, or tribal government agency (including a parish agency) located in the State of Louisiana, Alabama, or Mississippi that is affected by Hurricane Katrina; and

(2)

any administrative agency of a school located in the State of Louisiana, Alabama, or Mississippi that is affected by Hurricane Katrina.

(b)

Establishment

The Administrator shall establish a program under which the Administrator shall provide grants to eligible entities to pay the Federal share of the cost of abatement and inspection activities for residential homes, commercial buildings, and schools in the area served by the eligible entity, in accordance with this section.

(c)

Applications

To receive a grant under this section, an eligible entity shall submit to the Administrator an application in such time, in such manner, and containing such information as the Administrator may require.

(d)

Selection criteria

The Administrator shall provide grants under this section to eligible entities on the basis of the merit of an activity proposed to be carried out by the eligible entity, taking into consideration—

(1)

the severity and extent of the presence of environmental contaminants or mold in the area served by an eligible entity;

(2)

the ability of an eligible entity to carry out an activity proposed by the eligible entity; and

(3)

any other factor that the Administrator determines to be appropriate to carry out the purposes of this title.

(e)

Use of funds

An eligible entity that receives a grant under this section shall use amounts made available for activities relating to residential homes, commercial buildings, and schools in the area served by the eligible entity to—

(1)

conduct inspections;

(2)

provide for interim control of environmental contaminants and mold;

(3)

provide for abatement of environmental contaminants and mold;

(4)

ensure that inspections and sampling activities are carried out by certified contractors;

(5)

monitor the health of workers involved in abatement and inspection under this section;

(6)

monitor the health of certified contractors involved in inspections under this section;

(7)

inform the public with respect to the nature and causes of mold, measures to reduce exposure to mold, and measures to remediate mold; and

(8)

test or sample air and surfaces for environmental contaminants or mold, including by—

(A)

purchasing equipment to measure moisture levels in building materials, humidity gauges and meters, and air conditioning filters; and

(B)

designing mold sampling protocols.

1106.

Threshold limit values

(a)

In general

Not later than 180 days after the date of enactment of this Act, the Administrator shall promulgate regulations establishing threshold limitation values for airborne concentrations of mold and mold spores in indoor environments to protect the public health.

(b)

Factors for consideration

In promulgating regulations pursuant to subsection (a), the Administrator shall take into consideration the adverse health effects of exposure to mold and mold spores, including specific effects of the exposure on—

(1)

pregnant women;

(2)

children;

(3)

elderly individuals;

(4)

asthmatic individuals;

(5)

allergic individuals;

(6)

individuals with compromised immune systems; and

(7)

any other subgroup of individuals the health of which would be at greater risk if exposed to mold or mold spores, as determined by the Administrator.

1107.

Guidance for evaluation and abatement of mold

Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Health and Human Services acting through the Director of the Centers for Disease Control, shall issue guidance with respect to adults (including pregnant women) and children for any activity carried out or funded, in whole or in part, by the Federal Government relating to inspection, interim controls, activities for the abatement or remediation of mold, and sampling.

1108.

Contractor training and certification

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Administrator shall promulgate regulations relating to the abatement, inspection, reduction, and remediation of mold to ensure that certified contractors are properly trained to carry out those activities, including establishing standards for the accreditation of training programs for contractors, supervisors, inspectors, and other workers.

(b)

Inclusions

In promulgating regulations pursuant to subsection (a), the Administrator shall require that any mold inspection, abatement, or reduction activity carried out or funded, in whole or in part, by the Federal Government shall be conducted by a certified contractor.

1109.

Treatment

Any individual or entity that fails to comply with a requirement of this title shall be subject to an appropriate civil penalty, as determined by the Administrator.

1110.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this title.

XII

Commuter assistance programs

1201.

Commuter assistance programs

Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 408 (42 U.S.C. 5174) the following:

409.

Commuter assistance programs

(a)

Definition of commuter assistance program

In this section, the term commuter assistance program means any program relating to—

(1)

public transportation, including commuter trains and rapid transit by bus;

(2)

ridesharing, such as carpooling or vanpooling; or

(3)

other kinds of transportation demand-side management.

(b)

Reimbursement for establishment of commuter assistance programs

Any State or local governmental entity that, in conjunction with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, establishes and implements a commuter assistance program to improve worker access to assist in the rapid recovery of communities in response to a major disaster or emergency declared under this Act shall be eligible to receive reimbursement under this Act for the cost of the commuter assistance program.

(c)

Technical support

The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation and the heads of other Federal agencies, shall use the Best Workplaces for Commuters Program of the Environmental Protection Agency to facilitate the development and implementation of commuter assistance programs to improve worker access to communities covered by a declaration of a major disaster under section 401.

.